Bill Text: MS HB1245 | 2011 | Regular Session | Introduced
Bill Title: Motor vehicle liability insurance; require insurers to notify Department of Public Safety in event of lapse.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2011-02-01 - Died In Committee [HB1245 Detail]
Download: Mississippi-2011-HB1245-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Insurance
By: Representatives Monsour, Carpenter, Woods
House Bill 1245
AN ACT TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO REQUIRE INSURANCE COMPANIES THAT PROVIDE MOTOR VEHICLE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN THE STATE TO PROVIDE THE DEPARTMENT OF PUBLIC SAFETY WITH DESCRIPTIONS OF THE COVERED VEHICLES AND TO NOTIFY THE DEPARTMENT OF PUBLIC SAFETY WHEN A MOTOR VEHICLE LIABILITY INSURANCE POLICY LAPSES; TO PROVIDE THAT IF THE DEPARTMENT OF PUBLIC SAFETY IS UNABLE TO VERIFY THE EXISTENCE OF MOTOR VEHICLE LIABILITY INSURANCE, THE DEPARTMENT SHALL NOTIFY THE OWNER OF THE VEHICLE OF SUCH FACT; TO PROVIDE THAT THE PERSON TO WHOM THE NOTICE IS ADDRESSED SHALL HAVE THIRTY DAYS AFTER RECEIPT OF SUCH NOTICE TO PROVIDE PROOF OF MOTOR VEHICLE LIABILITY INSURANCE FOR THE MOTOR VEHICLE IN QUESTION; TO PROVIDE THAT IF THE PERSON FAILS TO PROVIDE PROOF OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE WITHIN THE TIME PROVIDED, THE DEPARTMENT OF PUBLIC SAFETY SHALL SUSPEND THE REGISTRATION OF THE MOTOR VEHICLE AND THE PERSON'S DRIVER'S LICENSE UNTIL HE PROVIDES PROOF OF MOTOR VEHICLE LIABILITY INSURANCE FOR THE VEHICLE; 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 Five Hundred Dollars ($500.00) 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. The funds from such fines shall be deposited in the State General Fund in the State Treasury. However, if such fines are levied in a municipal court, fifty percent (50%) of the funds from such fines shall be deposited in the general fund of the municipality. If such fines are levied in any of the courts of the county, fifty percent (50%) of the funds from such fines shall be deposited in the general fund of the county.
(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 One Hundred Dollars ($100.00). 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) (a) All insurance companies issuing motor vehicle liability insurance policies covering motor vehicles registered in the State of Mississippi shall provide the department with the effective dates of each policy and a description of the motor vehicles covered. The description of the motor vehicle shall include, but shall not be limited to, the vehicle identification number (VIN). If any motor vehicle liability insurance policy is canceled, terminated, withdrawn, allowed to lapse or otherwise made ineffective on any motor vehicle, then within fifteen (15) days of such occurrence, the insurance company shall notify the department that the motor vehicle is no longer covered by liability insurance.
(b) Upon receipt of the notification required under paragraph (a) of this subsection, the department shall search its records and determine whether it has on file any information indicating the existence of liability insurance for such motor vehicle. If the department's search of its records fails to show the existence of liability insurance for the motor vehicle, the department shall notify in writing the person who is the subject of the inquiry at his last known driver's license address and inform him that the department's records indicate that the motor vehicle in question is not covered by liability insurance. The person to whom the notice is addressed shall have thirty (30) days after receipt of such notice to respond and provide proof of motor vehicle liability insurance for the motor vehicle in question. If the person fails to provide proof of motor vehicle liability insurance coverage within the time provided, the department shall suspend the registration of the motor vehicle and such person's driver's license until he provides proof of motor vehicle liability insurance for the vehicle.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
