reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 3 - ABANDONED MANUFACTURED OR MOBILE HOMES (§§ 63-21-201 — 63-21-223) › Section 63-21-209 - Oath of commissioner

Before the commissioner enters upon the discharge of the commissioner's duties, the commissioner shall take and subscribe an oath before some competent officer, and shall file a copy of the same in the proceeding, that the commissioner will honestly, faithfully and impartially advertise the sale, receive the highest bid, disburse the same and file a report as to such disbursement required by law, and perform the duties required of a commissioner to the best of the commissioner's skill, knowledge and judgment.
Added by Laws, 2021, ch. 376, HB 955,§ 5, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 3 - ABANDONED MANUFACTURED OR MOBILE HOMES (§§ 63-21-201 — 63-21-223) › Section 63-21-211 - Advertisement for sale

The commissioner shall advertise a notice of sale by publication and posting. The notice of sale shall be published one (1) time a week for three (3) weeks prior to the sale in a newspaper published in the county where the manufactured or mobile home is located, or, if none such paper is so published in said county, in some paper having a general circulation therein. The notice of sale shall be posted by the commissioner at the courthouse of the county where the abandoned manufactured or mobile home is located. The notice of sale shall contain a detailed description of the abandoned manufactured or mobile home and a general description of the associated personal property to be sold and the date, time and place of the sale. Upon request, the commissioner shall provide the inventory to any interested person. The commissioner shall mail a copy of the notice of sale by United States mail postage prepaid to the last known address of the owner as shown in the complaint if the owner has not appeared as a party to the proceeding.
Added by Laws, 2021, ch. 376, HB 955,§ 6, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 3 - ABANDONED MANUFACTURED OR MOBILE HOMES (§§ 63-21-201 — 63-21-223) › Section 63-21-213 - Procedure for sale

The sale shall be made at the place, on the date and during the time set by the court.
The sheriff shall conduct the sale and shall charge a reasonable fee for conducting the sale with the fee to be applied to the sheriff's operating fund. The abandoned manufactured or mobile home and associated personal property shall be sold for cash to the highest bidder. Each bidder shall submit a bid in at least a minimum amount that will pay the sheriff's fee, the tax collector for any past due taxes, the lien creditors in their order of priority and all costs of court and commissioner's fees. The community owner or landowner may purchase at any sale, and any such sale shall not be invalid because of the relationship of such purchaser to the community owner or landowner or any lienholder. The community owner or landowner and any lienholder may credit bid by deducting the amount due to such bidder from the bidder's bid. The highest bid accepted by the sheriff at the sale shall be paid to the commissioner. The sheriff, promptly upon completion of the sale, shall deliver to the commissioner a report of the sale, including a copy of the notice of sale authorizing the sale of the abandoned manufactured or mobile home and a list of the associated personal property sold along with the same, the total amount paid, the name of the commissioner to whom it was paid, the name of the sheriff conducting the sale and the name of the person to whom the sale was made. The sheriff shall execute and deliver a bill of sale to the purchaser who shall be the highest bidder with the commissioner to witness the bill of sale. The signature by the sheriff and the commissioner to the bill of sale is a certification by them that the sale was conducted pursuant to the sale order and to the highest bidder for cash. The bill of sale may be conditioned upon the entry by the court of the final order. If there is no bidder at the sale, the sheriff's fees shall be paid by the community owner or landowner with such costs to be assessed as costs of court, upon filing of proof of payment of the same in the proceeding. If there is no bid, the community owner or landowner may seek a new sale order providing for another sale of the manufactured or mobile home and associated personal property.
Added by Laws, 2021, ch. 376, HB 955,§ 7, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 3 - ABANDONED MANUFACTURED OR MOBILE HOMES (§§ 63-21-201 — 63-21-223) › Section 63-21-215 - Payment of debt and exercise of possession

Any interested party may, at any time before a sale is made under the terms and provisions of the sale order, stop a threatened sale of a manufactured or mobile home by paying the amount due to the community owner or landowner on the amount actually past due rather than any amount accelerated, along with all accrued costs, attorneys' fees, commissioners' fees, sheriffs' fees, such taxes due and not paid, with proper interest and penalties thereon. Any such payment or payments shall reinstate, according to the terms of the agreement with the community owner or landowner, the amount so accelerated, the same as if such amount had not been accelerated or put in default.
Added by Laws, 2021, ch. 376, HB 955,§ 8, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 3 - ABANDONED MANUFACTURED OR MOBILE HOMES (§§ 63-21-201 — 63-21-223) › Section 63-21-217 - Disbursement of bid amount by commissioner

The commissioner shall disburse the bid proceeds as follows: first, to the sheriff for the sheriff's fee; second, to the tax collector for any past due taxes, liens and assessments; third, to the lien creditors in their order of priority; fourth, to the community owner or landowner for the indebtedness, interest and attorney's fees owed thereto and all costs of court and commissioner's fees; and fifth, to the owner, or if the abandoned manufactured or mobile home was adjudicated by the sale order as uninhabitable, then to the community owner or landowner in the amount of the estimate of demolition and removal. If the owner has appeared in the proceeding or was served with process other than by publication, any amount to be paid to the owner and not paid directly to the owner may be paid by interpleading the same with the clerk of court where the proceeding is pending for the benefit of the owner. If the owner has not appeared in the proceeding and service of process was obtained by publication, then the commissioner shall pay the same to the Treasurer of the State of Mississippi as unclaimed funds on such forms as may be prescribed by the Treasurer. The commissioner shall have the right to delay disbursement of the bid amount until the court has entered a final order.
Added by Laws, 2021, ch. 376, HB 955,§ 9, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 3 - ABANDONED MANUFACTURED OR MOBILE HOMES (§§ 63-21-201 — 63-21-223) › Section 63-21-219 - Entry of final order

Upon the commissioner filing a report with the court attaching a copy of the sheriff's report of the sale and a list of the actual or proposed disbursements from the accepted bid, the court may enter a final order approving the sale and the disbursement of the proceeds from the accepted bid and include such other provisions as deemed appropriate by the court. The court may enter any other order finally disposing of the proceeding, including an order of dismissal.
Added by Laws, 2021, ch. 376, HB 955,§ 10, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 3 - ABANDONED MANUFACTURED OR MOBILE HOMES (§§ 63-21-201 — 63-21-223) › Section 63-21-221 - Submission to Department of Revenue

The purchaser shall submit a copy of the Bill of Sale and the Final Order to the Department of Revenue along with such forms as may be prescribed by it for the issuance of a new title to the purchaser.
Added by Laws, 2021, ch. 376, HB 955,§ 11, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 3 - ABANDONED MANUFACTURED OR MOBILE HOMES (§§ 63-21-201 — 63-21-223) › Section 63-21-223 - Good faith defense of owner of real property to claims of wrongful sale of manufactured or mobile home and associated personal property

A community owner or landowner who believes in good faith that the manufactured or mobile home and associated personal property that was the subject of a proceeding to dispose of the same was in fact abandoned shall not be liable for any damages whatsoever to the owner or a lienholder or other interested person arising from the proceedings provided the owner served process by publication to all unknown persons having an interest in the manufactured or mobile home and associated personal property.
Added by Laws, 2021, ch. 367, HB 955,§ 12, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 4 - TRANSFER OF INTEREST IN MOTOR VEHICLE TO DESIGNATED BENEFICIARY ON DEATH OF OWNER (§§ 63-21-251 — 63-21-261) › Section 63-21-251 - Definitions

The following terms shall have the following meanings, unless the context clearly indicates otherwise:
(a)
"Beneficiary designation" means the designation by an owner of a motor vehicle of a beneficiary of the vehicle as provided by Section
63-21-261
.
(b)
"Designated beneficiary" means a person designated as a beneficiary of an owner's interest in a motor vehicle under Section
63-21-261
.
(c)
"Joint owner with right of survivorship" or "joint owner" means a person who owns a motor vehicle concurrently with one or more other persons with a right of survivorship.
(d)
"Motor vehicle" shall have the same meaning as the term as defined in Section
63-21-5(l)
.
Added by Laws, 2022, ch. 413, HB 1430,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 4 - TRANSFER OF INTEREST IN MOTOR VEHICLE TO DESIGNATED BENEFICIARY ON DEATH OF OWNER (§§ 63-21-251 — 63-21-261) › Section 63-21-253 - Transfer of owner's interest in motor vehicle on owner's death; designation of beneficiary

(1)
An owner of a motor vehicle may transfer the owner's interest in the motor vehicle to a sole beneficiary effective on the owner's death by designating a beneficiary as provided by Section
63-21-261
.
(2)
A beneficiary designation is:
(a)
Subject to Section
63-21-255
, revocable and may be changed at any time without the consent of the designated beneficiary as provided by Section
63-21-261
;
(b)
A nontestamentary instrument; and
(c)
Effective without:
(A)
Notice or delivery to or acceptance by the designated beneficiary during the owner's life; or
(B)
Consideration.
(3)
A will may not revoke or supersede a beneficiary designation, regardless of when the will is made.
(4)
A designated beneficiary may disclaim the designated beneficiary's interest in the motor vehicle as provided by applicable law.
Added by Laws, 2022, ch. 413, HB 1430,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 4 - TRANSFER OF INTEREST IN MOTOR VEHICLE TO DESIGNATED BENEFICIARY ON DEATH OF OWNER (§§ 63-21-251 — 63-21-261) › Section 63-21-255 - Beneficiary designation by joint owners with right of survivorship

(1)
If a motor vehicle that is the subject of a beneficiary designation is owned by joint owners with right of survivorship, the beneficiary designation must be made by all of the joint owners.
(2)
A beneficiary designation made by joint owners with right of survivorship:
(a)
May be revoked or changed as provided by Section
63-21-261
, only if it is revoked or changed by all of the joint owners; and
(b)
May be revoked or changed by the last surviving joint owner as provided by Section
63-21-261
.
Added by Laws, 2022, ch. 413, HB 1430,§ 3, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 4 - TRANSFER OF INTEREST IN MOTOR VEHICLE TO DESIGNATED BENEFICIARY ON DEATH OF OWNER (§§ 63-21-251 — 63-21-261) › Section 63-21-257 - Effect of beneficiary designation during motor vehicle owner's life

During a motor vehicle owner's life, a beneficiary designation does not:
(a)
Affect an interest or right of the owner or owners making the designation, including the right to transfer or encumber the motor vehicle that is the subject of the designation;
(b)
Create a legal or equitable interest in favor of the designated beneficiary in the motor vehicle that is the subject of the designation, even if the beneficiary has actual or constructive notice of the designation;
(c)
Affect an interest or right of a secured or unsecured creditor or future creditor of the owner or owners making the designation, even if the creditor has actual or constructive notice of the designation; or
(d)
Affect an owner's or the designated beneficiary's eligibility for any form of public assistance, subject to applicable federal law.
Added by Laws, 2022, ch. 413, HB 1430,§ 4, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 4 - TRANSFER OF INTEREST IN MOTOR VEHICLE TO DESIGNATED BENEFICIARY ON DEATH OF OWNER (§§ 63-21-251 — 63-21-261) › Section 63-21-259 - Effect of death of motor vehicle owner on interest in vehicle

(1)
On the death of the owner of a motor vehicle that is the subject of a beneficiary designation, the following rules apply to an interest in the motor vehicle:
(a)
If the designated beneficiary survives the owner making the designation by one hundred twenty (120) hours, the interest in the motor vehicle is transferred to the designated beneficiary; and
(b)
If the designated beneficiary fails to survive the owner making the designation by one hundred twenty (120) hours, the share of the designated beneficiary lapses and is subject to and passes as if the beneficiary designation were a devise made in a will.
(2)
If an owner is a joint owner with right of survivorship who is survived by one or more other joint owners, the motor vehicle that is the subject of the beneficiary designation belongs to the surviving joint owner or owners. If an owner is a joint owner with right of survivorship who is the last surviving joint owner, the beneficiary designation is effective.
(3)
A designated beneficiary takes the motor vehicle subject to all encumbrances, assignments, contracts, liens and other interests to which the vehicle is subject at the owner's or last surviving owner's death, as applicable. The transfer to the designated beneficiary does not affect the ability of a lienholder to pursue an existing means of debt collection permitted under the laws of this state.
(4)
The transfer to the designated beneficiary upon death is not a taxable event, regardless of the designated beneficiary's relationship to the deceased owner of the motor vehicle.
Added by Laws, 2022, ch. 413, HB 1430,§ 5, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 21 - MOTOR VEHICLE TITLES (§§ 63-21-1 — 63-21-261) › Article 4 - TRANSFER OF INTEREST IN MOTOR VEHICLE TO DESIGNATED BENEFICIARY ON DEATH OF OWNER (§§ 63-21-251 — 63-21-261) › Section 63-21-261 - Designation of beneficiary; procedure; requirements

(1)
The owner of a motor vehicle may designate a sole beneficiary to whom the owner's interest in the vehicle transfers on the owner's death as provided by this article, by submitting an application for title with the designation. To be effective, the designation must state that the transfer of an interest in the vehicle to the designated beneficiary is to occur at the transferor's death.
(2)
The legal name of a beneficiary designated under this section must be included on the title.
(3)
The department shall transfer title of a motor vehicle to a beneficiary designated under this section for the vehicle if the beneficiary submits:
(a)
An application for title not later than the 180th day after the date of the owner's death or, if the vehicle is owned by joint owners, the last surviving owner's death, as applicable; and
(b)
Satisfactory proof of the death of the owner or owners, as applicable.
(4)
A beneficiary designation may be changed or revoked by submitting a new application for title.
(5)
A beneficiary designation or a change or revocation of a beneficiary designation made on an application for title of a motor vehicle that has not been submitted to the department before the death of a vehicle's owner or owners who made, changed, or revoked the designation, as applicable, is invalid.
(6)
The Department of Revenue may adopt rules to administer this section.
Added by Laws, 2022, ch. 413, HB 1430,§ 6, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 23 - ABANDONED MOTOR VEHICLES (§§ 63-23-1 — 63-23-11) › Section 63-23-1 - Purpose of chapter

The intent of this chapter is to provide a means for removing abandoned motor vehicles from the right-of-way and open lands of the state to enhance the beauty of the countryside and the health and welfare of its citizens. It is also to provide a means of relieving automobile dealers, repairmen, and others dealing in motor vehicles from unnecessary storage of deteriorated cars which prevent the use of such floorspace or property for storage for hire or use in their business, and is therefore in the public interest.
Codes, 1942, § 8125-104; Laws, 1970, ch. 481, § 4, eff. 6/5/1970.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 23 - ABANDONED MOTOR VEHICLES (§§ 63-23-1 — 63-23-11) › Section 63-23-3 - "Abandoned motor vehicle" defined

For the purposes of this chapter, an "abandoned motor vehicle" shall mean a motor vehicle as defined by the Mississippi Motor Vehicle Title Law:
(a)
which has been left by the owner, or some person acting for the owner, with an automobile dealer, repairman or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of forty (40) days after the time agreed upon or within forty (40) days after such vehicle is turned over to such dealer, repairman or wrecker service when no time is agreed upon.
(b)
which is left unattended on a public street, road or highway or other public property for a period of at least five (5) days.
(c)
which has been lawfully towed onto the property of another at the written request of a law enforcement officer and left there for a period of not less than forty (40) days without any one having made claim thereto.
Codes, 1942, § 8125-101; Laws, 1970, ch. 481, § 1; Laws, 1974, ch. 448, § 1, eff. 3/26/1974.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 23 - ABANDONED MOTOR VEHICLES (§§ 63-23-1 — 63-23-11) › Section 63-23-5 - Sale or disposal of vehicle generally; notification of lienholders; report of sale; disposition of proceeds of sale

(1)
Any automobile dealer, wrecker service, or repair service owner, or any person or party on whose property a motor vehicle is lawfully towed at the written request of a law enforcement officer, who shall have an abandoned motor vehicle on his property, may sell, free and clear of all claims such motor vehicle by public auction, or if the abandoned motor vehicle has no market value, may dispose of the same after having received at least two (2) written statements from licensed automobile dealers as to the worthlessness of such motor vehicle and after compliance with subsection (2) of this section and Section
63-23-9
. An abandoned motor vehicle as defined by Section
63-23-3(b)
shall not be sold at auction until thirty (30) days from date of removal from a public street, road or highway.
(2)
The person authorized to execute the sale or disposal of an abandoned motor vehicle shall notify, within ten (10) days of receipt of such vehicle, any Mississippi lienholder on such vehicle that unless a claim on the vehicle is made within thirty (30) days of such notice, the vehicle will be sold or destroyed.
(3)
After the sale of any vehicle as set out hereinabove is made, the person or officer designated and making the sale of such property shall promptly upon completion of the sale deliver to the chancery clerk a list or itemization of the property sold, the amount paid for each item, the person to whom each item was sold, and all moneys received from such sale, the gross charges levied by the person making the sale against the property sold and the net amount paid over to the chancery clerk. Any sale made by any person, officer, corporation or association, shall have attached to the report of sale a sworn statement certifying as to the date such personal property or items sold first came into his possession or was abandoned on his premises and the date said personal property or item was sold.
(4)
The proceeds of the sale in excess of repair, towing and storage expenses and all expenses incurred in connection with a sale when a sale is made under the provisions of this chapter, shall escheat to the county and shall be paid over to the chancery clerk to be placed into the general fund of the county in which the vehicle is abandoned. However, in those municipalities availing themselves of the provisions of Section
21-39-21
, the proceeds of the sale in excess of the repairs, towing, storage or other necessary expenses incurred shall escheat to the general fund of the municipality.
Codes, 1942, §§ 8125-102, 8125-103; Laws, 1970, ch. 481, §§ 2, 3; Laws, 1974, ch. 448, § 2; Laws, 1990, ch. 410, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 23 - ABANDONED MOTOR VEHICLES (§§ 63-23-1 — 63-23-11) › Section 63-23-7 - Determination of status of vehicle under title law prior to disposition of vehicle

Prior to disposition of an abandoned motor vehicle any automobile dealer, wrecker service or repair service owner, or any person on whose property such a vehicle is lawfully towed at the written request of a law enforcement officer, shall inquire of the State Tax Commission as to status of the vehicle in regard to the Mississippi Motor Vehicle Title Law. Said inquiry shall provide the description of the vehicle including the vehicle identification number. Upon request of the State Tax Commission, satisfactory evidence must be furnished as to abandonment in compliance with this chapter. Upon receipt of notification of the foregoing, the State Tax Commission shall advise any automobile dealer, wrecker service or repair service owner, or any person on whose property such a vehicle is lawfully towed at the written request of a law enforcement officer, of proper titling procedures, where indicated, depending upon method of disposition of the vehicle.
Codes, 1942, § 8125-102; Laws, 1970, ch. 481, § 2, eff. 6/5/1970; Laws, 2001, ch. 596, § 70, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 23 - ABANDONED MOTOR VEHICLES (§§ 63-23-1 — 63-23-11) › Section 63-23-9 - Notification of registered owner and lienholders of record prior to disposition of vehicle

The last-known registered owner of an abandoned motor vehicle and all lienholders of record, when such information is reasonably obtainable, shall be notified by registered or certified mail that such vehicle will be sold pursuant to the provisions of this chapter. Said notice shall give such owner and lienholders the date, time and place of sale and name of the person or party who has custody of such vehicle.
If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by three publications once each week for three consecutive weeks in a newspaper of general circulation in the county where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this chapter.
Codes, 1942, § 8125-102; Laws, 1970, ch. 481, § 2, eff. 6/5/1970.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 23 - ABANDONED MOTOR VEHICLES (§§ 63-23-1 — 63-23-11) › Section 63-23-11 - Claim of vehicle prior to sale

Any person proving ownership or any lienholder may claim subject motor vehicle at any time prior to sale by paying towing, repair, storage and other necessary expenses incurred.
Codes, 1942, § 8125-102; Laws, 1970, ch. 481, § 2, eff. 6/5/1970.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 25 - MOTOR VEHICLE CHOP SHOP, STOLEN AND ALTERED PROPERTY ACT (§§ 63-25-1 — 63-25-13) › Section 63-25-1 - Short title

Sections
63-25-1
through
63-25-11
shall be known and may be cited as the "Motor Vehicle Chop Shop, Stolen and Altered Property Act."
Laws, 1989, ch. 469, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 25 - MOTOR VEHICLE CHOP SHOP, STOLEN AND ALTERED PROPERTY ACT (§§ 63-25-1 — 63-25-13) › Section 63-25-3 - Definitions

As used in Sections
63-25-1
through
63-25-11
, the following terms shall have the meaning ascribed to them herein:
(a)
"Chop shop" means any building, lot or other premise where one or more persons are or have been knowingly engaged in altering, destroying, disassembling, dismantling, reassembling or knowingly storing any motor vehicle or motor vehicle part known to be illegally obtained by theft, fraud or conspiracy to defraud, in order to either:
(i)
Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate or remove the identity, including the vehicle identification number of such motor vehicle or motor vehicle part in order to misrepresent the identity of such motor vehicle or motor vehicle part, or to prevent the identification of such motor vehicle or motor vehicle part; or
(ii)
Sell or dispose of such motor vehicle or motor vehicle part.
(b)
"Motor vehicle" includes every device in, upon or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled or which may be connected to and towed by a self-propelled device, and shall also include any and all other land-based devices which are self-propelled but which are not designed for use upon a highway, including, but not limited to, farm machinery, construction equipment, all-terrain vehicles and off-road vehicles.
(c)
"Person" includes a natural person, company, corporation, unincorporated association, partnership, professional corporation and any other legal entity.
(d)
"Unidentifiable" means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques, or by expert employees of not-for-profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques.
(e)
"Vehicle identification number" means a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer for the purpose of uniquely identifying a motor vehicle or a motor vehicle part.
Laws, 1989, ch. 469, § 2, eff. 7/1/1989.
Amended by Laws, 2016, ch. 382, HB 522, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 25 - MOTOR VEHICLE CHOP SHOP, STOLEN AND ALTERED PROPERTY ACT (§§ 63-25-1 — 63-25-13) › Section 63-25-7 - Seizure of property

(1)
Any motor vehicle or motor vehicle part with vehicle identification numbers or marks which have been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated or removed may be seized and detained by law enforcement officials for a determination of the true identity of such property. Any such property seized by law enforcement officials, when ownership cannot be determined, shall be contraband and subject to forfeiture.
(2)
Any tool, implement or instrumentality used or possessed in connection with any violation of Section
63-25-5
, may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.
(3)
Seizure of property described in subsections (1) or (2) of this section may be made by a member of a state or local law enforcement agency without process:
(a)
If in accordance with any applicable law or regulation;
(b)
If the seizure is incident to inspection under an administrative inspection;
(c)
If the seizure is incident to search made under a search warrant;
(d)
If the seizure is incident to a lawful arrest;
(e)
If the seizure is made pursuant to a valid consent to search;
(f)
If the property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding, or in an injunction or forfeiture proceeding pursuant to Sections
63-25-1
through
63-25-11
;
(g)
If there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety; or
(h)
If the property is a motor vehicle or motor vehicle part seized pursuant to subsection (1) of this section.
(4)
When property is seized pursuant to this section, the seizing agency may remove the property to a place selected and designated by the seizing agency.
(5)
No civil liability shall be attached to any law enforcement officer acting in good faith in regard to the seizure and forfeiture of motor vehicles, motor vehicle parts, tools, implements or instrumentalities pursuant to Sections
63-25-1
through
63-25-11
.
Laws, 1989, ch. 469, § 4, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 25 - MOTOR VEHICLE CHOP SHOP, STOLEN AND ALTERED PROPERTY ACT (§§ 63-25-1 — 63-25-13) › Section 63-25-13 - Scrap processors to maintain records identifying owners and vehicle identification numbers; law enforcement agencies authorized to inspect records and vehicles; penalties

Repealed by Laws, 2011, ch. 451, § 4, eff. 7/1/2011.
Laws, 2000, ch. 495, § 2, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 27 - DISCLOSURE OF USE OF NONORIGINAL REPLACEMENT PARTS (§§ 63-27-1 — 63-27-7) › Section 63-27-1 - Definitions

As used in this chapter, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a)
"Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
(b)
"Installer" means an individual who performs the work of replacing or repairing parts of a motor vehicle.
(c)
"Insurer" includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority.
(d)
"Nonoriginal equipment manufacturer aftermarket crash part" means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his supplier.
(e)
"Repair facility" means a motor vehicle dealer, garage, body shop or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.
Laws, 1990, ch 330, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 27 - DISCLOSURE OF USE OF NONORIGINAL REPLACEMENT PARTS (§§ 63-27-1 — 63-27-7) › Section 63-27-3 - Identification of manufacturer on part

Any nonoriginal equipment manufacturer aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1991, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer's logo, identification number or name shall be visible after installation whenever practicable.
Laws, 1990, ch. 330, § 2, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 27 - DISCLOSURE OF USE OF NONORIGINAL REPLACEMENT PARTS (§§ 63-27-1 — 63-27-7) › Section 63-27-5 - Disclosure of use of nonoriginal replacement parts in repair estimate

In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer and repair facility shall clearly identify each such part. A disclosure document attached to the estimate shall contain the following information in no smaller than ten-point type:
THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.
Laws, 1990, ch. 330, § 3, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 27 - DISCLOSURE OF USE OF NONORIGINAL REPLACEMENT PARTS (§§ 63-27-1 — 63-27-7) › Section 63-27-7 - Construction of chapter

The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
Laws, 1990, ch. 330, § 4, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 29 - MISSISSIPPI VEHICLE PROTECTION PRODUCT ACT (§§ 63-29-1 — 63-29-29) › Section 63-29-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Vehicle Protection Product Act."
Laws, 2007, ch. 486, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 29 - MISSISSIPPI VEHICLE PROTECTION PRODUCT ACT (§§ 63-29-1 — 63-29-29) › Section 63-29-3 - Definitions

As used in this section:
(a)
"Administrator" means a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties.
(b)
"Motor Vehicle Commission" means the Mississippi Motor Vehicle Commission.
(c)
"Incidental costs" means expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees and mechanical inspection fees.
(d)
(i)
"Vehicle protection product" means a vehicle protection device, system or service that:
1.
Is installed on or applied to a vehicle;
2.
Is designed to prevent loss or damage to a vehicle from a specific cause; and
3.
Includes a written warranty.
(ii)
Any product offered without a warranty shall not be considered a vehicle protection product and shall not be covered by the provisions of this chapter.
(e)
The term "vehicle protection device, system or service" shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches and electronic, radio and satellite tracking devices.
(f)
"Vehicle protection product warranty" or "warranty" means a written agreement by a warrantor that provides that if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, then the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty.
(g)
"Vehicle protection product warrantor" or "warrantor" means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. "Warrantor" does not include an authorized insurer.
(h)
"Warranty holder" means the person who purchases a vehicle protection product or who is a permitted transferee.
(i)
"Warranty reimbursement insurance policy" means a policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.
Laws, 2007, ch. 486, § 2, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 29 - MISSISSIPPI VEHICLE PROTECTION PRODUCT ACT (§§ 63-29-1 — 63-29-29) › Section 63-29-5 - Scope; exemptions

(1)
No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor and administrator, if any, comply with the provisions of this chapter.
(2)
A vehicle protection product warranty provided or sold in compliance with this chapter is not a contract of insurance.
(3)
Warranties, indemnity agreements and guarantees that are not provided as a part of a vehicle protection product are not subject to the provisions of this chapter.
Laws, 2007, ch. 486, § 3, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 29 - MISSISSIPPI VEHICLE PROTECTION PRODUCT ACT (§§ 63-29-1 — 63-29-29) › Section 63-29-7 - Registration and filing requirements of warrantors; fees; renewal of registration

(1)
A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the Motor Vehicle Commission on a form prescribed by the Motor Vehicle Commission.
(2)
Warrantor registration records shall be filed annually and shall be updated by the warrantor within thirty (30) days of any change. The registration records shall contain the following information:
(a)
The warrantor's name, any other names under which the warrantor does business in the state, principal office address and telephone number;
(b)
The names of the warrantor's executive officer or officers directly responsible for the warrantor's vehicle protection product business;
(c)
The name, address and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state;
(d)
A copy of the warranty reimbursement insurance policy or policies or other financial information required by Section
63-29-11
below;
(e)
A copy of each warranty the warrantor proposes to use in this state; and
(f)
A statement indicating under which provision of Section
63-29-9
that the warrantor qualifies to do business in this state as a warrantor.
(3)
The Motor Vehicle Commission may charge each registrant a reasonable fee to offset the cost of processing the registration and maintaining the records. Such fee shall be set by the Motor Vehicle Commission in an amount not to exceed the amount necessary to defray the Motor Vehicle Commission's expenses in administering this chapter.
(4)
If a registrant fails to register by the renewal deadline, the Motor Vehicle Commission shall give the registrant written notice of the failure and the registrant will have thirty (30) days to complete the renewal of the registration before the registration is revoked. Revocation for failure to renew a registration does not require any additional notice or a hearing.
(5)
An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products.
Laws, 2007, ch. 486, § 4, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 29 - MISSISSIPPI VEHICLE PROTECTION PRODUCT ACT (§§ 63-29-1 — 63-29-29) › Section 63-29-9 - Warrantor required to prove financial solvency or be insured under warranty insurance policy meeting certain conditions

(1)
No vehicle protection product shall be sold or offered for sale in this state unless the vehicle protection product warrantor can prove financial solvency as provided under subsection (2) of this section or is insured under a warranty insurance policy meeting the following conditions in order to ensure adequate performance under the warranty:
(a)
The warranty reimbursement insurance policy is issued by an insurer authorized to do business in this state and provides that the insurer will pay to, or on behalf of, the warrantor one hundred percent (100%) of all sums that the warrantor is legally obligated to pay according to the warrantor's contractual obligations under the warrantor's vehicle protection product warranty;
(b)
A true and correct copy of the warranty reimbursement insurance policy has been filed with the Motor Vehicle Commission by the warrantor; and
(c)
The policy contains the provisions required by Section
63-29-11
.
(2)
As an alternative to warranty reimbursement insurance under subsection (1) of this section, the vehicle's protection warrantor or its parent company must:
(a)
Maintain a net worth of stockholders' equity of Fifty Million Dollars ($50,000,000.00); and
(b)
Provide the Motor Vehicle Commission with a copy of the warrantor's or the warrantor's parent company's most recent Form 10-K or Form 20-F filed with the Securities Exchange Commission within the last calendar year or, if the warrantor does not file with the Securities Exchange Commission, a copy of the warrantor's or the warrantor's parent company's audited financial statements that shows a net worth of the warrantor or its parent company of at least Fifty Million Dollars ($50,000,000.00). If the warrantor's parent company's Form 10-K, Form 20-F or audited financial statements are filed to meet the warrantor's financial stability requirement, then the parent company shall agree to guarantee the obligations of the warrantor relating to the warranties issued by the warrantor in this state. The audited financial statements filed pursuant to this subsection shall be exempt from public disclosure under the Mississippi Public Records Act of 1983.
Laws, 2007, ch. 486, § 5, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 63 - MOTOR VEHICLES AND TRAFFIC REGULATIONS (§§ 63-1-1 — 63-NEW01-NEW-014) › Chapter 29 - MISSISSIPPI VEHICLE PROTECTION PRODUCT ACT (§§ 63-29-1 — 63-29-29) › Section 63-29-11 - Warranty reimbursement insurance policy requirements

No warranty reimbursement insurance policy shall be issued, sold or offered for sale in this state unless the policy meets the following conditions:
(a)
The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the warrantor is legally obligated to pay, or will provide all service that the warrantor is legally obligated to perform according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor;
(b)
The policy states that in the event that payment due under the terms of the warranty is not provided by the warrantor within sixty (60) days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement;
(c)
The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium if the warranty holder paid for the vehicle protection product and the insurer's liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer; and
(d)
The policy has the following provisions regarding cancellation of the policy:
(i)
The issuer of a reimbursement insurance policy shall not cancel such policy until a notice of cancellation in writing has been mailed or delivered to the Motor Vehicle Commission and each insured warrantor;
(ii)
The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle protection products sold prior to the date of cancellation; and
(iii)
In the event an insurer cancels a policy that a warrantor has filed with the Motor Vehicle Commission, the warrantor shall do either of the following:
1.
File a copy of a new policy with the Motor Vehicle Commission, before the termination of the prior policy, provided that there is no lapse in coverage following the termination of the prior policy; or
2.
Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and is accepted by the Motor Vehicle Commission.
Laws, 2007, ch. 486, § 6, eff. 7/1/2007.