Planning for certain federal highway money distribution transfers; correcting a cross-reference related to penalties for drunk driving; penalties for violations of motor vehicle mileage disclosure requirements; certain references to obsolete federal motor carrier law; and providing a criminal penalty (suggested as remedial legislation by the Department of Transportation). (FE)

This bill corrects an erroneous cross-reference related to penalties for driving under the influence of an intoxicant.

Current law imposes certain requirements related to reporting a motor vehicle's mileage upon transfer of the vehicle. Specifically, 1) a transferor may not transfer ownership of a motor vehicle without disclosing the vehicle's mileage in writing to the transferee; 2) a transferor may not knowingly make a false statement in disclosing the vehicle's mileage to a transferee; and 3) no person may alter, erase, or obliterate any information contained on a mileage disclosure statement. Current law provides two inconsistent penalties for a person who violates one of these provisions with intent to defraud. Specifically, the current provision provides that a person who violates one of the above provisions with intent to defraud 1) may be fined not more than $5,000 or imprisoned for not more than seven years and six months or both; and 2) is guilty of a Class H felony, which is punishable by a fine not to exceed $10,000 or imprisonment not to exceed six years or both.

This bill eliminates the reference to a fine of not more than $5,000 or imprisonment for not more than seven years and six months or both. Under this bill, any person who violates one of the above provisions with intent to defraud is guilty of Class H felony.

Currently, two statutory provisions reference the no longer extant Interstate Commerce Commission. This bill replaces those references with references to the federal Surface Transportation Board. Also under current law, three statutory provisions reference state motor carrier certificates for interstate operation that are no longer authorized under federal law. This bill removes these references.

For further information, see the Notes provided by the Law Revision Committee of the Joint Legislative Council.