LEGISLATIVE ALERT

To:  Manufacturers, Distributors, and Mississippi Installers

From:  Lynwood Butner, Legislative Consultant

Date: July 1, 2005

Subject:  Mississippi Legislation (House Bill 734)

IMPORTANT UPDATE:

            IN CONVERSATIONS ON JUNE 29, 2005 WITH LEGISLATIVE REPRESEN-          TATIVES, THERE HAVE BEEN SOME CLARIFICATIONS TO THE STATUTORY PROVISIONS OF HOUSE BILL 734.  THIS INFORMATION IS CONSISTENT WITH           THE ORIGINAL INTERPRETATION OF THE LAW BY MANY OF OUR MEMBERS         AND THE IWFA.  THE MAJOR PROVISIONS ARE AS FOLLOWS:

THE LAW WILL TAKE EFFECT ON JULY 1, 2005, BUT WILL NOT REQUIRE                 ANY INSPECTIONS UNTIL THE DATE THAT THE NORMAL VEHICLE          INSPECTION OCCURS.  THIS MEANS THAT ONLY THOSE VEHICLES            SCHEDULED FOR THE ANNUAL INSPECTION IN JULY OF 2005 WILL BE            REQUIRED TO HAVE THEIR VEHICLES IN COMPLIANCE WITH THE NEW       PROVISIONS OF LAW AS OF JULY 31, 2005.   IF A CUSTOMER’S CAR IS NOT              DUE FOR INSPECTION UNTIL LATER IN THE YEAR, IT IS NOT NECESSARY               TO HAVE THE CAR INSPECTED ON JULY 1, 2005.

NO ENFORCEMENT WILL OCCUR UNTIL JULY 1, 2006.  THIS WILL PROVIDE        TIME TO HAVE ALL VEHICLES GO THROUGH THE INSPECTION PROCESS AND ACHIEVE THE STATUTORY PROVISIONS PROVIDED FOR IN THE LAW.

THIS WILL ALSO PROVIDE TIME FOR THE LEGISLATIVE PROCESS TO CON-               SIDER ISSUES SUCH AS TOLERANCES THAT CAN BE ADDRESSED DURING               THE 2006 LEGISLATIVE SESSION. 

THIS IS A MAJOR VARIATION OF RECENT LEGISLATIVE ALERTS, WHICH          WERE PREPARED IN COOPERATION WITH THE STATE HIGHWAY PATROL.           SO, THERE STILL MAY BE SOME CONFUSION IN THE EARLY STAGES OF IMPLEMENTATION.   IT IS IMPORTANT THAT ANY ISSUES ARISING THAT                DO NOT CONFORM TO THIS INFORMATION BE SENT TO THE  IWFA TO BE                SHARED WITH THE MEMBERS OF THE LEGISLATURE AND HIGHWAY                PATROL TO ACHIEVE CONSISTENCE OF APPLICATION FOR THE NEW LAW.