MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Insurance

By: Senator(s) Kirby, King, Simmons, Jackson, Harvey, Stogner, Hamilton, Lee, Carmichael, Nunnelee, Chaney, Furniss, Dickerson, Gollott, Little, Hewes, Burton, Smith, White (29th), Johnson (19th), White (5th), Browning, Jordan, Harden

AN ACT TO AMEND THE MISSISSIPPI MOTOR VEHICLE SAFETY RESPONSIBILITY LAW BY CREATING A NEW SECTION TO BE CODIFIED AS SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR COMPULSORY MOTOR VEHICLE LIABILITY INSURANCE; TO PROVIDE THAT CERTAIN VEHICLES SHALL BE EXEMPT FROM THE REQUIREMENT OF MAINTAINING MOTOR VEHICLE LIABILITY INSURANCE; TO PROVIDE THAT THE PERSONS INSURED UNDER LIABILITY INSURANCE SHALL BE RESPONSIBLE FOR MAINTAINING AN INSURANCE CARD IN EACH INSURED MOTOR VEHICLE AS EVIDENCE OF COVERAGE; TO PROVIDE FOR THE DESIGN OF SUCH CARD BY THE DEPARTMENT OF PUBLIC SAFETY AND FOR THE FURNISHING OF SUCH CARD BY THE INSURANCE COMPANY; TO PRESCRIBE PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ACT; TO PROHIBIT THE FRAUDULENT USE OF AN INSURANCE CARD AND PRESCRIBE PENALTIES THEREFOR; TO REQUIRE PROOF OF COMPLIANCE WITH THE MOTOR VEHICLE SAFETY RESPONSIBILITY LAW BEFORE REGISTRATION OF A MOTOR VEHICLE; TO AMEND SECTIONS 63-15-3 AND 63-15-11, MISSISSIPPI CODE OF 1972, TO INCREASE FINANCIAL RESPONSIBILITY REQUIREMENTS; TO AMEND SECTION 63-15-29, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT A DISCHARGE IN BANKRUPTCY DOES NOT RELIEVE THE JUDGMENT DEBTOR OF OBLIGATIONS UNDER THIS CHAPTER; TO AMEND SECTIONS 63-15-13, 63-15-31, 63-15-37, 63-15-39, 63-15-41, 63-15-43, 63-15-51 AND 83-11-101, MISSISSIPPI CODE OF 1972, TO CONFORM THERETO; TO CREATE A NEW CODE SECTION TO REQUIRE PROOF OF A VALID DRIVER'S LICENSE BEFORE REGISTRATION OF A MOTOR VEHICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 63-15-4, Mississippi Code of 1972:

63-15-4. (1) It is unlawful to operate a motor vehicle in this state unless a policy of motor vehicle liability insurance in at least the minimum amounts required for proof of financial responsibility under Section 63-15-3, Mississippi Code of 1972, is in effect to insure against losses which may arise out of the operation of such vehicle.

(2) The following vehicles are exempt from the requirement of subsection (1) of this section:

(a) Vehicles exempt by Section 63-15-5, Mississippi Code of 1972;

(b) Vehicles for which a bond or a certificate of deposit of money or securities in at least the minimum amounts required for proof of financial responsibility is on file with the department;

(c) Vehicles that are self-insured under Section 63-15-53, Mississippi Code of 1972; and

(d) Implements of husbandry.

(3) (a) Every motor vehicle operated in this state and required by this section to be insured under a motor vehicle liability insurance policy shall have an insurance card maintained in the vehicle as evidence of insurance. The insured parties shall be responsible for maintaining the insurance card in each vehicle.

(b) The department shall design the insurance card to be maintained in the vehicle.

(c) (i) An insurance company issuing a policy of motor vehicle liability insurance as required by this section shall furnish to the insured an insurance card of the design adopted by the department, and shall furnish an insurance card for each vehicle at the time the insurance policy becomes effective.

(ii) One (1) insurance card must be furnished for each motor vehicle insured by the policy, and must have an expiration date clearly designated thereon to correspond with the expiration date of the policy of motor vehicle liability insurance. Upon renewal of the policy, the insurance company shall furnish to the insured parties a replacement insurance card with the expiration date of the renewal policy for each insured motor vehicle.

(4) The issuance of a policy, or an insurance card as required in this section, is not a warranty or a guarantee by an insurance company or agent that the policy will remain in force and effect and shall not create liability on the part of the insurance company or agent for any policy that has been terminated or canceled.

(5) Every peace officer, driver's license examiner or other authorized agent or officer of the department, and other law enforcement officers authorized to inspect drivers' licenses or investigate motor vehicle accidents may inspect the insurance card required under this section or investigate the reason for the lack of such insurance card in any motor vehicle traveling on a public road or highway.

(6) Failure to maintain a policy of motor vehicle liability insurance as required under this section is a misdemeanor punishable by a fine of One Hundred Dollars ($100.00). A second or subsequent offense within a period of three (3) years from a prior offense is a misdemeanor punishable by a fine of Five Hundred Dollars ($500.00).

(7) The requirements of this section and the penalties provided herein are in addition to and not in lieu of the requirements and penalties as otherwise provided by this chapter.

SECTION 2. (1) It shall be unlawful for any person:

(a) To display, cause or permit to be displayed, or have in his possession, any fictitious, fraudulently altered or fraudulently obtained insurance card;

(b) To display or represent any insurance card not issued to him as being his own insurance card;

(c) To photograph, photostat, duplicate or in any way reproduce, manufacture, sell or distribute or alter any insurance card, or facsimile thereof, in such a manner that it could be mistaken for a valid insurance card; or

(d) To display or have in his possession any photograph, photostat, duplicate, reproduction or facsimile of an insurance card unless authorized by law.

(2) Any person convicted of a violation of paragraphs (a), (b) or (d) of subsection (1) of this section shall be guilty of a misdemeanor and shall be punished by a fine of Five Hundred Dollars ($500.00).

(3) Any person convicted of a violation of paragraph (c) of subsection (1) of this section shall be punished as follows:

(a) A first offense shall be a misdemeanor punishable by a fine of Five Hundred Dollars ($500.00).

(b) A second offense shall be a misdemeanor punishable by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both such fine and imprisonment.

(c) A third offense shall be a misdemeanor punishable by a fine of not less than Five Thousand Dollars ($5,000.00) or by imprisonment for one (1) year or both such fine and imprisonment.

SECTION 3. (1) Each person who applies for registration of a motor vehicle, or who applies for renewal of a registration, shall provide proof of compliance with the requirement of the Motor Vehicle Safety Responsibility Law, Section 63-15-1 et seq., and shall declare in writing that the applicant will remain in compliance during the time for which the registration, the renewal of registration.

(2) The Commissioner of Public Safety shall adopt rules to implement the provisions of this section. The rules shall provide that documentation of insurance or other security shall be required for proof of compliance. The rules shall require that the original or a copy of one of the following documents be produced as documentation of insurance: an insurance card, an insurance policy, or the declarations page of the insurance policy showing coverages.

(3) The provisions of this section shall not apply to motor vehicle dealer tags as regulated by the Motor Vehicle Dealer Tag Permit Law, Section 27-19-301 et. seq., nor to license tags for government-owned vehicles exempt from the Motor Vehicle Safety Responsibility Law as provided in Section 63-15-5.

(4) The provisions of this section shall not apply to renewals of registration by mail.

SECTION 4. Section 63-15-3, Mississippi Code of 1972, is amended as follows:

63-15-3. The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

(a) "Department" means the Department of Public Safety * * *, acting directly or through its authorized officers and agents * * *.

(b) "Insurance card" means a card or like document designed by the department as required pursuant to Section 63-15-4, Mississippi Code of 1972.

(c) "Highway" means the entire width between property lines of any road, street, way, thoroughfare, or bridge in the State of Mississippi not privately owned or controlled, when any part * * * is open to the public for vehicular traffic and over which the state has legislative jurisdiction under its police power.

(d) "Judgment" means any judgment which is final by expiration, without appeal, of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.

(e) "License" means any driver's, operator's, commercial operator's, or chauffeur's license, temporary instruction permit or temporary license, or restricted license, issued under the laws of the State of Mississippi pertaining to the licensing of persons to operate motor vehicles.

(f) "Motor vehicle" means every self-propelled vehicle (other than traction engines, road rollers and graders, tractor cranes, power shovels, well drillers and implements of husbandry) which is designed for use upon a highway, including trailers and semitrailers designed for use with such vehicles, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.

For purposes of this definition, "implements of husbandry" shall not include trucks, pickup trucks, trailers and semitrailers designed for use with such trucks and pickup trucks.

(g) "Nonresident" means any person who is not a resident of the State of Mississippi.

(h) "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of Mississippi pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in the State of Mississippi.

(i) "Operator" means any person who is in actual physical control of a motor vehicle.

(j) "Owner" means a person who holds the legal title of a motor vehicle; if a motor vehicle is the subject of an agreement for the conditional sale or lease * * * with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor is the owner for the purpose of this chapter.

(k) "Person" means a * * * person, firm, copartnership, association or corporation.

(l) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident, and subject to the limit for one (1) person, in the amount of Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property of others in any one (1) accident.

(m) "Registration" means a certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles.

(n) "State" means any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.

(o) "Policy of motor vehicle liability insurance" as used in this chapter, except for Sections 63-15-37 through 63-15-43, means an owner's or an operator's policy of motor vehicle liability insurance, in at least the minimum amounts required for proof of financial responsibility under Section 63-15-3, that provides liability coverage as stated therein for liability arising out of the ownership, maintenance or use of designated or described motor vehicles, subject to all of the terms, conditions, exclusions and endorsements contained in the policy, issued by an insurance company duly authorized to write motor vehicle liability insurance. Such policy is not subject to the provisions and limitations applicable to a "certified motor vehicle liability policy" contained in Section 63-15-43. Section 63-15-43, which restricts, limits and defines provisions of a "certified motor vehicle liability policy" provided as proof of financial responsibility following an accident, shall not apply to a policy of motor vehicle liability insurance provided in compliance with Section 63-15-4(1). The liability of the insurance company with respect to a policy of motor vehicle liability insurance provided in compliance with Section 63-15-4(1) shall be subject to the conditions, exclusions, terms and provisions contained in such policy.

SECTION 5. Section 63-15-11, Mississippi Code of 1972, is amended as follows:

63-15-11. (1) If twenty (20) days after the receipt of a report of a motor vehicle accident in this state which has resulted in bodily injury or death, or damage to the property of any one (1) person in excess of Two Hundred Fifty Dollars ($250.00), the department does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection (2) of this section has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the department shall determine the amount of security which shall be sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner.

(2) The department shall, within sixty (60) days after the receipt of such report of a motor vehicle accident, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and if such operator is a nonresident the privilege of operating a motor vehicle within this state, and if such owner is a nonresident the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the department and shall also furnish proof of financial responsibility. Notice of such suspension shall be sent by the department to such operator and owner not less than ten (10) days prior to the effective date of such suspension and shall state the amount required as security. If erroneous information is given the department with respect to the matters set forth in paragraphs (a), (b) and (c) of subsection (4) of this section, the department shall take appropriate action as hereinbefore provided, within sixty (60) days after it receives the correct information * * *.

(3) Any person so notified of suspension may, within ten (10) days after receipt of such notification, make a written request to the department for a hearing, and such request shall operate as a stay of any suspension pending the outcome of such hearing. For the purposes of this section, the scope of such hearing shall cover the issues of whether there is a reasonable probability of a judgment being rendered against such person in a lawsuit arising out of the accident and whether such person is exempt from the requirement of depositing security under subsection (4) of this section. At such hearing the department may also consider the amount of security required to be deposited, if any. The hearing shall be in accordance with rules and regulations * * * adopted by the department and furnished to the operator or owner with the notice of suspension. For the purposes of this section, a "hearing" may consist of a determination of such issues by the department based solely on written reports submitted by the operator or owner and by investigatory officers, if the owner or operator, in his written request to the department for a hearing, has expressly consented to such * * * hearing and that the department has consented thereto.

Any person whose suspension has been sustained may appeal as provided in Section 63-15-7. However, the suspension shall not be stayed by the department or any court while such appeal is pending.

(4) Subsections (1) and (2) of this section do not apply: (a) to the operator or owner if the owner had in effect at the time of such accident a liability policy with respect to the motor vehicle involved in such accident; (b) to the operator, if not the owner of the motor vehicle, if there was in effect at the time of such accident a liability policy with respect to his operation of motor vehicles not owned by him; (c) to the operator or owner if the liability of the operator or owner for damages resulting from such accident is, in the judgment of the department, covered by any other form of liability insurance policy or bond of a surety company authorized to do business in this state; or (d) to any person qualifying as a self-insurer under Section 63-15-53, or to any person operating a motor vehicle for such self-insurer * * *.

No such policy shall be effective under this section unless issued by an insurance company or surety company authorized to write motor vehicle liability insurance in this state, except that if such motor vehicle was not registered in this state, or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or the most recent renewal thereof, such policy shall not be effective under this section unless the insurance company or surety company if not authorized to do business in this state shall execute a power of attorney authorizing the department to accept service on its behalf of notice or process in any action upon such policy arising out of such accident. However, every such policy shall be subject, if the accident has resulted in bodily injury or death, to a minimum limit, exclusive of interest and cost, of an amount required for proof of financial responsibility * * *.

SECTION 6. Section 63-15-13, Mississippi Code of 1972, is amended as follows:

63-15-13. The requirements as to security and suspension for failure to deposit security in Section 63-15-11, shall not apply: (1) to the operator or owner of a motor vehicle, properly insured as required by this chapter, involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner; or (2) if, prior to the date that the department would otherwise suspend license and registration or nonresident's operating and use privilege under Section 63-15-11, there shall be filed with the department evidence satisfactory to it that the person who would otherwise have to file security has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident and that the person was properly insured as otherwise required by this chapter.

Nevertheless, the requirements as to furnishing proof of financial responsibility and suspension for failure to furnish same in Section 63-15-11, shall apply notwithstanding any provision of this section.

SECTION 7. Section 63-15-29, Mississippi Code of 1972, is amended as follows:

63-15-29. * * * A license and nonresident's operating privilege shall remain * * * suspended and shall not be renewed, nor shall any such license be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full or to the extent required and until the * * * person gives proof of financial responsibility subject to the exemptions stated in Sections 63-15-27 and 63-15-33.

SECTION 8. Section 63-15-31, Mississippi Code of 1972, is amended as follows:

63-15-31. Judgments referred to in this chapter shall, for the purpose of this chapter only, be deemed satisfied:

(a) When Twenty-five Thousand Dollars ($25,000.00) has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one (1) person as the result of any one (1) accident; or

(b) When, subject to such limit of Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one (1) person, the sum of Fifty Thousand Dollars ($50,000.00) has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two (2) or more persons as the result of any one (1) accident; or

(c) When Twenty-five Thousand Dollars ($25,000.00) has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one (1) accident.

However, payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section.

SECTION 9. Section 63-15-37, Mississippi Code of 1972, is amended as follows:

63-15-37. Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing:

1. A written confirmation from the insurer of a certified motor vehicle liability insurance policy as provided in Section 63-15-39 or Section 63-15-41; or

2. A bond as provided in Section 63-15-49; or

3. A certificate of deposit of money or securities as provided in Section 63-15-51; or

4. A certificate of self-insurance as provided in Section 63-15-53, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to said self-insurer.

SECTION 10. Section 63-15-39, Mississippi Code of 1972, is amended as follows:

63-15-39. Certified motor vehicle liability insurance policy as proof of financial responsibility; residents.

Proof of financial responsibility may be furnished by filing with the department the written confirmation of any insurance company duly authorized to write motor vehicle liability insurance in this state certifying that there is in effect a certified motor vehicle liability insurance policy for the benefit of the person required to furnish proof of financial responsibility that complies with the requirements of Section 63-15-43. Such confirmation shall give the effective date of such certified motor vehicle liability policy, which date shall be the same as the effective date of the confirmation, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the certified policy is issued to a person who is not the owner of a motor vehicle.

SECTION 11. Section 63-15-41, Mississippi Code of 1972, is amended as follows:

63-15-41. Certified motor vehicle liability insurance policy as proof of financial responsibility; nonresidents.

(1) The nonresident owner of a motor vehicle, the owner or operator of which is not licensed in this state, may give proof of financial responsibility by filing with the department * * * written confirmation of an insurance company authorized to transact business in the state in which the motor vehicle or motor vehicles described in such confirmation are registered, or if such nonresident does not own a motor vehicle, then in the state in which the insured resides, provided such confirmation otherwise conforms to the provisions of this chapter. The department shall accept the same upon condition that said insurance company complies with the following provisions with respect to the certified policies so confirmed:

(a) Said insurance company shall execute a power of attorney authorizing the department to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state;

(b) Said insurance company shall agree in writing that such certified policies shall be deemed to conform with the laws of this state relating to the terms of certified motor vehicle liability policies issued herein.

(2) If any insurance company not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the department shall not thereafter accept as proof any confirmation of said company whether theretofore filed or thereafter tendered as proof, so long as such default continues.

SECTION 12. Section 63-15-43, Mississippi Code of 1972, is amended as follows:

63-15-43. (1) A "certified motor vehicle liability policy" as the term is used in Sections 63-15-39 and 63-15-41 means an owner's or an operator's policy of liability insurance, certified as provided in Section 63-15-39 or Section 63-15-41, as proof of financial responsibility, and issued, except as otherwise provided in Section 63-15-41, by an insurance company duly authorized to write motor vehicle liability insurance in this state, to or for the benefit of the * * * insured.

(2) Such owner's certified motor vehicle liability insurance policy:

(a) Shall designate by explicit description or by appropriate reference all motor vehicles * * * to which coverage is extended.

(b) Shall pay on behalf of the insured * * * and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, all sums which the insured shall become legally obligated to pay as damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, required for proof of financial responsibility for each * * * motor vehicle * * *.

(3) Such certified motor vehicle liability insurance policy shall pay on behalf of the insured named therein all sums which the insured shall become legally obligated to pay as damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance.

(4) Such certified motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is * * * in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

(5) Such certified motor vehicle liability policy shall not insure:

(a) Any obligation for which the insured or any company as his insurer may be held liable under any workers' compensation law;

(b) Any liability on account of bodily injury to or death of any employee of the insured while engaged in the employment, other than domestic, of the insured, or in domestic employment if benefits * * * are either payable or required to be provided under any workers' compensation law; or

(c) Any liability because of injury to or destruction of property owned by, rented to, in charge of or transported by the insured.

(6) Every certified motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:

(a) The liability of the insurance company for the insurance required by this chapter shall become absolute whenever injury or damage covered by the certified motor vehicle liability policy occurs; the certified policy may not be canceled or annulled as to such liability by any agreement between the insurance company and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the certified policy shall defeat or void the certified policy;

(b) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance company to make payment on account of such injury or damage;

(c) The insurance company shall have the right to settle any claim covered by the certified policy, and if such settlement is made in good faith, the amount * * * shall be deductible from the limits of liability specified in paragraph (b) of subsection (2) of this section; or

(d) The certified policy, the written application therefor, if any, and any rider or endorsement which does not conflict with this chapter shall constitute the entire contract between the parties.

(7) Any certified policy which grants the coverage required for a certified motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a certified motor vehicle liability policy, and such excess or additional coverage shall not be subject to * * * this chapter. If a certified policy * * * grants such excess or additional coverage, the term "certified motor vehicle liability policy" shall apply only to that part of the coverage which is required by this section.

(8) Any certified motor vehicle liability policy may provide that the insured shall reimburse the insurance company for any payment the insurance company would not have been obligated to make under the terms of the certified policy except for the provisions of this chapter.

(9) Any certified motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

(10) The requirements for a certified motor vehicle liability policy may be fulfilled by the policies of one or more insurance companies which policies together meet such requirements.

(11) Any binder issued pending the issuance of a certified motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.

(12) This section as it defines, restricts and limits the provisions of a "certified motor vehicle liability policy," applies only to policies issued and certified as proof of financial responsibility following an accident as required by Section 63-15-11(2) and Section 63-15-15, and as provided in Section 63-15-37, Section 63-15-39 or Section 63-15-41. This section shall not apply to a policy of motor vehicle liability insurance issued as proof of financial responsibility in compliance with Section 63-15-4.

SECTION 13. Section 63-15-51, Mississippi Code of 1972, is amended as follows:

63-15-51. (1) Proof of financial responsibility may be evidenced by the certificate of the State Treasurer that the person named therein has deposited with him * * * in cash, or securities such as may legally be purchased by savings banks or for trust funds in an amount required for proof of financial responsibility. The State Treasurer shall not accept any such deposit and issue a certificate therefor and the department shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

(2) Such deposit shall be held by the State Treasurer to satisfy, in accordance with * * * this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.

SECTION 14. Section 83-11-101, Mississippi Code of 1972, is amended as follows:

83-11-101. (1) No automobile liability insurance policy or contract shall be issued or delivered after January 1, 1967, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages for bodily injury or death from the owner or operator of an uninsured motor vehicle, within limits which shall be no less than those set forth in Section 63-15-3(l), under provisions approved by the Commissioner of Insurance; however, at the option of the insured, the uninsured motorist limits may be increased to limits not to exceed those provided in the policy of bodily injury liability insurance of the insured or such lesser limits as the insured elects to carry over the minimum requirement set forth by this section. The coverage herein required shall not be applicable where any insured named in the policy shall reject the coverage in writing and provided further, that unless the named insured requests such coverage in writing, such coverage need not be provided in any renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer.

(2) No automobile liability insurance policy or contract shall be issued or delivered after January 1, 1980, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages for property damage from the owner or operator of an uninsured motor vehicle, within limits which shall be no less than those set forth in Section 63-15-3(l), under provisions approved by the Commissioner of Insurance; however, at the option of the insured, the uninsured motorist limits may be increased to limits not to exceed those provided in the policy of property damage liability insurance of the insured or such lesser limits as the insured elects to carry over the minimum requirement set forth by this section. The coverage herein required shall not be applicable where any insured named in the policy shall reject the coverage in writing and provided further, that unless the named insured requests such coverage in writing, such coverage need not be provided in any renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer.

The property damage provision may provide an exclusion for the first Two Hundred Dollars ($200.00) of such property damage; however, the uninsured motorist provision need not insure any liability for property damage, for which loss the policyholder has been compensated by insurance or otherwise.

(3) The insured may reject the property damage liability insurance coverage required by subsection (2) and retain the bodily injury liability insurance coverage required by subsection (1), but if the insured rejects the bodily injury liability coverage he may not retain the property damage liability coverage. No insured may have property damage liability insurance coverage under this section unless he also has bodily injury liability insurance coverage under this section.

SECTION 15. (1) Each person who applies for registration of a motor vehicle, or who applies for renewal of a registration, shall provide proof of a valid driver's license.

(2) The Commissioner of Public Safety shall adopt rules to implement the provisions of this section. The rules shall prescribe the types of documentation necessary for proof of a valid driver's license and may provide exemptions to the provisions of this section.

(3) The provisions of this section shall not apply to renewals of registration by mail.

SECTION 16. This act shall take effect and be in force from and after January 1, 2001.