House Bill 1153

AN ACT TO AMEND SECTION 63-21-39, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS OF THE AFFIDAVIT FORM REQUIRED TO BE FILED WITH THE DEPARTMENT OF REVENUE WHEN CANCELLING A CERTIFICATE OF TITLE FOR SCRAP MOTOR VEHICLES WHEN THE CERTIFICATE OF TITLE IS NOT AVAILABLE; TO MAKE IT A FELONY TO KNOWINGLY FALSIFY ANY INFORMATION ON THE AFFIDAVIT FORM PROVIDED BY THIS ACT; TO REQUIRE THE DEPARTMENT OF REVENUE TO DEVELOP AND IMPLEMENT AN INTERNET-BASED SYSTEM FOR ELECTRONICALLY SUBMITTING CERTAIN TITLE INFORMATION NOT LATER THAN JULY 1, 2013; TO PROVIDE THAT A LICENSED USED MOTOR VEHICLE DEALER SHALL NOT DISMANTLE OR DESTROY A MOTOR VEHICLE UNTIL IT RECEIVES NOTIFICATION FROM THE DEPARTMENT THAT THERE ARE NO LIENS ON THE MOTOR VEHICLE; TO PROVIDE THAT THE USED MOTOR VEHICLE PARTS DEALER OR SCRAP METAL PROCESSOR SHALL SECURE THE MOTOR VEHICLE FOR THREE FULL BUSINESS DAYS IF THE DEPARTMENT'S RECORDS INDICATE THAT THERE IS NO ACTIVE LIEN BEFORE DESTROYING OR DISMANTLING THE MOTOR VEHICLE; TO PROVIDE THAT IF THERE IS AN ACTIVE LIEN, THE USED MOTOR VEHICLE PARTS DEALER OR SCRAP METAL PROCESSOR SHALL SECURE THE MOTOR VEHICLE FOR FIFTEEN DAYS AND THE DEPARTMENT SHALL NOTIFY THE LIENHOLDER; TO PROVIDE THAT THE DEPARTMENT MAY REMOVE THE LIEN FROM ITS RECORDS IF A WRITTEN STATEMENT PROTESTING REMOVAL OF THE LIEN IS NOT RECEIVED BY THE DEPARTMENT FROM THE LIENHOLDER WITHIN THE FIFTEEN-DAY PERIOD; TO PROVIDE FOR THE ACTIONS TO BE TAKEN IF A WRITTEN PROTEST FROM THE LIENHOLDER IS RECEIVED; TO MAKE IT A MISDEMEANOR TO KNOWINGLY DESTROY OR DISMANTLE A MOTOR VEHICLE THAT HAS AN ACTIVE LIEN; 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) Notwithstanding any other provision of this chapter to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, has lost the title for the vehicle to be transferred, or has returned the title to the Department of Revenue in accordance with Section 63-21-39(1)(a), he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is at least ten (10) model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer or scrap metal processor. The department shall promulgate a form for the statement which shall include, but not be limited to:

(i) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped;

(ii) A description of the vehicle including the year, make, model and vehicle identification number;

(iii) The name, address, and driver's license number of the owner;

(iv) A certification that the owner:

1. Never obtained a title to the vehicle in his or her name; or

2. Was issued a title for the vehicle, but the title was lost or stolen;

(v) A certification that the vehicle:

1. Is at least ten (10) model years old; and

2. Is not subject to any secured interest or lien;

(vi) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one (1) year nor more than five (5) years or a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both, to knowingly falsify any information on this statement;

(vii) The owner's signature and the date of the transaction;

(viii) The name and address of the business acquiring the vehicle;

(ix) The National Motor Vehicle Title Information System identification number; and

(x) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation.

(c) The used motor vehicle parts dealer or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (b) of this subsection (1) to the Department of Revenue within seventy-two (72) hours of the completion of the transaction, requesting that the department cancel the Mississippi certificate of title and registration. In lieu of mailing, the used motor vehicle parts dealer or scrap metal processor may electronically submit the information contained in the statement via an Internet-based system to be developed by the department. The department shall develop and implement the Internet-based system not later than July 2013.

(d) All records required under the provisions of this subsection shall be maintained for a period of two (2) years by the reporting entity and shall include a scanned or photocopied copy of the seller's or seller's representative's driver's license or state issued identification card.

(e) A person who knowingly falsifies any information on the affidavit provided for under paragraph (b) of this subsection shall be guilty of a felony, and such person shall be punished in accordance with the provisions of Section 63-21-73.

(2) (a) A licensed used motor vehicle dealer or scrap metal processor shall not dismantle or destroy a motor vehicle until it receives notification from the department that there are no liens on the motor vehicle. The department must notify the used motor vehicle parts dealer or scrap metal processor whether or not there are any liens on the motor vehicle within twenty-four (24) business hours of receipt of the title as provided for in subsection (1) of this section or receipt of the statement provided for in subsection (2) of this section.

(b) The used motor vehicle parts dealer or scrap metal processor shall secure the motor vehicle for three (3) full business days, excluding weekends and holidays, if the department's records indicate that there is no active lien before destroying or dismantling the motor vehicle.

(c) If there is an active lien, the used motor vehicle parts dealer or scrap metal processor shall secure the motor vehicle for fifteen (15) days and the department shall immediately notify the lienholder.

(d) Fifteen (15) days after the receipt of the title as provided for in subsection (1) of this section or receipt of the statement provided for in subsection (2) of this section, the department may remove the lien from its records if a written statement protesting removal of the lien is not received by the department from the lienholder within the fifteen-day period. If the lienholder files a written statement within the fifteen-day period that the lien is still outstanding with the department and the used motor vehicle parts dealer or scrap metal processor, the department shall not remove the lien from its records and place an administrative hold on the record for thirty (30) days to allow the lienholder to take any appropriate action. The used motor vehicle parts dealer or scrap metal processor must secure the motor vehicle until the department's administrative hold is removed, the lienholder submits a lien satisfaction, or the lienholder takes possession of the vehicle.

(e) A person who knowingly destroys or dismantles a motor vehicle that has an active lien in violation of this subsection (2) shall be guilty of a misdemeanor, and such person shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) upon a first offense and not more than Five Thousand Dollars ($5,000.00) upon a second or any subsequent offense.

(3) 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.

(4) 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. This act shall take effect and be in force from and after July 1, 2013.