MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Insurance
By: Representative Formby, Beckett, Wells-Smith, Snowden, Upshaw
AN ACT TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO MAINTAIN A DATABASE OF INSURED MOTORISTS; TO PROVIDE THAT LAW ENFORCEMENT OFFICERS MAY ASK FOR PROOF OF INSURANCE AT ROADBLOCKS; TO PROVIDE THAT A PORTION OF THE FINES LEVIED IN MUNICIPAL COURT OR ANY OF THE COURTS OF THE COUNTY ON PERSONS WHO DO NOT HAVE PROOF OF MOTOR VEHICLE LIABILITY INSURANCE SHALL BE DEPOSITED IN THE GENERAL FUND OF THE MUNICIPALITY OR THE COUNTY; TO REVISE CERTAIN FEES FOR FAILURE TO HAVE INSURANCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-15-4, Mississippi Code of 1972, is amended as follows:
63-15-4. (1) The following vehicles are exempted from the requirements of this section:
(a) Vehicles exempted by Section 63-15-5;
(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; and
(d) Implements of husbandry.
(2) (a) Every motor vehicle operated in this state shall have an insurance card maintained in the vehicle as proof of liability insurance that is in compliance with the liability limits required by Section 63-15-3(j). The insured parties shall be responsible for maintaining the insurance card in each vehicle.
(b) An insurance company issuing a policy of motor vehicle liability insurance as required by this section shall furnish to the insured an insurance card for each vehicle at the time the insurance policy becomes effective.
(c) The Department of Public Safety shall maintain a database of insured motorists. An insurance company issuing a policy of motor vehicle liability insurance as required by this section shall furnish to the Department of Public Safety information on each policy written for each insured motorist within thirty (30) business days of issuing the coverage. The insurance company shall notify the Department of Public Safety within fifteen (15) business days of the date when liability insurance or security is recalled, reinstated or terminated or when there is a changed binder on vehicles registered in Mississippi. The Commissioner of Insurance shall notify the Department of Public Safety when an authorized company ceases to do business in Mississippi due to bankruptcy or liquidation.
(3) Upon stopping a motor vehicle for any other statutory violation, a law enforcement officer, who is authorized to issue traffic citations, shall verify that the insurance card required by this section is in the motor vehicle. However, no driver shall be stopped or detained solely for the purpose of verifying that an insurance card is in the motor vehicle unless the stop is part of an authorized vehicle checkpoint.
(4) Failure of the owner or the operator of a motor vehicle to have the insurance card in the motor vehicle is a misdemeanor and, upon conviction, is punishable by a fine of Five Hundred Dollars ($500.00) and suspension of driving privilege for a period of one (1) year or until the owner of the motor vehicle shows proof of liability insurance that is in compliance with the liability limits required by Section 63-15-3(j) for the first offense. Second and subsequent convictions shall be punishable by a fine of One Thousand Dollars ($1,000.00) and suspension of driving privilege for a period of one (1) year. Fraudulent use of an insurance card shall be punishable in accordance with Section 97-7-10. Except as otherwise provided herein, the funds from such fines shall be deposited in the State General Fund in the State Treasury; however, three percent (3%) of the funds collected for violations of this section shall be deposited into a special fund in the State Treasury to the credit of the Department of Public Safety for the purpose of administering this section. If such fines are levied in a municipal court, twenty-five percent (25%) of the remaining funds from such fines shall be deposited in the General Fund of the municipality. If such fines are levied in any of the courts of the county, twenty-five percent (25%) of the remaining funds from such fines shall be deposited in the general fund of the county.
(5) If, at the hearing date or the date of payment of the fine, the motor vehicle owner shows proof of motor vehicle liability insurance which was in effect on the date of the citation in the amounts required by Section 63-15-3(j), the fine shall be waived; if the motor vehicle owner shows proof of motor vehicle liability insurance which went into effect after the date of the citation in the amounts required by Section 63-15-3(j), the fine shall be reduced to Two Hundred Fifty Dollars ($250.00) for the first offense and Five Hundred Dollars ($500.00) for any second or subsequent offense; however, the penalty providing for the suspension of the driving privilege shall not be reduced.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.