House Bill 1400

AN ACT TO AMEND SECTION 63-21-39, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISIONS OF LAW ALLOWING FOR A MOTOR VEHICLE SCRAP PROCESSOR TO PROVIDE THE DEPARTMENT OF REVENUE WITH A SIGNED AFFIDAVIT FORM IN LIEU OF A CERTIFICATE OF TITLE IN CERTAIN INSTANCES WHEN A CERTIFICATE IS NOT AVAILABLE; TO MAKE IT A MISDEMEANOR FOR A MOTOR VEHICLE SCRAP PROCESSOR OR USED MOTOR VEHICLE PARTS DEALER TO FAIL OR REFUSE TO MAIL OR DELIVER THE PROPERLY INDICATED CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE BEFORE SCRAPPING, DISMANTLING OR DESTROYING A VEHICLE; TO REENACT AND AMEND SECTION 63-25-13, MISSISSIPPI CODE OF 1972, WHICH WAS REPEALED BY OPERATION OF SECTION 4, CHAPTER 451, LAWS OF 2011, ON JULY 1, 2011, TO DELETE THE PROVISIONS OF LAW ALLOWING FOR A PERSON DELIVERING, SELLING OR TRANSFERRING A VEHICLE OR PART FOR THE PURPOSE OF CRUSHING, COMPACTING OR OTHERWISE SIMILARLY PROCESSING SUCH VEHICLE OR PART TO PROVIDE THE MOTOR VEHICLE SCRAP PROCESSOR OR USED MOTOR VEHICLE PARTS DEALER WITH A SIGNED AFFIDAVIT FORM IN LIEU OF A CERTIFICATE OF TITLE IN CERTAIN INSTANCES WHEN A CERTIFICATE IS NOT AVAILABLE; TO REPEAL SECTION 63-21-38, MISSISSIPPI CODE OF 1972, WHICH MAKES REQUIREMENTS OF SCRAP METAL PROCESSORS AND USED MOTOR VEHICLE PARTS DEALERS WHEN PURCHASING ANY VEHICLE OR SCRAP VEHICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-21-39, Mississippi Code of 1972, is amended as follows:

63-21-39. (1) (a) An owner who scraps, dismantles or destroys a vehicle and a person who purchases a vehicle as scrap or to be dismantled or destroyed shall indicate same on the back of the certificate of title and shall immediately cause the certificate of title and any other documents required by the Department of Revenue to be mailed or delivered to the Department of Revenue for cancellation. A certificate of title of the vehicle shall not again be issued except upon application containing the information the Department of Revenue requires, accompanied by a certificate of inspection in the form and content specified in Section 63-21-15(5) and proof of payment of a fee as provided in subsection (2) of this section.

(b) The failure or refusal of a motor vehicle scrap processor or used motor vehicle parts dealer to mail or deliver the properly indicated certificate of title to the Department of Revenue before scrapping, dismantling or destroying a vehicle as required by this section shall be a misdemeanor punishable, upon conviction, by a fine of not more than Five Thousand Dollars ($5,000.00), by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.

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(2) For the purpose of requesting a clear title or a branded title on a vehicle with a salvage certificate of title, every owner of a vehicle that has been issued a salvage certificate of title in this state or any other state which has been restored in this state to its operating condition which existed prior to the event which caused the salvage certificate of title to be issued shall make application to the Department of Revenue, accompanied by a certificate of inspection issued by the Department of Public Safety in the form and content specified in Section 63-21-15(5) and the payment of a fee of Seventy-five Dollars ($75.00) for each motor vehicle for which a certificate of inspection is issued. All such monies shall be collected by the Department of Public Safety and paid to the State Treasurer for deposit in a special fund that is hereby created in the State Treasury to be known as the "Salvage Certificate of Title Fund." Monies in the special fund may be expended by the Department of Public Safety, upon appropriation by the Legislature. The Department of Revenue shall establish by regulation the minimum requirements by which a vehicle which has been issued a salvage certificate of title may be issued a clear title.

(3) Before a clear title or a branded title may be issued for a vehicle for which a salvage certificate of title has been issued, the applicant shall submit, by hand delivery or mail, such documents and information to the Department of Public Safety as the department may require for the purpose of determining if the vehicle complies with the requirements of this section and all applicable regulations promulgated by the Commissioner of Public Safety and the Department of Revenue. The Department of Public Safety also may require that an applicant bring a vehicle for which application for a clear title or a branded title is being made to a Highway Patrol facility for a visual inspection whenever the department deems that a visual inspection is necessary or advisable. Nothing in this section shall be construed to prohibit inspectors of the Mississippi Highway Patrol from conducting on-site inspections and investigations of motor vehicle rebuilders or motor vehicle repair businesses to determine if such businesses are in compliance with all applicable laws relating to the motor vehicle title laws of this state and regulations promulgated by the Commissioner of Public Safety and the Department of Revenue.

SECTION 2. Section 63-25-13, Mississippi Code of 1972, which was repealed by operation of Section 4, Chapter 451, Laws of 2011, on July 1, 2011, is reenacted and amended as follows:

63-25-13. Any person who delivers, sells or transfers a motor vehicle or motor vehicle part to a motor vehicle scrap processor or used motor vehicle parts dealer for the purpose of crushing, compacting or otherwise similarly processing such vehicle or part, shall present to the processor, at the time of delivery, sale or transfer, the name and address of the person delivering, selling or transferring the vehicle or part and the original or a copy of the certificate of title for the vehicle or the vehicle from which such part was taken identifying the owner of such vehicle or part and the vehicle identification number of the vehicle or part. * * * Every motor vehicle scrap processor or used motor vehicle parts dealer shall maintain records of all such transactions together with records of the disposition of such vehicles and parts and, upon request of the Department of Revenue, the Department of Public Safety or any other law enforcement officer, shall produce such records and permit such departments or law enforcement officers, during regular and usual business hours, to examine them and any vehicles or parts which are on the premises that are subject to the record keeping requirements of this section. No vehicle or vehicle part may be crushed, compacted or otherwise similarly processed except after compliance with this section. The failure or refusal of a motor vehicle scrap processor to maintain or produce such records or to permit inspection of such records, vehicles or vehicle parts as required by this section shall be a misdemeanor punishable, upon conviction, by a fine of not more than Five Thousand Dollars ($5,000.00), by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.

SECTION 3. Section 63-21-38, Mississippi Code of 1972, which makes requirements of scrap metal processors and used motor vehicle parts dealers when purchasing any vehicle or scrap vehicle, is repealed.

SECTION 4. This act shall take effect and be in force from and after July 1, 2012.