MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division B
By: Senator(s) DeBar
AN ACT TO AMEND SECTION 63-2-7, MISSISSIPPI CODE OF 1972, TO INCREASE THE CRIMINAL FINE FOR FAILURE TO WEAR A SEATBELT; TO DIVERT THE MONIES RECEIVED FROM SUCH FINES TO CERTAIN FUNDS TO BE DISBURSED SUBJECT TO APPROPRIATION BY THE LEGISLATURE FOR EDUCATION AND INFORMATION PROGRAMS; TO AMEND SECTION 63-7-309, MISSISSIPPI CODE OF 1972, TO INCREASE THE CRIMINAL FINE FOR FAILURE TO USE A CHILD PASSENGER RESTRAINT DEVICE; TO DIVERT THE MONIES RECEIVED FROM SUCH FINES TO CERTAIN FUNDS TO BE DISBURSED SUBJECT TO APPROPRIATION BY THE LEGISLATURE FOR EDUCATION AND INFORMATION PROGRAMS; TO MIRROR THE PROVISION OF LAW IN THE CHAPTER CONCERNING SEATBELTS THAT VIOLATIONS OF THIS SECTION SHALL NOT BE ENTERED ON DRIVING RECORDS; TO AMEND SECTION 63-2-5, MISSISSIPPI CODE OF 1972, TO CREATE THE USE OF SAFETY SEAT BELT EDUCATION FUND AS A SPECIAL FUND WITHIN THE STATE TREASURY; TO UPDATE AN OUTDATED REFERENCE TO THE FORMER STATE TAX COMMISSION; TO AMEND SECTIONS 37-25-17 AND 63-7-311, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-2-7, 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 * * * One
Hundred Dollars ($100.00) upon conviction; however, only the operator of a
vehicle may be fined for a violation of this chapter by the operator and any
passengers. 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 * * * One
Hundred Dollars ($100.00) 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.
(3) (a) Sixty percent (60%) of the amount of the fine collected for a violation of this chapter shall be deposited into the Driver Training Penalty Assessment Fund created in Section 37-25-17.
(b) Forty percent (40%) of the amount of the fine collected for a violation of this chapter shall be deposited into the Use of Safety Seat Belt Education Fund created in Section 63-2-5.
SECTION 2. Section 63-7-309, Mississippi Code of 1972, is amended as follows:
63-7-309. (1) Any
person convicted of violating the provisions of Section 63-7-301 shall be fined
not more than * * * One Hundred Dollars ($100.00) for each
offense.
(2) A violation of this chapter shall not be entered on the driving record of any individual so convicted.
(3) (a) Sixty percent (60%) of the amount of the fine collected for a violation of this chapter shall be deposited into the Driver Training Penalty Assessment Fund created in Section 37-25-17.
(b) Forty percent (40%) of the amount of the fine collected for a violation of this chapter shall be deposited into the Use of Safety Seat Belt Education Fund created in Section 63-2-5.
SECTION 3. Section 63-2-5, Mississippi Code of 1972, is amended as follows:
63-2-5. (1) The Department of Public Safety shall initiate an education program designed to encourage the use of safety belts with emphasis on the effectiveness of safety belts, the monetary savings and other benefits to the public. Funds for such educational program shall be made available through the office of the Governor's representative for highway safety programs.
(2) The State Highway Commission is authorized to direct the Highway Department to erect signs along the highways of this state notifying the traveling public that Mississippi is a mandatory seat-belt-use state.
(3) The * * * Department of Revenue
shall provide notices of the requirement for safety belt use which shall
accompany the delivery of a passenger motor vehicle license tag or decal.
(4) There is created in the State Treasury a special fund to be designated as the "Use of Safety Seat Belt Education Fund." The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. 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 into such fund. Subject to appropriation by the Legislature, monies in the fund shall be disbursed by the Department of Public Safety to effectuate the purposes of the education program created under this section. The fund shall consist of:
(a) Monies deposited into the fund by the State Treasurer;
(b) The interest accruing to the fund;
(c) Monies received through the office of the Governor's representative for highway safety programs;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by or allowable under law.
SECTION 4. Section 37-25-17, Mississippi Code of 1972, is amended as follows:
37-25-17. Such assessments
as * * * directed
under Sections 63-2-7(3) and 63-7-309(3) shall be deposited in the Driver
Training Penalty Assessment Fund, which fund is hereby created, to be used
exclusively as provided in this chapter subject to appropriation by the
Legislature.
SECTION 5. Section 63-7-311, Mississippi Code of 1972, is amended as follows:
63-7-311. The * * * Department of Revenue
shall provide notice of the requirement for child restraint devices or systems,
which notice shall accompany the delivery of a motor vehicle license tag.
SECTION 6. This act shall take effect and be in force from and after its passage.