Bill Text: MS HB1040 | 2015 | Regular Session | Introduced
Bill Title: Commercial motor vehicles; reenact repealed sections relating to unlawful operation of registrations of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB1040 Detail]
Download: Mississippi-2015-HB1040-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Ways and Means
By: Representative Smith (39th)
House Bill 1040
AN ACT TO REENACT AND AMEND SECTIONS 27-19-60, 27-19-65 AND 27-19-90, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE DEPARTMENT OF REVENUE WITH AUTHORITY TO DENY OR REVOKE THE LICENSE OF CERTAIN PERSONS TO OPERATE COMMERCIAL MOTOR VEHICLES, WHICH WERE REPEALED BY OPERATION OF LAW ON JULY 1, 2014; TO PROVIDE THAT SUCH REENACTED SECTIONS SHALL STAND REPEALED ON JULY 1, 2016; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-19-60, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2014, is reenacted and amended as follows:
27-19-60. (1) The commission may deny registration and licensing for commercial motor vehicles operated by any person who has been prohibited from operating by a federal or state agency responsible for motor carrier safety.
(2) Persons registering commercial motor vehicles shall provide the following information at the time of registration or renewal:
(a) Evidence indicating who is responsible for the safety fitness of the fleet or motor vehicle being registered;
(b) An updated Motor Carrier Identification Report, Form MCS-150, or updated safety certification as required;
(c) The United States Department of Transportation Number (USDOT#) of the motor carrier and of the fleet or vehicle owner, if different from the motor carrier; and
(d) The Taxpayer Identification Number (TIN) of the motor carrier and of the owner of the fleet or vehicle being registered.
(3) The commission may deny registration and licensing for commercial motor vehicles operated by any person who fails to provide the information required by this section or by the provisions of the International Registration Plan (IRP).
(4) The commission may revoke or suspend the registration of any commercial motor vehicle operated by any person who has been prohibited from operating by a federal or state agency responsible for motor carrier safety.
(5) The commission, the Department of Public Safety or the Department of Transportation may remove the license plates from any commercial motor vehicle operated by any person who has been prohibited from operating by a federal or state agency responsible for motor carrier safety. Nothing in Chapter 509, Laws of 2009, shall pertain to any commercial vehicle that operates under a harvest permit.
(6) This section shall be
repealed from and after July 1, * * * 2016.
SECTION 2. Section 27-19-65, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2014, is reenacted and amended as follows:
[Through June
30, * * * 2016,
this section shall read as follows:]
27-19-65. (1) All applications for privilege licenses required under the provisions of this article shall be made in writing, and any person who shall willfully and knowingly make any false statement or representation in the application shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the county jail, or by both, in the discretion of the court.
(2) Any person who shall willfully and knowingly make any false statement or representation on the registration application for a commercial motor vehicle in order to circumvent the federal prohibition from operating in interstate commerce or the laws of the State of Mississippi, or who shall attempt to register a commercial motor vehicle on behalf of another person in order to circumvent the federal prohibition from operating in interstate commerce or the laws of the State of Mississippi, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, for a first offense, or by a fine of Two Thousand Dollars ($2,000.00), or by imprisonment in the county jail of not less than six (6) months nor more than one (1) year, for any subsequent offense.
[From and after July
1, * * * 2016,
this section shall read as follows:]
27-19-65. All applications for privilege licenses required under the provisions of this article shall be made in writing, and any person who shall willfully and knowingly make any false statement or representation in such application shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than the sum of One Hundred Dollars ($100.00) or by imprisonment in the county jail, or by both such fine and imprisonment, in the discretion of the court.
SECTION 3. Section 27-19-90, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2014, is reenacted and amended as follows:
27-19-90. (1) Any person who willfully and knowingly alters, forges or counterfeits any license plate, decal, permit or other document required for a commercial motor vehicle under the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of One Thousand Five Hundred Dollars ($1,500.00) or by imprisonment in the county jail for a period of six (6) months, or both, and for any subsequent offense be subject to a fine of Two Thousand Five Hundred Dollars ($2,500.00) or imprisonment in the county jail for a period of more than six (6) months but not exceeding one (1) year, or both.
(2) This section shall be
repealed from and after July 1, * * * 2016.
SECTION 4. This act shall take effect and be in force from and after July 1, 2015.
