MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Transportation; Ways and Means

By: Representative Smith (39th)

House Bill 1355

AN ACT TO AMEND SECTION 27-19-60, MISSISSIPPI CODE OF 1972, TO REMOVE THE JULY 1, 2014 REPEAL DATE ON THE PROVISION OF LAW THAT AUTHORIZES THE DEPARTMENT OF REVENUE TO DENY REGISTRATION AND LICENSING OR REVOKE OR SUSPEND LICENSING OF COMMERCIAL MOTOR VEHICLES OPERATED BY CERTAIN PERSONS, AND THAT AUTHORIZES THE REMOVAL OF LICENSE PLATES FROM COMMERCIAL MOTOR VEHICLES OF PERSONS WHO HAVE BEEN PROHIBITED FROM OPERATING BY A FEDERAL OR STATE AGENCY RESPONSIBLE FOR MOTOR CARRIER SAFETY; TO AMEND SECTION 27-19-65, MISSISSIPPI CODE OF 1972, TO REMOVE THE JULY 1, 2014, REVERTER ON THE PROVISION OF LAW THAT MAKES IT UNLAWFUL TO 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 TO 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; TO AMEND SECTION 27-19-90, MISSISSIPPI CODE OF 1972, TO REMOVE THE JULY 1, 2014, REPEAL DATE ON THE PROVISION OF LAW THAT PROVIDES CRIMINAL PENALTIES FOR ANY PERSON WHO WILLFULLY AND KNOWINGLY ALTERS, FORGES OR COUNTERFEITS ANY LICENSE PLATE, DECAL, PERMIT OR OTHER DOCUMENT REQUIRED FOR A COMMERCIAL MOTOR VEHICLE; 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, is amended as follows:

     27-19-60.  (1)  The * * *commission department 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 U.S. 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 department 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 department 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 department, 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, 2014.

     SECTION 2.  Section 27-19-65, Mississippi Code of 1972, is amended as follows:

 * * * [Through June 30, 2014, 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, 2014, 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, is 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, 2014.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2014.