MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Transportation

By: Representative Dedeaux

AN ACT TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH A PRIVATE COLLECTION AGENCY FOR THE PURPOSE OF IDENTIFYING PERSONS WHO HAVE FAILED TO PAY FINES FOR TRAFFIC VIOLATIONS OR WHO HAVE FAILED TO APPEAR TO ANSWER CHARGES FOR SUCH VIOLATIONS; TO PROVIDE FOR THE IMPOSITION OF AN ADDITIONAL ASSESSMENT AGAINST SUCH PERSONS; TO PRESCRIBE THE DUTIES AND RESPONSIBILITIES OF THE PRIVATE COLLECTION AGENCY WITH REGARD TO OBTAINING AND MAINTAINING RECORDS AND INFORMATION ABOUT SUCH DEFENDANTS AND FOR COLLECTING AND DISTRIBUTING THE MONIES SO COLLECTED FROM THE DEFENDANTS; TO REQUIRE ANY COLLECTION AGENCY CONTRACTING WITH THE DEPARTMENT OF PUBLIC SAFETY UNDER THE PROVISIONS OF THIS ACT TO MEET ALL LICENSING REQUIREMENTS FOR DOING BUSINESS IN THE STATE OF MISSISSIPPI AND TO GIVE BOND OR OTHER SURETY PAYABLE TO THE STATE; TO AMEND SECTIONS 63-1-46, 63-1-53 AND 63-9-13, 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. (1) The Department of Public Safety is authorized to enter into contract with a private collection agency for the purpose of identifying individuals who (a) have failed to pay all fines, assessments and other costs for a traffic violation charged under the uniform traffic ticket law on or before the date and time such person is required to appear in court to answer the charge, or (b) have failed to appear in court at such time and place as required to answer the charge. Pursuant to such contract, the collection agency shall be responsible for accepting the records of such individuals maintained by the Department of Public Safety and establishing and maintaining such information in a database available for on-line viewing and for daily electronic interfacing with the Department of Public Safety's licensing system. Access to such database shall also be made available to Justice Courts and Municipal Courts with on-line computer capability. The collection agency shall be responsible for operating a customer support facility that uses the central failure to appear system in contacting defendants by letter and responding to incoming telephone calls from defendants requesting information on how to obtain driver's license reinstatement and satisfying all fines, costs, fees and assessments imposed against defendants. The collection agency shall be required to maintain all records relating to such defendants and to interface these records with records and computer data maintained by the Department of Public Safety and shall meet such other requirements and perform such other tasks as the Department of Public Safety may require.

(2) All fines, costs and assessments imposed by law upon defendants for failure to appear to answer a charge for violation of an offense for which a ticket was issued under the Uniform

Traffic Ticket Law, including an additional assessment of One Hundred Fifty Dollars ($150.00), shall be paid to the collection agency and not to the court to which the charge was returnable and not to the Department of Public Safety. The collection agency shall be responsible for forwarding to the clerk of the court in which the defendant failed to appear, not later than the tenth day of each month, such amount as the collection agency has collected from defendants during the preceding month which represent all fines, costs and assessments that were imposed because of the defendants' failure to appear plus an amount equal to thirty-three percent (33%) of the One Hundred Fifty Dollars ($150.00) additional assessment authorized to be collected under this section. The collection agency also shall pay to the Department of Public Safety from such monies as it collects from defendants an amount equal to thirty-three percent (33%) of the One Hundred Fifty Dollars ($150.00) additional assessment authorized to be collected under this section. The remaining thirty-three percent (33%) of the One Hundred Fifty Dollars ($150.00) additional assessment authorized to be collected under this section shall be retained by the collection agency for all services performed by the collection agency pursuant to its contract with the Department of Public Safety.

(3) Any contract entered into under the provisions of this section shall provide for payment contingent upon successful collection efforts. Any private collection agency contracting with the Department of Public Safety under the provisions of this section shall give bond or other surety payable to the state in such amount as the Commissioner of Public Safety deems sufficient. Any private collection agency with whom the department contracts under the provisions of this section must meet all licensing requirements for doing business in the State of Mississippi. The state, any agency of the state, any political subdivision of the state or any officer or employee of the state or of a political subdivision of the state shall not be liable, civilly or criminally, for any wrongful or unlawful act or omission of any person or business with whom the Department of Public Safety has contracted under the provisions of this section.

(4) The Department of Public Safety may adopt such rules and regulations as may be necessary to properly implement the provisions of this section.

SECTION 2. Section 63-1-46, Mississippi Code of 1972, is amended as follows:

63-1-46. (1) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been validly suspended, revoked or cancelled. This fee shall be in addition to the fee provided for in Section 63-1-43, Mississippi Code of 1972. This fee shall not be charged if the licensee has been charged the special assessment under Section 1 of House Bill No. , 1997 Regular Session.

(2) The funds received under the provisions of subsection (1) of this section shall be deposited into the State General Fund in accordance with Section 45-1-23, Mississippi Code of 1972.

(3) In addition to the fee provided for in subsection (1) of this section, an additional fee of Seventy-five Dollars ($75.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.

(4) The funds received under the provisions of subsection (3) of this section shall be placed in a special fund hereby created in the State Treasury. Monies in such special fund may be expended solely to contribute to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol such amounts as are necessary to make sworn agents of the Mississippi Bureau of Narcotics who were employed by such bureau prior to December 1, 1990, and who were subsequently employed as enforcement troopers by the Department of Public Safety, full members of the retirement system for the Mississippi Highway Safety Patrol with full credit for the time they were employed as sworn agents for the Mississippi Bureau of Narcotics. The Board of Trustees of the Public Employees' Retirement System shall certify to the State Treasurer the amounts necessary for the purposes described above. The State Treasurer shall monthly transfer from the special fund created pursuant to this subsection the amounts deposited in such special fund to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol until such time as the certified amount has been transferred. At such time as the certified amount has been transferred, the State Treasurer shall transfer any funds remaining in the special fund created pursuant to this subsection to the State General Fund and shall then dissolve such special fund. This subsection (4) of Section 3 shall stand repealed at such time when the State Treasurer transfers funds and dissolves the special fund account in accordance with the provisions of this subsection.

(5) The procedure for the reinstatement of a license issued pursuant to this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

SECTION 3. Section 63-1-53, Mississippi Code of 1972, is amended as follows:

63-1-53. (1) Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of this title, or upon failure of any person to pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to such person by United States first class mail at his last known address advising such person that if within ten (10) days after such notice is deposited in the mail the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of Public Safety and the commissioner may suspend the driver's license of such person and impose an additional assessment of One Hundred Fifty Dollars ($150.00) as provided under Section 1 of House Bill No. , 1997 Regular Session. The actual cost incurred by the court in the giving of such notice may be added to any other court costs assessed in such case. If within ten (10) days after the notice is given in accordance with this subsection such person has not satisfactorily disposed of the matter pending before the court, then the clerk of the court immediately shall mail a copy of the abstract of the court record, along with a certified copy of the notice given under this subsection, to the Commissioner of Public Safety, and the commissioner may suspend the driver's license of such person as authorized under subsections (2) and (3) of this section. The additional One Hundred Fifty Dollars ($150.00) assessment shall not be imposed if the defendant appears before the court within ten (10) days after such notice has been sent and either pays all fines, costs and assessments that may be imposed for conviction of the offense or shows good cause for his failure to timely appear.

(2) The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:

(a) Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law;

(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

(c) Is an habitually reckless or negligent driver of a motor vehicle;

(d) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

(e) Is incompetent to drive a motor vehicle;

(f) Has permitted an unlawful or fraudulent use of such license;

(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;

(h) Has failed to pay any fine, fee or other assessment levied as a result of any violation of this title;

(i) Has failed to respond to a summons or citation which charged a violation of this title; or

(j) Has committed a violation for which mandatory revocation of license is required upon conviction, entering a plea of nolo contendere to, or adjudication of delinquency, pursuant to the provisions of subsection (1) of Section 63-1-71.

(3) Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practical within not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.

SECTION 4. Section 63-9-13, Mississippi Code of 1972, is amended as follows:

63-9-13. All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of Chapters 3, 5 or 7 of this title constituting a misdemeanor, including proceeds from the special assessment imposed under Section 1 of House Bill No. , 1997 Regular Session, shall be deposited in the treasury of the county maintaining the court wherein such conviction or forfeiture was had.

SECTION 5. This act shall take effect and be in force from and after July 1, 1997.