House Bill 324

AN ACT TO AMEND SECTION 63-16-5, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO DEVELOP PROCEDURES FOR THE DEPARTMENT OF PUBLIC SAFETY TO REVIEW EACH MOTOR VEHICLE INCIDENT TO DETERMINE IF THE DRIVER OF A MOTOR VEHICLE INVOLVED IN THE INCIDENT WAS FOUND IN VIOLATION AND CITED FOR FAILURE TO HAVE THE MINIMUM REQUIRED MOTOR VEHICLE LIABILITY INSURANCE OR PROOF OF SUCH; TO PROVIDE FOR PENALTIES IF THE DEPARTMENT INDEPENDENTLY DETERMINES, USING THE MISSISSIPPI VEHICLE INSURANCE VERIFICATION SYSTEM, THAT THE MOTOR VEHICLE VIOLATED MINIMUM LIABILITY INSURANCE REQUIREMENTS AT THE TIME OF THE MOTOR VEHICLE INCIDENT; TO AMEND SECTION 63-16-13, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-16-5, Mississippi Code of 1972, is amended as follows:

63-16-5. (1) A law enforcement officer or authorized employee of a law enforcement agency may, during the course of a traffic stop or accident investigation, access the verification system established under Section 63-16-3 to verify whether a motor vehicle is covered by a valid motor vehicle liability policy in at least the minimum amounts required under Section 63-15-3(j).

(2) The response received from the system supersedes an insurance card produced by a motor vehicle operator, and notwithstanding the display of an insurance card by the operator, the law enforcement officer may issue a complaint and notice to appear to the operator for a violation of the Mississippi Motor Vehicle Safety-Responsibility Law. A law enforcement officer may exercise discretion in issuing a citation during the first sixty (60) days after proof of temporary insurance is issued by an insurance company, if the verification system shows that the insured's policy is expired and the operator provides proof of insurance with a new insurance company or a new insurance card.

(3) Except upon reasonable cause to believe that a driver has violated another traffic regulation or that the driver's motor vehicle is unsafe or not equipped as required by law, a law enforcement officer may not use the verification system to stop a driver for operating a motor vehicle in violation of this chapter.

(4) (a) "Motor vehicle incident" means an incident involving the driver of a motor vehicle when a traffic citation or written warning was issued by a law enforcement officer or the driver of a motor vehicle was involved in an accident and an accident report was filed.

(b) The Commissioner of Public Safety shall develop procedures for the Department of Public Safety to review each motor vehicle incident to determine if the driver of a motor vehicle involved in the incident was found in violation and cited under Section 63-15-4(4) or Section 63-16-13(1).

(c) If the department determines that the driver of a motor vehicle was found in violation and cited under Section 63-15-4(4) or Section 63-16-13(1), related to the motor vehicle incident, this subsection (4) shall have no further application to the driver.

(d) If the department determines that the driver of a motor vehicle was not given a citation under Section 63-15-4(4) or Section 63-16-13(1) at the time of the motor vehicle incident, the department shall make an independent determination whether the motor vehicle was covered under motor vehicle liability insurance in at least the minimum amounts required under Section 63-15-3(j) at the time of the motor vehicle incident. The department shall utilize the Mississippi Vehicle Insurance Verification System in order to make such determination.

(e) All city and county law enforcement agencies and courts throughout the state shall cooperate with the department in providing their motor vehicle incident records that are not already in the possession of the department. This shall be done in a timely manner as specified by the department.

(f) If, using the Mississippi Motor Vehicle Insurance Verification System, the department makes the determination that the motor vehicle was not covered under motor vehicle liability insurance in at least the minimum amounts required under Section 63-15-3(j) at the time of the motor vehicle incident and the driver was not cited, the Commissioner of Public Safety, or authorized agent, shall suspend the motor vehicle operator's driving privilege and impose a civil penalty in an amount of Three Hundred Dollars ($300.00) upon a first violation, in an amount of Four Hundred Dollars ($400.00) upon a second violation and in an amount of Five Hundred Dollars ($500.00) upon a third or subsequent violation. If suspended, the driving privilege shall not be reinstated until the operator has motor vehicle liability insurance in at least the minimum amounts required under Section 63-15-3(j) and has paid the civil penalties imposed and the driver's license reinstatement fees imposed by the Department of Public Safety. Any person shall have the right to appeal in a court of proper jurisdiction any suspension or civil penalty under this section on the issue of whether the vehicle was in compliance with the minimum motor vehicle liability requirements at the time of the motor vehicle incident. If the matter is appealed and a violation is found, then the court shall not reduce, suspend or suspend the execution of any penalty imposed under the provisions of this subsection, in whole or in part. It shall be the duty of the county prosecuting attorney, an attorney employed under the provisions of Section 19-3-49, or in the event there is no such prosecuting attorney for the county, the duty of the district attorney to represent the state in any appeal held under this subsection. Civil penalties collected under this subsection shall be deposited into the Uninsured Motorist Identification Fund created under Section 63-16-13(2). However, if a citation had been issued at the motor vehicle incident and the appeal of such civil penalty would have been under the proper jurisdiction of a municipal court, One Hundred Dollars ($100.00) of the funds from such civil penalty shall be deposited in the general fund of that municipality. If a citation had been issued at the motor vehicle incident and the appeal of such civil penalty would have been under the proper jurisdiction of any of the courts of a county, One Hundred Dollars ($100.00) of the funds from such civil penalty shall be deposited in the general fund of that county.

(g) The notice of suspension and civil penalty, which shall be effective thirty (30) days after the date of notice, shall be sent by first class United States mail to the address in the records of the department or otherwise available to the department on a traffic citation or accident report. The department's review of motor vehicle incidents under the provisions of this subsection (4) may not be made for motor vehicle incidents that occurred more than six (6) months prior to the review. The Commissioner of Public Safety shall promulgate regulations necessary to implement this subsection (4).

SECTION 2. Section 63-16-13, Mississippi Code of 1972, is amended as follows:

63-16-13. (1) If the operator of a motor vehicle being operated on the public roads, streets or highways of the State of Mississippi or registered in the State of Mississippi has been found failing to have motor vehicle liability insurance in at least the minimum amounts required under Section 63-15-3(j), a court of proper jurisdiction shall suspend the operator's driving privilege and shall impose a civil penalty in an amount of Three Hundred Dollars ($300.00) upon a first violation, in an amount of Four Hundred Dollars ($400.00) upon a second violation and in an amount of Five Hundred Dollars ($500.00) upon a third or subsequent violation. If suspended, the driving privilege shall not be reinstated until the operator has motor vehicle liability insurance in at least the minimum amounts required under Section 63-15-3(j) and has paid the civil penalties imposed and driver's license reinstatement fees imposed by the Department of Public Safety. Any person shall have the right to appeal any suspension or civil penalty under this section in a court of proper jurisdiction. If the matter is appealed and a violation is found, then the court shall not reduce, suspend or suspend the execution of any penalty imposed under the provisions of this subsection, in whole or in part. It shall be the duty of the county prosecuting attorney, an attorney employed under the provisions of Section 19-3-49, or in the event there is no such prosecuting attorney for the county, the duty of the district attorney to represent the state in any appeal held under this subsection. Civil penalties collected under this subsection shall be deposited into the special fund created under subsection (2) of this section. However, if the appeal of such civil penalty would be under the proper jurisdiction of a municipal court, One Hundred Dollars ($100.00) of the funds from such civil penalty shall be deposited in the general fund of that municipality. If the appeal of such civil penalty would be under the proper jurisdiction of any of the courts of a county, One Hundred Dollars ($100.00) of the funds from such civil penalty shall be deposited in the general fund of that county. A person convicted of a civil violation under this subsection (1) shall not be convicted of a criminal offense under Section 63-15-4(4) arising from the same incident.

(2) (a) There is created in the State Treasury a special fund to be designated as the "Uninsured Motorist Identification Fund." The fund shall consist of monies deposited therein as provided under subsection (1) of this section and monies from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund; however, one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to the Motor Vehicle Ad Valorem Tax Reduction Fund created under Section 27-51-105, and one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to the Mississippi Trauma Care Systems Fund created under Section 41-59-75.

(b) Monies in the special fund may be used by the Department of Public Safety, upon appropriation by the Legislature, only for the purpose of defraying expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3, including the expenses and costs of administering the requirements of Section 63-16-5(4). In addition, at any time during a fiscal year, if the Department of Public Safety determines that funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund created under Section 45-2-1 are insufficient, the department may request the State Fiscal Officer to transfer funds from the Uninsured Motorist Identification Fund. The State Fiscal Officer may make an appropriate transfer if he determines that the funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund are insufficient and the funds in the Uninsured Motorist Identification Fund will be sufficient for defraying the expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. Monies in the fund used for the purposes described in this paragraph (b) shall be in addition to other funds available from any other source for such purposes.

SECTION 3. This act shall take effect and be in force from and after July 1, 2018.