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S. B. No. 2391 *SS36/R264* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Taylor, Berry, Rhodes,
Whaley, Younger
SENATE BILL NO. 2391
AN ACT TO INCLUDE THE PUBLIC PURCHASE OF A FIRETRUCK WITHIN 1
THE COVERAGE AFFORDED BY THE MOTOR VEHICLE WARRANTY ENFORCEMENT 2
ACT; TO AMEND SECTION 63-17-153, MISSISSIPPI CODE OF 1972, TO 3
STATE LEGISLATIVE FINDINGS; TO AMEND SECTION 63-17-155, 4
MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "CONSUMER" 5
AND "MOTOR VEHICLE"; TO DEFINE THE TERM "PUBLIC VEHICLE" TO MEAN 6
FIRETRUCKS; TO DEFINE THE TERM "PUBLIC CONSUMER" TO MEAN A PUBLIC 7
FIRE DEPARTMENT OR VOLUNTEER FIRE DEPARTMENT THAT IS A CHARTERED 8
NONPROFIT CORPORATION PROVIDING EMERGENCY SERVICES UNDER CONTRACT 9
WITH A COUNTY OR MUNICIPALITY OR THE GOVERNMENTAL ENTITY THAT OWNS 10
PUBLIC VEHICLES ON BEHALF OF THE PUBLIC CONSUMER; AND FOR RELATED 11
PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 63-17-153, Mississippi Code of 1972, is 14
amended as follows: 15
63-17-153. (1) (a) The Legislature recognizes that a motor 16
vehicle is a major consumer purchase and that a defective motor 17
vehicle creates a hardship for the consumer. 18
(b) The Legislature further recognizes that a public 19
vehicle is a major public consumer purchase and that a defective 20
public vehicle creates a hardship for a public consumer and the 21
public at large who are served by that public consumer. 22
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(c) The Legislature further recognizes that a duly 23
franchised motor vehicle dealer is an agent of the manufacturer. 24
(2) It is the intent of the Legislature that a good faith 25
motor vehicle warranty complaint by a consumer should be resolved 26
by the manufacturer, or its agent, within a specified period of 27
time. It is further the intent of the Legislature to provide the 28
statutory procedures whereby a consumer may receive a replacement 29
motor vehicle, or a full refund, for a motor vehicle which cannot 30
be brought into conformity with the express warranty issued by the 31
manufacturer. 32
(3) However, nothing in Section 63-17-151 et seq. shall in 33
any way limit the rights or remedies which are otherwise available 34
to a consumer under any other law. 35
SECTION 2. Section 63-17-155, Mississippi Code of 1972, is 36
amended as follows: 37
63-17-155. As used in Sections 63-17-151 through 63-17-165, 38
the following terms shall have the following meanings: 39
(a) "Collateral charges" means those additional charges 40
to a consumer which are not directly attributable to the 41
manufacturer's suggested retail price label for the motor vehicle. 42
Collateral charges shall include, but not be limited to, dealer 43
preparation charges, undercoating charges, transportation charges, 44
towing charges, replacement car rental costs and title charges. 45
(b) "Comparable motor vehicle" means an identical or 46
reasonably equivalent motor vehicle. 47
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(c) "Consumer" means the purchaser, other than for 48
purposes of resale, of a motor vehicle, primarily used for 49
personal, family, or household purposes, and any person to whom 50
such motor vehicle is transferred for the same purposes during the 51
duration of an express warranty applicable to such motor vehicle, 52
and any other person entitled by the terms of such warranty to 53
enforce the obligations of the warranty. The term "consumer" 54
includes a public consumer. 55
(d) "Express warranty" means any written affirmation of 56
fact or promise made in connection with the sale of a motor 57
vehicle by a supplier to a consumer which relates to the nature of 58
the material or workmanship and affirms or promises that such 59
material or workmanship is defect-free or will meet a specified 60
level of performance over a specified period of time. For the 61
purposes of Section 63-17-151 et seq., express warranties do not 62
include implied warranties. 63
(e) "Manufacturer" means a manufacturer or distributor 64
as defined in Section 63-17-55. 65
(f) "Motor vehicle" means a vehicle propelled by power 66
other than muscular power which is sold in this state, is operated 67
over the public streets and highways of this state and is used as 68
a means of transporting persons or property, but shall not include 69
vehicles run only upon tracks, off-road vehicles, motorcycles, 70
mopeds, electric bicycles, personal delivery devices, electric 71
personal assistive mobility devices as defined in Section 72
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ST: Motor Vehicle Warranty Enforcement Act;
amend to include coverage for the public
purchase of firetrucks.
63-3-103, or golf carts or low-speed vehicles as defined in 73
Section 63-32-1, or parts and components of a motor home which 74
were added on and/or assembled by the manufacturer of the motor 75
home. "Motor vehicle" shall include demonstrators or 76
lease-purchase vehicles as long as a manufacturer's warranty was 77
issued as a condition of sale. The term "motor vehicle" includes 78
a public vehicle. 79
(g) "Public consumer" means a public fire department or 80
volunteer fire department that is a chartered nonprofit 81
corporation providing emergency services under contract with a 82
county or municipality or the governmental entity that owns public 83
vehicles on behalf of the public consumer. 84
(h) "Public vehicle" means, exclusively, a motor 85
vehicle designed, equipped, and operated primarily for fire 86
suppression, fire prevention and rescue. 87
( * * *i) "Purchase price" means the price which the 88
consumer paid to the manufacturer to purchase the motor vehicle in 89
a cash sale or, if the motor vehicle is purchased in a retail 90
installment transaction, the cash sale price as defined in Section 91
63-19-3. 92
SECTION 3. This act shall take effect and be in force from 93
and after July 1, 2026. 94