MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Insurance; Appropriations
By: Representative Chism
AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO SELECT RANDOM SAMPLES OF REGISTRATIONS OF MOTOR VEHICLES, OR OWNERS THEREOF, FOR THE PURPOSE OF VERIFYING WHETHER OR NOT THE MOTOR VEHICLES ARE INSURED; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO SUSPEND THE VEHICLE REGISTRATION OF ANY MOTOR VEHICLE DETERMINED TO BE IN VIOLATION OF THE PROVISIONS OF THE MOTOR VEHICLE SAFETY RESPONSIBILITY LAW; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO FURNISH A LIST OF OWNERS WHOSE LICENSE PLATES HAVE BEEN SUSPENDED PURSUANT TO THE MOTOR VEHICLE SAFETY RESPONSIBILITY LAW TO OFFICIALS AUTHORIZED TO ISSUE MOTOR VEHICLE LICENSE PLATES; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO SUSPEND THE OWNER'S VEHICLE REGISTRATION IF THE DEPARTMENT DETERMINES THAT THE PROOF OF INSURANCE SUBMITTED BY A MOTOR VEHICLE OWNER IS FALSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The department shall select random samples of registrations of motor vehicles subject to this chapter, or owners thereof, for the purpose of verifying whether or not the motor vehicles are insured.
(2) In addition to such general random samples of motor vehicle registrations, the department shall select for verification other random samples including, but not limited to, registrations of motor vehicles owned by persons:
(a) Whose motor vehicle registrations during the preceding four (4) years have been suspended pursuant to Section 63-15-11.
(b) Who during the preceding four (4) years have been convicted of violating Section 63-15-4 while operating vehicles owned by other persons.
(c) Whose driving privileges have been suspended or revoked during the preceding four (4) years.
(d) Who during the preceding four (4) years have received a disposition of supervision by the courts of this state for a violation of the provisions of this chapter.
(3) The department shall send to owners of randomly selected motor vehicles, requests for information about their motor vehicles and liability insurance coverage. The request shall require the owner to state:
(a) Whether or not the motor vehicle was insured on the verification date stated in the department's request, and the reason no insurance existed for the vehicle if not insured;
(b) The name, address and telephone number of the insurance company that insures the motor vehicle;
(c) The effective date of the policy and the expiration date of the policy;
(d) The owner's signature; and
(e) The policy number.
(4) Within thirty (30) calendar days after the department mails a request, the owner to whom it is sent shall furnish the requested information to the department with the owner's signed and dated affirmation that such information is true and correct. Proof of insurance in effect on the verification date, as prescribed by the department, may be considered by the department to be a satisfactory response to the request for information.
(5) Any owner whose response indicates that his or her vehicle was not covered by a liability insurance policy in accordance with the liability limits required in Section 63-15-3(j) shall be deemed to have registered or maintained registration of a motor vehicle in violation of that section. Any owner who fails to respond to such a request shall be deemed to have registered or maintained registration of a motor vehicle in violation of liability limits required in Section 63-15-3(j).
(6) If the owner responds to the request for information by asserting that his vehicle was covered by a liability insurance policy on the verification date stated in the department's request, the department may conduct a verification of the response by furnishing necessary information to the insurer named in the response. The insurer shall within thirty (30) calendar days inform the department if on the verification date stated the motor vehicle was not insured by the insurer in accordance with the liability limits required in Section 63-15-3(j).
(7) No random sample selected under this section shall be categorized on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, economic status or geography.
SECTION 2. If the department determines that an owner has registered or maintained the registration of a motor vehicle without a liability insurance policy in compliance with the liability limits in Section 63-15-3(j), the department shall notify the owner that such owner's vehicle registration shall be suspended forty-five (45) calendar days after the date of the mailing of the notice unless the owner within thirty (30) calendar days furnishes proof of insurance in effect on the verification date, as prescribed by the department. The notice shall be in writing and shall be mailed by first class United States Postal Service or by certified mail, return receipt requested, to the owner's last known address.
SECTION 3. (1) The department shall suspend the vehicle registration of any motor vehicle determined to be in violation of the provisions of this chapter, including any motor vehicle operated in violation of Section 63-15-4 by an operator other than the owner of the vehicle. Neither the fact that, subsequent to the date of verification or violation, the owner acquired the required liability insurance policy nor the fact that the owner terminated ownership of the motor vehicle shall have any bearing upon the required suspension.
(2) The registration of any motor vehicle registered in this state shall be suspended upon the department receiving notice of the conviction of the operator of the motor vehicle in another state of an offense which, if committed in this state, would constitute a violation of this chapter. Until it is terminated, any suspension under this chapter shall remain in force even if the registration is renewed or a new registration is acquired for the motor vehicle.
(3) In the case of a first violation, the department shall terminate the suspension upon payment by the owner of a reinstatement fee of One Hundred Dollars ($100.00) in certified funds and submission of proof of insurance as prescribed by the department. Upon a first violation, the owner's name and
identifying information shall be provided to the director by the department, for the purpose of requiring the owner to purchase and maintain insurance pursuant to this chapter for a period of one (1) year.
(4) In the case of a second or subsequent violation by a person having ownership interest in a motor vehicle or vehicles within the preceding four (4) years, or a violation of this chapter, the department shall terminate the suspension four (4) months after its effective date upon payment by the owner of a reinstatement fee of Two Hundred Dollars ($200.00) in certified funds and submission of proof of insurance as prescribed by the department. In the case of a second or subsequent violation, the owner's name and identifying information shall be provided to the director by the department, for the purpose of the director requiring the owner to purchase and maintain insurance pursuant to this chapter for a period of three (3) years.
(5) All fees collected under this section shall be retained by the department for use in the administration of this chapter. Refunds of reinstatement fees shall be granted in cases of duplicate payment, or as approved by the department.
SECTION 4. (1) No later than the tenth day of each month, the department shall provide a current list of owners whose license plates have been suspended pursuant to this chapter to officials authorized to issue motor vehicle license plates or authorized to perform other duties in connection with the issuance of motor vehicle license plates, or both. The department may provide the list electronically to those officials indicating a preference for electronic transmission of information.
(2) All officials authorized by law to register motor vehicles, issue motor vehicle license plates and to perform other duties in connection with the issuance of motor vehicle license plates shall refuse to register or reregister a motor vehicle or refuse to transfer the license plates if the registration is suspended pursuant to this chapter.
(3) Beginning January 1, 2006, all officials authorized by law to issue motor vehicle license plates shall obtain, when issuing or transferring motor vehicle registrations, the driver's license number of the owner of the vehicle, or, if the owner does not have a driver's license number, or for a company or other entity, the federal employer identification number, for inclusion with the motor vehicle registration records in the state and county databases. However, the county shall not include these numbers on the motor vehicle registration receipts. This information shall be used by the department in the administration of the provisions of this chapter.
(4) Officials authorized to issue motor vehicle license plates shall require an affirmation that the owners are in compliance with the liability insurance requirements of this chapter on each registration and on each transfer of registration.
If the county allows renewal by mail or electronic means, it shall allow the owner to indicate compliance with this chapter by including affirmation language as developed by the department on the renewal notice along with a signature line on mail renewals and an alternative method to indicate acceptance of the affirmation on electronic renewals.
SECTION 5. (1) If the department determines that the proof of insurance submitted by a motor vehicle owner under this chapter is false, the department shall suspend the owner's vehicle registration. The department shall terminate the suspension six (6) months after its effective date upon payment by the owner of a reinstatement fee of Two Hundred Dollars ($200.00) in certified funds and submission of proof of insurance as prescribed by the department.
(2) All funds collected under this section shall be retained by the department for use in the administration of this chapter.
SECTION 6. The provisions of this act shall be codified within Chapter 15, Title 63, Mississippi Code of 1972.
SECTION 7. This act shall take effect and be in force from and after July 1, 2005.