MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Transportation; Insurance

By: Representative Cameron

House Bill 235

AN ACT TO CREATE SECTIONS 63-1-70 AND 63-1-91, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF ANY PERSON OPERATES A MOTOR VEHICLE WITHOUT A VALID LICENSE AND AUTOMOBILE LIABILITY INSURANCE AND THE VEHICLE IS INVOLVED IN AN ACCIDENT, THAT PERSON AND CERTAIN OTHER PERSONS SHALL BE BARRED FROM ANY COURT ACTION FOR RECOVERY OF DAMAGES RESULTING FROM THE ACCIDENT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 63-1-70, Mississippi Code of 1972:

63-1-70. If any person operates a motor vehicle without a valid license that is required under this article and a current automobile liability policy and the vehicle is involved in an accident, the person operating the vehicle, the owner of the vehicle, any person, corporation or organization legally responsible for the acts or omissions of the person operating the vehicle or the owner of the vehicle, and any person, corporation or organization who would otherwise have a claim through or on behalf of the person operating the vehicle or the owner of the vehicle as a result of the accident, shall be barred from any action in any court in the state for recovery of damages for any kind of loss resulting from the accident, regardless of who is at fault in the accident.

SECTION 2. The following shall be codified as Section 63-1-91, Mississippi Code of 1972:

63-1-91. If any person operates a motor vehicle without a valid license that is required under this article and a current automobile liability policy and the vehicle is involved in an accident, the person operating the vehicle, the owner of the vehicle, any person, corporation or organization legally responsible for the acts or omissions of the person operating the vehicle or the owner of the vehicle, and any person, corporation or organization who would otherwise have a claim through or on behalf of the person operating the vehicle or the owner of the vehicle as a result of the accident, shall be barred from any action in any court in the state for recovery of damages for any kind of loss resulting from the accident, regardless of who is at fault in the accident.

SECTION 3. This act shall take effect and be in force from and after January 1, 2002, provided that House Concurrent Resolution _____, 2001 Regular Session, is ratified by the electors of the state in the election held in November of 2001.