Bill Text: MS HB485 | 2012 | Regular Session | Introduced

Mississippi House Bill 485 (Prior Session Legislation)

Introduced

Bill Title: Motor vehicle liability insurance; revise laws regarding failure to have insurance card.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [HB485 Detail]

Download: Mississippi-2012-HB485-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Insurance

By: Representative Brown (66th)

House Bill 485

AN ACT TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LAW ENFORCEMENT OFFICERS SHALL IMPOUND OR IMMOBILIZE THE MOTOR VEHICLE BEING OPERATED WITHOUT A PROPER INSURANCE CARD; TO PROVIDE THAT A PERSON CONVICTED OF FAILURE TO HAVE A PROPER INSURANCE CARD MUST SHOW PROOF OF LIABILITY INSURANCE PAID IN TOTAL FOR AT LEAST A SIX-MONTH PERIOD BEFORE THEIR DRIVING PRIVILEGES MAY BE REINSTATED AND THEIR VEHICLE MAY BE RELEASED FROM IMPOUNDMENT OR IMMOBILIZATION; TO DELETE THE PROVISION OF LAW PROVIDING THAT THE FINE FOR FAILURE TO HAVE A PROPER INSURANCE CARD SHALL BE REDUCED TO ONE HUNDRED DOLLARS IF THE PERSON SHOWS PROOF OF LIABILITY INSURANCE AT THE DATE OF THE HEARING OR THE DATE OF PAYMENT OF THE FINE; 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 Dollars ($500.00) and suspension of driving privilege for a period of one (1) year. Additionally, the motor vehicle shall be immediately impounded or immobilized by the law enforcement officer. All costs of impoundment or immobilization shall be paid by the operator of the motor vehicle. Upon showing proof of liability insurance that is in compliance with the liability limits required by Section 63-15-3(j) have been paid in total for at least six (6) months of coverage, and the payment of all fines and costs of impoundment or immobilization, the motor vehicle operator's driving privileges may be reinstated and the vehicle shall be released from impoundment or immobilization. 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 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. This act shall take effect and be in force from and after July 1, 2012.