MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Transportation

By: Representatives Hobgood-Wilkes, Wallace

House Bill 363

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 63-17-74, MISSISSIPPI CODE OF 1972, TO ADD AN EXCEPTION TO THE PROVISION THAT MAKES IT UNLAWFUL FOR A PERSON TO SELL A MOTOR VEHICLE THAT IS NOT TITLED AND REGISTERED IN SUCH PERSON'S NAME FOR A WRECKER SERVICE OR AUTOMOBILE REPAIR SERVICE/BUSINESS SELLING A MOTOR VEHICLE THAT IS LEGALLY BEING HELD FOR SALE AS MERCHANDISE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-17-74, Mississippi Code of 1972, is amended as follows:

     63-17-74.  (1)  It is unlawful for a person to sell a motor vehicle that is not titled and registered in the name of that person unless the person is:

          (a)  An heir, successor or assignee of the owner of the motor vehicle;

          (b)  A motor vehicle dealer licensed or permitted in the State of Mississippi to sell motor vehicles;

          (c)  A person selling a motor vehicle to a licensed used motor vehicle parts dealer or scrap metal processor in compliance with Section 63-21-39;

          (d)  A person selling a motor vehicle under the Mississippi Title Pledge Act;

          (e)  An insurance company or its authorized agent selling a motor vehicle that is the subject of an insurance claim; * * *or

          (f)  A finance company or bank selling a motor vehicle * * *.; or

          (g)  A wrecker service or automobile repair service/business selling a motor vehicle that is legally being held for sale as merchandise.

     All local and state law enforcement agencies have jurisdiction to enforce this section.

     (2)  Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) per violation.

     SECTION 2.  This act shall take effect and be in force from and after its passage.