House Bill 1197

AN ACT TO AUTHORIZE THE ISSUANCE OF A TEMPORARY LICENSE TAG BY A MOTOR VEHICLE DEALER TO THE PURCHASER OF A MOTOR VEHICLE AT THE TIME OF THE SALE; TO REQUIRE THE DEPARTMENT OF REVENUE TO DESIGN THE TEMPORARY LICENSE TAG AND TO PRESCRIBE CERTAIN INFORMATION THAT MUST BE INCLUDED ON THE TAG; TO REQUIRE EACH TEMPORARY LICENSE TAG TO EXPIRE 30 DAYS FROM THE DATE OF THE VEHICLE'S PURCHASE; TO REQUIRE A DEALER WHO ISSUES TEMPORARY LICENSE TAGS TO MAINTAIN CERTAIN RECORDS RELATING TO THE ISSUANCE OF EACH TAG; TO REQUIRE AN ADDITIONAL FEE TO BE PAID TO THE DEALER FOR THE ISSUANCE OF A TEMPORARY LICENSE TAG; TO REQUIRE DEALERS TO REMIT FEES TO THE COUNTY OF RESIDENCE OF THE VEHICLE'S PURCHASER; TO PROHIBIT DEALERS FROM USING TEMPORARY LICENSE TAGS FOR ANY REASON OTHER THAN THE INTENDED PURPOSE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) A person who newly acquires a motor vehicle required to be registered under the motor vehicle laws may obtain, in his discretion, a temporary license tag from the dealer of new or used vehicles from which the motor vehicle is purchased.

(2) A dealer of new or used vehicles may issue to the purchaser of a motor vehicle, at the time of its sale, a temporary license tag. The temporary license tags shall be of such color and design as the Department of Revenue may prescribe and shall consist of such letters or numbers, or both, as may be necessary to distinguish each temporary license tag. The temporary license tag must contain the dealer's name, city and phone number, or the dealer's name and computer website address, and the expiration date of the temporary license tag. The expiration date must be clearly legible and must contain a numerical month, day and year. The expiration date may not extend beyond thirty (30) days from the date of purchase of the motor vehicle. The temporary license tag must be made of material designed to resist deterioration or fading from exposure to the elements during the period for which display is required.

(3) When issuing a temporary motor vehicle tag, the dealer shall advise the purchaser that the bill of sale or title to the vehicle must be maintained in the motor vehicle at all times as written evidence of the sale and the vehicle's date of purchase. The bill of sale or title must contain a description of the motor vehicle, the name and address of both the seller and purchaser of the vehicle and the date of sale of the vehicle.

(4) A dealer shall keep a record of all temporary license tags issued. For each temporary license tag issued, the record must include the following:

(a) The control number of the temporary license tag;

(b) The motor vehicle purchaser's name and address; and

(5) The Department of Revenue shall issue temporary license tags to each motor vehicle dealer who applies for the tags.

(6) Any person who desires to obtain a temporary license tag from a motor vehicle dealer must pay a fee in the amount of Forty Dollars ($40.00) to the dealer at the time the vehicle is purchased. The fee shall be in addition to all other taxes and fees assessed in conjunction with the sale of the vehicle. At the end of each month, the dealer shall remit the fees collected from the issuance of temporary license tags to the county tax collector in each motor vehicle purchaser's county of residence.

(7) The Department of Revenue shall promulgate such rules and regulations as may be necessary for the administration of this section.

(8) A dealer may not use a temporary license tag for any reason other than its intended purpose, as authorized under this section. Prohibited uses of a temporary license tag by a dealer include, but are not necessarily limited to: vehicle demonstration; employee use; or transporting vehicles from one (1) location to another location. A dealer may not place a temporary license tag on a vehicle, regardless of whether the expiration date has been written on the tag, until the vehicle is sold to a purchaser.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.