MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Transportation

By: Representative Clark, Upshaw, Akins, Bailey, Baker (74th), Baker (8th), Barnett, Bondurant, Broomfield, Brown, Burnett, Calhoun, Carlton, Clarke, Coleman (65th), Flaggs, Fleming, Franks, Hamilton (6th), Lane, Malone, Martinson, Masterson, Mayhall, Mayo, Miles, Reeves, Robinson (63rd), Rotenberry, Stevens, Thomas, Whittington, Woods, Young

House Bill 409

AN ACT TO AMEND SECTION 63-2-7, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISIONS THAT PERMIT A FINE TO BE IMPOSED FOR A VIOLATION OF THE MOTOR VEHICLE SEAT BELT LAW ONLY IF THE VIOLATOR IS ALSO CHARGED AND CONVICTED OF SOME OTHER OFFENSE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-2-7, Mississippi Code of 1972, is amended as follows:

     63-2-7.  (1)  A violation of this chapter shall be a misdemeanor, punishable by a fine of Twenty-five Dollars ($25.00) upon conviction; however, only the operator of a vehicle may be fined for a violation of this chapter by the operator, for a violation of this chapter by a front seat passenger or for a violation of this chapter by a child who is at least four (4) Years of age but under eight (8) years of age, regardless of the seat that the child occupies * * *.  The maximum fine that may be imposed against the operator of a vehicle for a violation of this chapter by the operator or for a violation of this chapter by one or more passengers shall be Twenty-five Dollars ($25.00) in the aggregate.

     (2)  A violation of this chapter shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.

     SECTION 2.  All federal money that the State of Mississippi receives as an incentive grant for the enactment of a primary seat belt law under Section 1 of House Bill No. ____, 2006 Regular Session, shall be expended for highway safety infrastructure improvements except as otherwise conditioned or restricted by federal law or federal rules and regulations governing the expenditure of such funds.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2006.