Bill Text: MS HB407 | 2010 | Regular Session | Introduced

Mississippi House Bill 407 (Prior Session Legislation)

Introduced

Bill Title: Motor vehicle liability insurance; increase penalty for failure to provide proof of, revise distribution of funds from fines.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2010-02-02 - Died In Committee [HB407 Detail]

Download: Mississippi-2010-HB407-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary B; Appropriations

By: Representative Robinson

House Bill 407

AN ACT TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR FAILURE TO PROVIDE PROOF OF MOTOR VEHICLE LIABILITY INSURANCE; TO REVISE THE DISTRIBUTION OF FUNDS FROM THAT PENALTY TO PROVIDE THAT A PORTION OF THE FUNDS SHALL BE DEPOSITED INTO THE MISSISSIPPI TRAUMA CARE SYSTEMS FUND; TO AMEND SECTION 41-59-75, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; 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;

(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 Ten Dollars ($510.00) 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, except for Ten Dollars ($10.00) of the funds which shall be deposited in the Mississippi Trauma Care Systems Fund established in Section 41-59-75. However, if such fines are levied in a municipal court, fifty percent (50%) of the funds from such fines, except the funds deposited into the Mississippi Trauma Care Systems Fund, 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, except the funds deposited into the Mississippi Trauma Care Systems Fund, 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.

SECTION 2. Section 41-59-75, Mississippi Code of 1972, is amended as follows:

41-59-75. (1) The Mississippi Trauma Care Systems Fund is established. Fifteen Dollars ($15.00) collected from each assessment of Twenty Dollars ($20.00) under subsection (1) of Section 99-19-73 and Thirty Dollars ($30.00) collected from each assessment of Forty-five Dollars ($45.00) under subsection (2) of Section 99-19-73, as provided in Section 41-59-61, Ten Dollars ($10.00) collected from each fine under Section 63-15-4(4), and any other funds made available for funding the trauma care system, shall be deposited into the fund. Funds appropriated from the Mississippi Trauma Care Systems Fund to the State Board of Health shall be made available for department administration and implementation of the comprehensive state trauma care plan for distribution by the department to designated trauma care regions for regional administration, for the department's trauma specific public information and education plan, and to provide hospital and physician indigent trauma care block grant funding to trauma centers designated by the department. All designated trauma care hospitals are eligible to contract with the department for these funds.

(2) The Mississippi Trauma Care Escrow Fund is created as a special fund in the State Treasury. Whenever the amount in the Mississippi Trauma Care Systems Fund exceeds Twenty-five Million Dollars ($25,000,000.00) in any fiscal year, the State Fiscal Officer shall transfer the amount above Twenty-five Million Dollars ($25,000,000.00) to the Trauma Care Escrow Fund. Monies in the Trauma Care Escrow Fund shall not lapse into the State General Fund at the end of the fiscal year, and all interest and other earnings on the monies in the Trauma Care Escrow Fund shall be deposited to the credit of the Trauma Care Escrow Fund.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.