House Bill 1344

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 REQUIRE THAT WITHIN 48 HOURS OF EACH DAY'S CLOSE OF BUSINESS, THE USED MOTOR VEHICLE PARTS DEALER OR SCRAP METAL PROCESSOR WHO PURCHASES OR RECEIVES MOTOR VEHICLES FOR SCRAP OR FOR PARTS SHALL DELIVER IN A FORMAT APPROVED BY THE DEPARTMENT A LIST OF ALL SUCH VEHICLES PURCHASED THAT DAY FOR SCRAP OR FOR PARTS; TO REVISE THE DEFINITION OF "MOTOR VEHICLE" FOR THE PURPOSES OF THIS ACT; TO PROVIDE THAT WHEN A USED MOTOR VEHICLE PARTS DEALER OR SCRAP METAL PROCESSOR PURCHASES OR RECEIVES A CRUSHED OR FLATTENED VEHICLE, THAT DEALER OR PROCESSOR MUST VERIFY THAT THE SELLER HAS REPORTED THE VEHICLE AS REQUIRED BY THIS ACT; TO MAKE IT A CRIMINAL OFFENSE TO KNOWINGLY FALSIFY ANY INFORMATION ON THE AFFIDAVIT FORM PROVIDED BY THIS ACT; TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO CHARGE A FEE FOR ANY VEHICLE IDENTIFICATION NUMBER VERIFICATION REQUIRED BY FEDERAL LAW OR REGULATION ON A VEHICLE WITH A SALVAGE CERTIFICATE OF TITLE FOR WHICH A PERSON APPLIES FOR A CLEAR TITLE OR BRANDED TITLE; 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;

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

( * * *~~(iii)~~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;

( * * *~~(iv)~~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:

1. It is a misdemeanor, punishable by imprisonment for not more than six (6) months or a fine of not more than Five Hundred Dollars ($500.00), or both, for conviction of a first offense of knowingly falsifying any information on this statement, and

2. 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), or both, for conviction of a second or subsequent offense of knowingly falsifying any information on this statement;

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

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

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

( * * *~~(viii)~~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~~ until such time as the department develops an Internet-based system * * * ~~to be developed by the department~~that would then be used by the dealer or processor.

(d) * * * Within forty-eight (48) hours of each day's close of business, the used motor vehicle parts dealer or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver in a format approved by the department, by electronic means to be made available by the department by January 1, 2014, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information:

(i) The name, address and contact information for the reporting entity;

(ii) The vehicle identification numbers of such vehicles;

(iii) The dates such vehicles were obtained;

(iv) The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only;

(v) A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes;

(vi) A statement of whether the vehicle is intended for export out of the United States; and

(vii) The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle.

(e) (i) For purposes of this subsection, the term "motor vehicle" shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible.

(ii) In cases where such crushed or flattened vehicles are purchased or received, the purchasing or receiving used motor vehicle parts dealer or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or a contract between the seller and the purchasing or receiving used motor vehicle parts dealer or scrap metal processor attesting to the seller's compliance with the reporting requirements of this subsection. Such verification must clearly identify the seller by a government issued photograph identification card or employer identification number, and the verification and copy of the identification card or number shall be maintained by the purchasing or receiving used motor vehicle parts dealer or scrap metal processor for a period of not less than two (2) years.

(f) The information obtained by the department in accordance with paragraph (d) of this subsection (1) shall be reported to the National Motor Vehicle Title Information System, in a format that will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 C.F.R. 25.56.

(g) The information obtained by the department in accordance with paragraph (d) of this subsection (1) shall be made available only to law enforcement agencies, and for purposes of canceling certificates of title, and shall otherwise be considered to be confidential business information of the respective reporting entities.

(h) 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.

(i) A person who knowingly falsifies any information on the affidavit provided for under paragraph (b) of this subsection (1) shall:

(i) Be guilty of a misdemeanor upon conviction for a first offense of knowingly falsifying such information, and punished in accordance with the provisions of Section 63-21-71; and

(ii) Be guilty of a felony upon conviction for a second or subsequent offense of knowingly falsifying such information, and punished in accordance with the provisions of Section 63-21-73.

(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. In addition, the Department of Public Safety may charge such a person a fee in the amount of Twenty-five Dollars ($25.00) for performing any vehicle identification number verification required by federal law or regulation for the vehicle for which the person is applying for a title. 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. This act shall take effect and be in force from and after July 1, 2013.