MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Finance
By: Senator(s) Parker
AN ACT TO AMEND SECTIONS 27-19-56.13 AND 27-19-56.62, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DISTINCTIVE MOTOR VEHICLE LICENSE TAG AUTHORIZED TO BE ISSUED TO RECIPIENTS OF THE DISTINGUISHED FLYING CROSS, THE AIR MEDAL AND THE BRONZE STAR SHALL BE EXEMPT FROM ALL MOTOR VEHICLE REGISTRATION FEES AND PRIVILEGE TAXES; TO PROVIDE THAT THE SURVIVING SPOUSE OF A DECEASED PERSON WHO WAS ISSUED SUCH A LICENSE PLATE OR TAG SHALL BE ENTITLED TO APPLY FOR OR RETAIN SUCH A LICENSE PLATE OR TAG ISSUED UNDER THIS SECTION AND MAY CONTINUE ANNUALLY TO RENEW REGISTRATION FOR ONE SUCH MOTOR VEHICLE LICENSE PLATE OR TAG FOR AS LONG AS THE SPOUSE REMAINS UNREMARRIED; TO AMEND SECTION 27-51-41, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM AD VALOREM TAXATION CERTAIN MOTOR VEHICLES OWNED BY RECIPIENTS OF THE BRONZE STAR, DISTINGISHED FLYING CROSS OR THE AIR MEDAL OR THE UNREMARRIED SURVIVING SPOUSES OF SUCH RECIPIENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-19-56.13, Mississippi Code of 1972, is amended as follows:
27-19-56.13. (1) In
recognition of the patriotic service rendered by Mississippians who are
recipients of the Distinguished Flying Cross and the Air Medal, any such person
is privileged to obtain one (1) distinctive motor vehicle license plate or tag
identifying him as recipient of the Distinguished Flying Cross or the Air
Medal. The distinctive plates or tags shall be of a color and design
designated by the * * * Department of Revenue.
(2) The distinctive
license plates shall be prepared by the * * * Department of Revenue and
shall be issued through the tax collectors of the counties in the same manner
as are other motor vehicle license plates or tags. * * *
(3) An applicant for * * * the distinctive plates or tags
shall present to the issuing official * * * proof of ownership of the particular
motor vehicle for which a tag is requested and proof that the applicant is
a recipient of the Distinguished Flying Cross or the Air Medal. A
certificate from the State Veterans Affairs Board stating that the individual
is a recipient of the Distinguished Flying Cross or the Air Medal shall be
sufficient proof.
(4) The distinctive license plates or tags so issued shall be used only upon a personally or jointly owned private passenger vehicle (to include station wagons, recreational motor vehicles and pickup trucks) registered in the name, or jointly in the name, of the person making application therefor, and when issued to such person shall be used upon the vehicle for which issued in lieu of the standard license plate or license tag normally issued for such vehicle.
(5) Vehicles owned by a recipient of the Distinguished Flying Cross or the Air Medal, or the unremarried surviving spouse of any such person, for which a distinctive license tag or plate is issued under this section are exempt from all motor vehicle registration fees and privilege taxes.
(6) The distinctive
license plates shall not be transferable * * * to any other person; however,
the surviving spouse of a deceased person who was issued a license plate or tag
under this section shall be entitled to apply for or retain a license plate or
tag issued under this section and may continue annually to renew registration
for one (1) motor vehicle license plate or tag under this section for as long
as the spouse remains unremarried. At the time of application or
renewal registration, a surviving spouse who desires to retain the distinctive
plate or tag issued under this section shall file with the county tax collector
a sworn statement that the spouse is unremarried.
(7) Any person evading or violating any of the provisions of this section, or attempting to secure benefits under this section to which he is not entitled, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not less than six (6) months, or both.
SECTION 2. Section 27-19-56.62, Mississippi Code of 1972, is amended as follows:
27-19-56.62. (1) In
recognition of the patriotic services rendered by Mississippians who are
recipients of the Bronze Star, any such person, upon complying with the motor
vehicle laws relating to registration and licensing of * * * private carriers of passengers, pickup trucks and other
noncommercial motor vehicles * * * shall be
privileged to obtain one (1) distinctive motor vehicle license plate or tag * * * in
his or her county of residence identifying him or her as a recipient
of the Bronze Star. The tags shall be of such color and design as the
Department of Revenue shall prescribe, subject to the approval of the
Mississippi License Tag Commission, and shall consist of such letters or
numbers, or both, as may be necessary to distinguish each license tag.
(2) Application for the
distinctive license tags shall be made to the county tax collector on forms
prescribed by the Department of Revenue. Applicants for such distinctive
license tags shall present to the issuing official * * * proof of ownership of the particular
motor vehicle for which a license plate or tag is requested and proof that
the applicant is a recipient of the Bronze Star. * * * A certificate from the State
Veterans Affairs Board stating that the individual is a recipient of the Bronze
Star shall be sufficient proof.
(3) Vehicles owned by a recipient of the Bronze Star, or the unremarried surviving spouse of any such person, for which a distinctive license tag or plate is issued under this section are exempt from all motor vehicle registration fees and privilege taxes.
( * * *4) * * * If the owner does
not wish to retain the distinctive license tag, he must surrender it to the
local county tax collector.
* * *
(5) A license plate or tag issued under this section shall not be transferable to any other person; however, the surviving spouse of a deceased person who was issued a license plate or tag under this section shall be entitled to apply for or retain a license plate or tag issued under this section and may continue annually to renew registration for one (1) motor vehicle license plate or tag under this section for as long as the spouse remains unremarried. At the time of application or renewal registration, a surviving spouse who desires to retain the distinctive plate or tag issued under this section shall file with the county tax collector a sworn statement that the spouse is unremarried.
(6) Any person evading or violating any of the provisions of this section, or attempting to secure benefits under this section to which he is not entitled, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not less than six (6) months, or both.
( * * *7) A regular license tag must be
properly displayed as required by law until replaced by a distinctive license
tag under this section. The regular license tag must be surrendered to the tax
collector upon issuance of the distinctive license tag under this section. The
tax collector shall issue up to two (2) license decals for each distinctive
license tag issued under this section, which will expire the same month and
year as the regular license tag.
* * *
SECTION 3. Section 27-51-41, Mississippi Code of 1972, is amended as follows:
27-51-41. (1) The exemptions from the provisions of this chapter shall be confined to those persons or property exempted by this chapter or by the provisions of the Constitution of the United States or the State of Mississippi. No exemption as now provided by any other statute shall be valid as against the tax levied by this chapter. Any subsequent exemption from the tax levied hereunder shall be provided by amendment to this section which shall be inserted in the bill at length.
(2) The following shall be exempt from ad valorem taxation:
(a) All motor vehicles, as defined in this chapter, and including motor-propelled farm implements and vehicles, while in the hands of bona fide dealers as merchandise and which are not being operated upon the highways of this state.
(b) All motor vehicles belonging to the federal government or the State of Mississippi or any agencies or instrumentalities thereof.
(c) All motor vehicles owned by any school district in the state.
(d) All motor vehicles owned by any fire protection district incorporated in accordance with Sections 19-5-151 through 19-5-207 or by any fire protection grading district incorporated in accordance with Sections 19-5-215 through 19-5-241.
(e) All motor vehicles owned by units of the Mississippi National Guard.
(f) All motor vehicles which are exempted from highway privilege taxes under Section 27-19-1 et seq.
(g) All motor vehicles operated in this state as common and contract carriers of property, private commercial carriers of property, private carriers of property and buses, all of which have a gross weight in excess of ten thousand (10,000) pounds.
(h) Antique automobiles as defined in Section 27-19-47, and antique pickup trucks as provided for under Section 27-19-47.2, Mississippi Code of 1972.
(i) Street rods as defined in Section 27-19-56.6.
(j) One (1) motor vehicle owned by a disabled American veteran, or by the spouse of a deceased disabled American veteran, who is entitled to purchase a distinctive license plate or tag in accordance with Section 27-19-53, regardless of the license plate or tag issued to the disabled American veteran or the veteran's spouse if the disabled American veteran is deceased.
(k) One (1) motor vehicle owned by the unremarried surviving spouse of a member of the Armed Forces of the United States who, while on active duty, is killed or dies and one (1) motor vehicle owned by the unremarried surviving spouse of a member of a reserve component of the Armed Forces of the United States or of the National Guard who, while on active duty for training, is killed or dies.
(l) Motor vehicles owned by recipients of the Congressional Medal of Honor or by former prisoners of war, or by spouses of such deceased persons, in accordance with Section 27-19-54.
(m) (i) One (1) private carrier of passengers, as defined in Section 27-19-3, owned by any religious society, ecclesiastical body or any congregation thereof which is used exclusively for such society and not for profit.
(ii) All motor vehicles owned by any such religious society or any educational institution having a seating capacity greater than seven (7) passengers and used exclusively for transporting passengers for religious or educational purposes and not for profit.
(n) All motor vehicles primarily used as rentals under rental agreements with a term of not more than thirty (30) continuous days each and under the control of persons who are engaged in the business of renting such motor vehicles and who are subject to the tax under Section 27-65-231.
(o) Antique motorcycles as defined in Section 27-19-47.1.
(p) One (1) motor vehicle owned by a recipient of the Purple Heart, and one (1) motor vehicle owned by the unremarried surviving spouse of a recipient of the Purple Heart, as provided in Section 27-19-56.5.
(q) Motor vehicles that are eligible to display an authentic historical license plate as provided for in Section 27-19-56.11.
(r) Motor vehicles that are (i) designed or adapted to be used exclusively in the preparation and loading of chemicals or other material for aerial agricultural application to crops; and (ii) only incidentally used on public roadways in this state.
(s) One (1) motor vehicle owned by the mother of a service member who was killed in action or died in a combat zone after September 11, 2001, while serving in the Armed Forces of the United States as provided for in Section 27-19-56.162.
(t) One (1) motor vehicle owned by the unremarried spouse of a service member who was killed in action or died in a combat zone after September 11, 2001, while serving in the Armed Forces of the United States as provided for in Section 27-19-56.162.
(u) Buses and other motor vehicles that are (a) owned and operated by an entity that has entered into a contract with a school board under Section 37-41-31 for the purpose of transporting students to and from schools and (b) used by the entity for such transportation purposes. This paragraph (u) shall apply to contracts entered into or renewed on or after July 1, 2010.
(v) One (1) motor vehicle owned by a recipient of the Bronze Star or Silver Star, and one (1) motor vehicle owned by the unremarried surviving spouse of a recipient of the Bronze Star, as provided in Section 27-19-56.62, or Silver Star, as provided in Section 27-19-56.284.
(w) One (1) motor vehicle owned by a person who is a law enforcement officer and who (i) was wounded or otherwise received intentional or accidental bodily injury, regardless of whether occurring before or after July 1, 2014, while engaged in the performance of his official duties, provided the wound or injury was not self-inflicted, (ii) was required to receive medical treatment for the wound or injury due to the nature and extent of the wound or injury, and (iii) is eligible to receive a special license plate or tag under Section 27-19-56 as a result of such wound or injury, regardless of whether the person obtains such a plate or tag. Application for the exemption provided in this paragraph (w) may be made at the time of initial registration of a vehicle and renewal of registration. In addition, an applicant for the exemption must provide official written documentation that (i) the applicant is a law enforcement officer who was wounded or otherwise received intentional or accidental bodily injury while engaged in the performance of his official duties and that the wound or injury was not self-inflicted along with official written documentation verifying receipt of medical treatment for the wound or injury and the nature and extent of the wound or injury, and (ii) the applicant is eligible to receive a special license plate or tag under Section 27-19-56 as a result of such wound or injury, regardless of whether the person obtains such a plate or tag.
(x) One (1) motor vehicle owned by a recipient of the Distinguished Flying Cross or the Air Medal, and one (1) motor vehicle owned by the unremarried surviving spouse of a recipient of the Distinguished Flying Cross or the Air Medal, as provided in Section 27-19-56.13.
(3) Any claim for tax exemption by authority of the above-mentioned code sections or by any other legal authority shall be set out in the application for the road and bridge privilege license, and the specific legal authority for such tax exemption claim shall be cited in said application, and such authority cited shall be shown by the tax collector on the tax receipt as his authority for not collecting such ad valorem taxes, and the tax collector shall carry forward such information in his tax collection reports.
(4) Any motor vehicle driven over the highways of this state to the extent that the owner of such motor vehicle is required to purchase a road and bridge privilege license in this state, yet the legal situs of such motor vehicle is located in another state, shall be exempt from ad valorem taxes authorized by this chapter.
(5) If a taxpayer shall sell, trade or otherwise dispose of a vehicle on which the ad valorem and road and bridge privilege taxes have been paid in any county in the state, he shall remove the license plate from the vehicle. Such license plate must be surrendered to the issuing authority with the corresponding tax receipt, if required, and credit shall be allowed for the taxes paid for the remaining tax year on like privilege or ad valorem taxes due on another vehicle owned by the seller or transferor or by the seller's or transferor's spouse or dependent child. If the seller or transferor does not elect to receive such credit at the time the license plate is surrendered, the issuing authority shall issue a certificate of credit to the seller or transferor, or to the seller's or transferor's spouse or dependent child, or to any other person, business or corporation, at the direction of the seller or transferor, for the remaining unexpired taxes prorated from the first day of the month following the month in which the license plate is surrendered. The total of such credit may be used by the person or entity to whom the certificate of credit is issued, regardless of the relative amounts attributed to privilege taxes or to county, school or municipal ad valorem taxes. Any credit allowed for taxes due or any certificate of credit issued may be applied to like taxes owed in any county by the person to whom the credit is allowed or by the person possessing the certificate of credit. No credit, however, shall be allowed on the charge made for the license plate. Such license plates surrendered to the tax collector shall be retained by him, and in no event shall such license plate be attached to any vehicle after being surrendered to the tax collector, nor shall any license plate be transferred from one (1) vehicle to any other vehicle.
(6) If the person owning a vehicle subject to taxation under the provisions of this chapter does not operate such vehicle on the highways of this state from the date of acquisition or, if previously registered, from the end of the anniversary month of the tag and decals to the date on which he makes application for a current license tag or decals, he shall pay such ad valorem tax for a period of twelve (12) months beginning with the first day of the month in which he applies for a current license tag or decals under Chapter 19, Title 27, Mississippi Code of 1972. The owner shall submit an affidavit with an application attesting to the fact that the vehicle was not operated on the highways of this state from the date of acquisition or, if previously registered, from the end of the anniversary month of the tag and decals to the date on which he makes application for the current license tag or decals.
(7) Any person found violating any of the provisions of this section shall be arrested and tried, and if found guilty shall be fined in an amount double the total amount of taxes involved.
SECTION 4. This act shall take effect and be in force from and after July 1, 2015.