House Bill 1407

AN ACT TO AMEND SECTION 63-16-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE TAX ASSESSORS TO ACCESS THE ELECTRONIC MOTOR VEHICLE INSURANCE VERIFICATION SYSTEM; TO REENACT AND AMEND SECTION 63-16-9, MISSISSIPPI CODE OF 1972, WHICH WAS REPEALED BY OPERATION OF LAW IN 2015, TO REQUIRE MOTOR VEHICLE LIABILITY INSURANCE COVERAGE IN AT LEAST THE MINIMUM AMOUNTS REQUIRED BY LAW BEFORE A MOTOR VEHICLE OWNER MAY RENEW A REGISTRATION; TO AMEND SECTION 17-25-19, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE BOARD OF SUPERVISORS OF ANY COUNTY OR THE GOVERNING AUTHORITY OF ANY MUNICIPALITY FROM ENACTING OR ENFORCING ORDINANCES AUTHORIZING THE USE OF AUTOMATED RECORDING EQUIPMENT OR SYSTEMS TO ENFORCE COMPLIANCE WITH AUTOMOBILE INSURANCE REQUIREMENTS; TO BRING FORWARD SECTION 63-16-3, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-16-7, Mississippi Code of 1972, is amended as follows:

63-16-7. (1) The Department of Public Safety, hereinafter referred to in this section as "department," shall administer and enforce the provisions of this chapter, as applicable, and shall make rules necessary for the administration of the motor vehicle insurance verification system created under Section 63-16-3.

(2) The rules must:

(a) Establish standards and procedures for accessing the system by authorized personnel of the department, the courts, law enforcement personnel, tax assessors and any other entities authorized by the department that are consistent with specifications and standards of the Insurance Industry Committee on Motor Vehicle Administration and other applicable industry standards;

(b) Provide for the suspension of a driver's license when required by this chapter;

(d) Provide for insurance information from insurers, not more often than every thirty (30) days, to identify motor vehicle insurance policy information; however, no insurer shall be required to provide such information in a format other than those set forth by the Insurance Industry Committee on Motor Vehicle Administration "Insurance Data Transfer Guide," as amended.

(3) The department may adopt additional rules to:

(a) Assist authorized users in interpreting responses received from the motor vehicle insurance verification system and determining the appropriate action to be taken as a result of a response; and

(b) Otherwise clarify system operations and business rules.

SECTION 2. Section 63-16-9, Mississippi Code of 1972, which was repealed by operation of law in 2015, is reenacted and amended as follows:

63-16-9. Every owner of a motor vehicle in this state shall comply with the motor vehicle liability insurance coverage in at least the minimum amounts required under Section 63-15-3(j) before that owner may * * *~~receive~~ renew a registration for a motor vehicle * * * ~~or renew a registration~~. The owner must also maintain continuous coverage in at least the minimum amounts required under Section 63-15-3(j) throughout the registration period. * * * The Department of Revenue shall promulgate rules and regulations necessary to enforce this section.

SECTION 3. Section 17-25-19, Mississippi Code of 1972, is amended as follows:

17-25-19. (1) (a) Neither the board of supervisors of any county nor the governing authority of any municipality shall adopt, enact or enforce any ordinance authorizing the use of automated recording equipment or system to enforce compliance with automobile insurance requirements, traffic signals, traffic speeds or other traffic laws, rules or regulations on any public street, road or highway within this state or to impose or collect any civil or criminal fine, fee or penalty for any such violation.

(b) Any county or municipality using automated recording equipment or system shall remove the equipment or system before October 1, 2009.

(c) Any county or municipality using automated recording equipment or system to enforce compliance with automobile insurance requirements shall remove the equipment or system before October 1, 2024.

(2) For the purposes of this section, the term "automated recording equipment or system" means a camera or optical device installed to work in conjunction with a traffic control signal or radar speed detection equipment, or both, and designed to record images that depict the license plate attached to the rear of a motor vehicle that is not operated in compliance with instructions of the traffic control signal or the posted speed limit.

SECTION 4. Section 63-16-3, Mississippi Code of 1972, is brought forward as follows:

63-16-3. (1) The Department of Public Safety, hereinafter referred to in this section as "department," in cooperation with the Commissioner of Insurance and the Department of Revenue, shall establish an accessible common carrier-based motor vehicle insurance verification system to verify the compliance of a motor vehicle with motor vehicle liability policy requirements under the Mississippi Motor Vehicle Safety-Responsibility Law.

(2) The department, in cooperation with the Department of Revenue if applicable, may contract with a private vendor or vendors to establish and maintain the system.

(3) The system must:

(a) Send requests to insurers for verification of motor vehicle liability insurance using electronic services established by the insurers through the Internet, World Wide Web, or a similar proprietary or common carrier electronic system in compliance with the specifications and standards of the Insurance Industry Committee on Motor Vehicle Administration and other applicable industry standards;

(b) Include appropriate provisions to secure its data against unauthorized access and to maintain a record of all requests and responses;

(c) Be accessible, without fee, to authorized personnel of the department, the courts, law enforcement personnel, and other entities authorized by the department under the provisions of Section 63-16-7;

(d) Be able to interface with existing department systems;

(e) Be able to be accessed by authorized users via a secure web browser;

(f) Not more often than every thirty (30) days, receive insurance information from insurers under specifications and standards set forth in paragraph (a) of this subsection or other data file formats as approved by the department to identify motor vehicle insurance policy information; however, no insurer shall be required to provide information in a format other than those set forth by the Insurance Industry Committee on Motor Vehicle Administration "Insurance Data Transfer Guide," as amended;

(g) Provide a means by which low-volume insurers that are unable to deploy an online interface with the system can report insurance policy data to the department or their designee for inclusion in the system;

(h) Provide a means to track separately or distinguish motor vehicles that are subject to a certificate of insurance under Section 63-15-39 or 63-15-41, a certificate of self-insurance under Section 63-15-53, a bond under Section 63-15-49, or a certificate of deposit of money or securities under Section 63-15-51;

(i) Distinguish motor vehicles that are exempt from the provisions of this chapter;

(j) Be available twenty-four (24) hours a day, seven (7) days a week, subject to reasonable allowances for scheduled maintenance or temporary system failures, to verify the insurance status of any motor vehicle in a manner prescribed by the department; and

(k) Be installed and operational not later than March 1, 2016, followed by an appropriate testing period of not less than six (6) months.

(4) Every insurer shall cooperate with the department and the Insurance Department in establishing and maintaining the system and shall provide motor vehicle liability policy status and information to verify liability coverage for a motor vehicle insured by that company that is registered in this state.

(5) Records and information gathered by or stored in the system are exempt from the Mississippi Public Records Act of 1983.

SECTION 5. This act shall take effect and be in force from and after July 1, 2024.