MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Insurance
By: Representative Chism
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 AND TO REQUIRE LICENSED DRIVERS TO RESPOND TO AN INSURANCE QUESTIONNAIRE SHOWING PROOF OF LIABILITY INSURANCE AS REQUIRED BY THE MOTOR VEHICLE SAFETY-RESPONSIBILITY ACT; TO REQUIRE LAW ENFORCEMENT OFFICERS TO REMOVE THE VEHICLE TAG FROM LAWFULLY DETAINED VEHICLES IF THE OWNER OR OPERATOR DOES NOT SHOW THE REQUIRED PROOF OF INSURANCE; TO AMEND SECTION 63-1-46, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A FEE FOR REINSTATEMENT OF LICENSE SUBSEQUENT TO SUSPENSION OR REVOCATION PURSUANT TO THE MOTOR VEHICLE SAFETY-RESPONSIBILITY ACT; 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 when liability insurance or security is recalled, reinstated, terminated or if 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.
(d) The Commissioner of Public Safety shall prescribe rules and the method under which licensed drivers/vehicle owners are required to respond to an insurance questionnaire showing proof of liability insurance as required by this section. If the licensed driver/vehicle owner fails to respond within thirty (30) days from receipt of the questionnaire, the driver's license of the individual shall be suspended and a reinstatement fee in the amount of Two Hundred Fifty Dollars ($250.00) shall be charged to reinstate the driver's license.
(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. If the owner or operator of the motor vehicle does not show proof of insurance as required by this section and the law enforcement officer is not able to verify the existence of such insurance at the time of the stop, the law enforcement officer shall remove the tag from the vehicle and place a "no proof of insurance" sticker on the back windshield. The tag removed from the vehicle and a copy of the citation issued shall be delivered to the Highway Safety Patrol District Office or a permanent full-time Department of Public Safety driver's license station by the issuing law enforcement officer, or his designee as authorized by the Commissioner of Public Safety, within ten (10) business days of the date of ticket issuance. After ten (10) business days, the motor vehicle owner or the operator of the vehicle shall have fifteen (15) business days to show proof of insurance in a manner prescribed by the Commissioner of Public Safety at the Mississippi Highway Patrol District Office or a permanent full-time Department of Public Safety driver's license station and pay a fee of Fifty Dollars ($50.00) to reclaim the tag. If the motor vehicle owner or operator does not report to the designated Mississippi Highway Patrol District Office or a permanent full-time Department of Public Safety driver's license station to show proof of insurance and pay the fee within the fifteen (15) business days, the individual's driver's license shall be suspended.
(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. 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.
(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 prior to 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. Section 63-1-46, Mississippi Code of 1972, is amended as follows:
63-1-46. (1) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been validly suspended, revoked or cancelled. This fee shall be in addition to the fee provided for in Section 63-1-43, Mississippi Code of 1972.
(2) The funds received under the provisions of subsection (1) of this section shall be deposited into the State General Fund in accordance with Section 45-1-23, Mississippi Code of 1972.
(3) In addition to the fee provided for in subsection (1) of this section, an additional fee of Seventy-five Dollars ($75.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.
(4) In addition to the fee provided for in subsection (1) of this section, an additional fee of Two Hundred Fifty Dollars ($250.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been suspended or revoked for a first offense under Section 63-15-4, and an additional fee of Three Hundred Dollars ($300.00) for any second or subsequent offense under Section 63-15-4. * * *
(5) The procedure for the reinstatement of a license issued pursuant to this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.