MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Transportation

By: Representative Robertson

House Bill 436

AN ACT TO AMEND SECTION 63-13-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR PERSONS WHO MAKE, ISSUE, USE OR DISPLAY A FALSE MOTOR VEHICLE CERTIFICATE OF INSPECTION OR WHO DISPLAY OR ISSUE A MOTOR VEHICLE CERTIFICATE OF INSPECTION WITHOUT A PROPER INSPECTION HAVING BEEN MADE; TO AMEND SECTION 63-13-15, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO CAUSE INSPECTIONS OF MOTOR VEHICLE INSPECTION STATIONS AT LEAST TWICE ANNUALLY; TO AMEND SECTION 63-13-29, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-13-13, Mississippi Code of 1972, is amended as follows:

63-13-13. (1) No person shall make, issue or knowingly use any imitation or counterfeit of an official certificate of inspection.

(2) No person shall issue, display or cause or permit to be displayed upon any vehicle any certificate of inspection and approval knowing the same to be fictitious or issued for another vehicle or issued without proper inspection having been made.

(3) Any person who violates the provisions of this section, upon conviction, shall be guilty of a felony and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or sentenced to the custody of the Department of Corrections for one (1) year, or both.

SECTION 2. Section 63-13-15, Mississippi Code of 1972, is amended as follows:

63-13-15. (1) The Commissioner of Public Safety shall annually issue permits for and furnish instructions and all necessary forms to official inspection stations for the inspection of vehicles as required by this chapter in the issuance of official certificates of inspection and approval.

(2) Application for permit shall be made on an official form and shall be granted only when the Commissioner of Public Safety is satisfied that the station is properly equipped and has competent personnel to make such inspections and that such inspections will be properly conducted. A fee of Ten Dollars ($10.00) shall be charged any person or facility seeking a permit as an official inspection station, or a renewal thereof, for the purpose of defraying the cost of administering the processing of the application.

(3) The person making the actual inspection for the station or under whose immediate personal supervision such inspection is made shall have not less than one (1) year's practical experience as an automotive mechanic. No person shall be designated by such station to make such inspections for it unless the person has been approved for that purpose by the Department of Public Safety.

(4) The Commissioner of Public Safety shall properly supervise and cause inspections to be made of such stations at least twice annually and may, after reasonable notice, suspend or revoke and require the surrender of the permit issued to a station which he finds is not properly equipped or conducted. The Commissioner of Public Safety shall maintain and post at the Office of the Department of Public Safety lists of all stations holding permits and of those whose permits have been suspended or revoked.

SECTION 3. Section 63-13-29, Mississippi Code of 1972, is amended as follows:

63-13-29. Except as otherwise provided in Section 63-13-13, any person violating the provisions of this chapter shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine of not more than One Hundred Fifty Dollars ($150.00), or sentenced to not more than six (6) months in the county jail, or both.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.