Bill Text: MS HB1022 | 2026 | Regular Session | Introduced
Bill Title: Traffic fines for seatbelt and child safety restraint violations; increase and provide for distribution of between SDE and DPS.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB1022 Detail]
Download: Mississippi-2026-HB1022-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary B; Appropriations A
By: Representative Newman
House Bill 1022
AN ACT TO AMEND SECTIONS 63-2-7 AND 63-7-309, MISSISSIPPI CODE OF 1972, TO INCREASE THE FINES FOR SEATBELT AND CHILD SAFETY RESTRAINT VIOLATIONS TO $100.00 FOR EACH VIOLATION; TO PROVIDE FOR THE EQUAL DISTRIBUTION OF FINES COLLECTED FOR SUCH VIOLATION BETWEEN THE STATE DEPARTMENT OF EDUCATION AND THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY FOR PURPOSES OF FUNDING DRIVER'S EDUCATION AND TRAINING; TO BRING FORWARD SECTIONS 63-2-1 AND 63-7-301, 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 63-2-7, Mississippi Code of 1972, is amended as follows:
63-2-7. (1) A violation of
this chapter shall be a misdemeanor, punishable by a fine of * * * One
Hundred Dollars ($100.00) upon conviction; however, only the operator of a
vehicle may be fined for a violation of this chapter by the operator and any
passengers. The maximum fine that may be imposed against the operator of a
vehicle for a violation of this chapter by the operator or for a violation of
this chapter by one or more passengers shall be * * * One
Hundred Dollars ($100.00) in the aggregate.
(2) A violation of this chapter shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.
(3) Fines collected for violations of this chapter shall be distributed equally between the State Department of Education and the Mississippi Department of Public Safety for the purpose of funding driver's education and training.
SECTION 2. Section 63-7-309, Mississippi Code of 1972, is amended as follows:
63-7-309. (1) Any
person convicted of violating the provisions of Section 63-7-301 shall be fined
not more than * * * One Hundred Dollars ($100.00) for each
offense.
(2) Fines collected for violations of Section 63-7-301 shall be distributed equally between the State Department of Education and the Mississippi Department of Public Safety for the purpose of funding driver's education and training.
SECTION 3. Section 63-2-1, Mississippi Code of 1972, is brought forward as follows:
63-2-1. (1) When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator and every passenger shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208.
(2) "Passenger motor vehicle" for purposes of this chapter means a motor vehicle designed to carry fifteen (15) or fewer passengers, including the driver, but does not include motorcycles that are not autocycles as defined in Section 63-3-103, mopeds, all-terrain vehicles or trailers.
(3) This section shall not apply to:
(a) Vehicles which may be registered for "farm" use, including "implements of husbandry" as defined in Section 63-21-5(d), and "farm tractors" as defined in Section 63-3-105(a);
(b) An operator or passenger possessing a written verification from a licensed physician that he is unable to wear a safety belt system for medical reasons;
(c) A passenger car operated by a rural letter carrier of the United States Postal Service or by a utility meter reader while on duty;
(d) Buses; or
(e) A child who is required to be protected by the use of a child passenger restraint device or system or a
belt-positioning booster seat system under the provisions of Sections 63-7-301 through 63-7-311.
SECTION 4. Section 63-7-301, Mississippi Code of 1972, is brought forward as follows:
63-7-301. (1) (a) Every person transporting a child under the age of four (4) years in a passenger motor vehicle, and operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a child passenger restraint device or system meeting applicable federal motor vehicle safety standards.
(b) Every person transporting a child in a passenger motor vehicle operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a belt positioning booster seat system meeting applicable federal motor vehicle safety standards if the child is at least four (4) years of age, but less than seven (7) years of age and measures less than four (4) feet nine (9) inches in height or weighs less than sixty-five (65) pounds.
(c) If more than two (2) children who are required under subsection (1) of this section to use a booster seat are being transported in a vehicle at one time, and the vehicle only has two (2) lap and shoulder belts in the rear seat, then only the two (2) children sitting in the seats with the lap and shoulder belts are required to use a belt positioning booster seat system and safety belt, and any other children may be secured with a safety seat lap belt only.
(2) The term "passenger motor vehicle" as used in Sections 63-7-301 through 63-7-311 has the same meaning as defined in Section 63-2-1(2). Sections 63-7-301 through 63-7-311 do not apply to the vehicles described in Section 63-2-1(3).
(3) Failure to provide and use a child passenger restraint device or system or a belt positioning booster seat system shall not be considered contributory or comparative negligence.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.
