Senate Bill 2199

AN ACT TO AUTHORIZE THE DRIVER SERVICES DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO WRITTEN AGREEMENTS CALLING FOR THE DIVISION TO MONITOR THE DRIVING RECORD OF PERSONS HOLDING A MISSISSIPPI DRIVER'S LICENSE AND PROVIDE A MONTHLY REPORT REGARDING CHANGES IN THE DRIVING RECORD TO INSURANCE COMPANIES LICENSED TO DO BUSINESS IN THIS STATE; TO PROVIDE FOR THE CONTENTS OF SUCH REPORTS; TO PROVIDE THAT SUCH REPORTS SHALL BE USED BY INSURANCE COMPANIES SOLELY FOR THE PURPOSE OF REINSURANCE OF CURRENT POLICY HOLDERS; TO AUTHORIZE A FEE TO BE CHARGED FOR SUCH REPORTS; TO AMEND SECTION 45-1-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Driver Services Division of the Department of Public Safety is authorized to enter into written agreements calling for the division to monitor the driving record of persons holding a Mississippi driver's license and provide a monthly report regarding changes in the driving record to insurance companies licensed to do business in this state, or their agent.

(2) The driver monitoring report provided pursuant to this section shall only identify whether a traffic violation has been posted to the driving record within the most recent month and shall not identify the specific change or changes that have occurred with regard to that record. The Driver Services Division may increase periods of violation monitoring by contractual agreement with insurance companies or their agents.

(3) The driver monitoring report provided pursuant to this section shall be used by insurance companies solely for the purpose of reinsurance of current policy holders. Any insurance company requiring driving record information for purposes other than reinsurance shall obtain that information as otherwise provided by law.

(4) The Driver Services Division is authorized to charge a fee of not less than Twelve Cents (l2¢) and not more than Nineteen (l9¢) per month for each driver record monitored pursuant to an agreement authorized by this section. Half of the fees collected under this section shall be paid into the General Fund of the State Treasury in accordance with the provisions of Section 45-1-23(2), and half of the fees shall be retained by the Department of Public Safety.

SECTION 2. Section 45-1-21, Mississippi Code of 1972, is amended as follows:

45-1-21. (1) (a) The Mississippi Department of Public Safety being required by law to keep various records and perform various services and being authorized to furnish certain records and services, the department, by direction of the Commissioner of Public Safety, shall, unless the fee for such record is otherwise established by law, establish and collect for such services a proper fee, commensurate with the service rendered and the cost of the service for the furnishing of any record or abstract thereof in the Department of Public Safety now or which may hereafter be required by law to be kept by * * *~~said~~ the department, any photograph or photo copy or any report of any kind authorized by law, including services for polygraph tests and reports thereof.

(b) No records shall be furnished by the Mississippi Department of Public Safety which are classified as confidential by law. All fees collected under this section shall be paid into the General Fund of the State Treasury in accordance with the provisions of Section 45-1-23(2).

(2) (a) (i) The Commissioner of Public Safety, by rule duly filed with the Secretary of State under the Administrative Procedures Act, may establish a card stock fee to be paid by an applicant when specifically authorized by statute for producing a license, permit or identification card bearing the likeness of the applicant. The card stock fee shall be the actual cost of producing the license, permit or identification card as set by contract rounded off to the next highest dollar.

(ii) The administrative rule filing shall include either:

1. A copy of the contract governing the actual cost of producing the license permit or identification card, from which nonpublic information may be redacted; or

2. An abstract of the pertinent parts of the contract verified to be correct by the person responsible for the administrative rule filing.

(b) Monies collected for the card stock fee shall be deposited into a special card stock fee account which the Department of Public Safety shall use to pay the actual cost of producing the licenses and identification cards. Any monies collected in excess of the actual costs of the card stock fee may be used by the department to defray the cost of future photography, fraud deterrence and driver's license technology initiatives. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund.

SECTION 3. This act shall take effect and be in force from and after January 1, 2017.