Bill Amendment: MS HB445 | 2024 | Regular Session
Bill Title: Driver's license; restore ability to suspend for certain traffic violations.
Status: 2024-03-14 - Died On Calendar [HB445 Detail]
Download: Mississippi-2024-HB445-House_Amendment_No_1_Cmte_Sub_.html
Lost
AMENDMENT NO 1 PROPOSED TO
Cmte Sub for House Bill No. 445
BY: Representative Owen
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 63-1-53, Mississippi Code of 1972, is amended as follows:
63-1-53. (1) Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of this title, or upon failure of any person to pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to such person by United States first-class mail at his last known address advising such person that, if within ninety (90) days after such notice is deposited in the mail, the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of the Department of Revenue to be applied as a lien against any income tax returns or monies owed to the person. If within ninety (90) days after the notice is given in accordance with this subsection such person has not satisfactorily disposed of the matter pending before the court, then the Commissioner of the Department of Public Safety shall send notice of the matter to the Commissioner of the Department of Revenue who shall place a lien for the unpaid amount against any income tax returns or other monies designated by the Department of Revenue for that person, and pursue collection as for any other delinquent payment, and shall be entitled to collection of all additional fees in accordance with subsection (4) of this section.
(2) The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(e) Is incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license;
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation; or
(h) Has committed a violation for which mandatory revocation of license is required upon conviction, entering a plea of nolo contendere to, or adjudication of delinquency, pursuant to the provisions of subsection (1) of Section 63-1-71.
(3) Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practicable, but not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.
(4) If a licensee has not paid all cash appearance bonds authorized under Section 99-19-3 or all fines, fees or other assessments levied as a result of a violation of this title within ninety (90) days after receiving notice of the licensee's failure to pay all fines, fees or other assessments as provided in subsection (1) of this section, the court is authorized to pursue collection under Section 21-17-1(6) or 19-3-41(2) as for any other delinquent payment, and shall be entitled to collection of all additional fees authorized under those sections.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 63-1-53, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF REVENUE TO CREATE A LIEN AGAINST INCOME TAX RETURNS FOR PAST DUE UNPAID TRAFFIC FEES AND FINES; AND FOR RELATED PURPOSES.
