House Bill 790

AN ACT TO PROVIDE EDUCATIONAL REQUIREMENTS FOR THE ISSUANCE AND RENEWAL OF MOTOR VEHICLE TAG PERMITS FOR USED MOTOR VEHICLE DEALERS; TO AMEND SECTION 27-19-305, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 27-19-306, Mississippi Code of 1972:

27-19-306. (1) Beginning January 1, 2005, every application for the issuance or renewal by a used motor vehicle dealer of a motor vehicle tag permit shall be accompanied by, or supported by, such evidence as the State Tax Commission shall prescribe, documenting the completion of an education seminar, approved by the commission, during the twelve-month period immediately preceding the date of application. Completion of an eight-hour licensing course shall be required for an initial permit and completion of a four-hour continuing education course shall be required for the renewal of the permit. The education requirements of this section shall not apply to a used motor vehicle dealer whose primary business is the sale of salvage vehicles on behalf of insurers or to a manufactured home dealer. The education requirements of this section shall not apply to persons age sixty-two (62) years or older, on or before January 2005, who are seeking to renew a permit.

(2) The State Tax Commission may grant prior approval to any of the following types of educational activities to meet continuing education requirements:

(a) Seminars approved by the State Tax Commission;

(b) National or state automobile association sponsored seminars, courses of instruction or meetings;

(d) Seminars or courses related to used cars sponsored or participated in by any state or federal agency; and

(e) Any other seminar, course or meeting which the commission deems to be appropriately related to the used car business.

(3) Requests for approval of any continuing educational activity shall be submitted to the State Tax Commission before the date of attendance, and shall include a complete and specific description of the educational activity, a description of how it will benefit permittees in conducting their businesses, the number of hours involved, a description of the method which will be used to ensure attendance and copies of any instructional materials which will be provided to attendees. At the time approval is granted, the State Tax Commission shall determine how many hours of continuing education a permittee may receive by attending the program. At any time the State Tax Commission deems that a previously approved educational activity is not meeting the requirements for continuing education, it may revoke the approval of the activity.

(4) The State Tax Commission may deny an application for a permit or revoke a permit for failure to comply with the provisions of this section.

SECTION 2. Section 27-19-305, Mississippi Code of 1972, is amended as follows:

27-19-305. A dealer shall make application to the commission on forms prescribed and furnished him to obtain a distinguishing number for such motor vehicles as are owned by such dealer. The commission shall issue to the applicant a motor vehicle dealer tag permit containing the name and address of the dealership and such further information as the commission may determine to be necessary; however, used motor vehicle dealers must meet the educational requirements of Section 27-19-306 in order to be issued a permit. The place of business or agency herein referred to shall mean a place in any city, town, or locality where motor vehicles owned or assigned to such dealer are regularly kept or exposed for sale in the custody or control of the dealer, salesman, employee, or agent of such dealer.

SECTION 3. This act shall take effect and be in force from and after July 1, 2005.