MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Insurance
By: Senator(s) Clarke
AN ACT TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT A MOTORIST IDENTIFICATION DATABASE PROGRAM FOR THE PURPOSE OF IDENTIFYING UNINSURED MOTORISTS IN THIS STATE, TO INCREASE THE AMOUNT OF FINES IMPOSED FOR FAILING TO HAVE PROOF OF LIABILITY INSURANCE, AND TO PROVIDE THAT A PORTION OF SUCH FINES SHALL BE DEPOSITED INTO THE STATE TRAUMA SYSTEM FUND; 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.
(3) Upon stopping a motor vehicle at a roadblock where all passing motorists are checked as a method to enforce traffic laws or 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 such roadblock.
(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 One Thousand Dollars ($1,000.00) 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). Fraudulent use of an insurance card shall be punishable in accordance with Section 97-7-10. Fifty percent (50%) of the funds from such fines shall be deposited in the State General Fund and fifty percent (50%) in the State Trauma Fund. However, if such fines are levied in a municipal court, one-third (1/3) of the funds from such fines shall be deposited in the general fund of the municipality and the remainder shall be divided equally between the State General Fund and the State Trauma Fund. If such fines are levied in any of the courts of the county, one-third (1/3) of the funds from such fines shall be deposited in the general fund of the county and the remainder shall be divided equally between the State General Fund and the State Trauma Fund.
(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 in the amounts required by Section 63-15-3(j), the fine shall be reduced to Two Hundred Dollars ($200.00). If the owner shows proof that such insurance was in effect at the time of citation, the case shall be dismissed as to the defendant with prejudice and all court costs shall be waived against the defendant.
(6) The Department of Public Safety shall implement a motorist identification database program for the purpose of identifying uninsured motorists in this state. The department may contract with a private vendor to implement the program. Such vendor shall have experience in managing state liability insurance programs and in managing large-scale data management services. The Commissioner of Public Safety, or his designee, shall convene a work group consisting of representatives of the insurance industry, the Department of Insurance and the Department of Public Safety to develop a plan for the program. The Department of Public Safety shall be responsible for requesting any appropriate information from insurance companies on a recurring basis necessary to compile and maintain the database. All insurance companies issuing a policy of motor vehicle liability insurance as required by this section shall cooperate with the Department of Public Safety to maintain up-to-date information needed for the database. The Commissioner of Insurance shall notify the Department of Public Safety when a motor vehicle liability insurer ceases to do business in Mississippi.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.