Bill Text: MS SB2210 | 2017 | Regular Session | Introduced
Bill Title: Motor vehicle liability insurance; authorize seizure of license plate, increase civil penalties for failing to maintain.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-01-31 - Died In Committee [SB2210 Detail]
Download: Mississippi-2017-SB2210-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Insurance; Accountability, Efficiency, Transparency
By: Senator(s) Fillingane
Senate Bill 2210
AN ACT TO AMEND SECTION 63-16-13, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SEIZURE OF THE LICENSE PLATE OF A VEHICLE WHEN THE OPERATOR HAS BEEN FOUND BY A COURT OF FAILING TO HAVE MOTOR VEHICLE LIABILITY INSURANCE IN AT LEAST THE MINIMUM AMOUNTS REQUIRED BY LAW, AND TO INCREASE THE CIVIL PENALTIES FOR SUCH VIOLATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-16-13, Mississippi Code of 1972, is amended as follows:
63-16-13. (1) If the
operator of a motor vehicle being operated on the public roads, streets or
highways of the State of Mississippi or registered in the State of Mississippi
has been found failing to have motor vehicle liability insurance in at least
the minimum amounts required under Section 63-15-3(j), a court of proper
jurisdiction shall suspend the operator's driving privilege, seize the
license plate of the vehicle and shall impose a civil penalty in an amount
of * * * Six Hundred Dollars ($600.00) upon a first
violation, in an amount of * * * Eight Hundred
Dollars ($800.00) upon a second violation and in an amount of * * * One Thousand
Dollars ($1,000.00) upon a third or subsequent violation. * * * The driving privilege shall not
be reinstated and the license plate shall not be returned until the
operator has motor vehicle liability insurance in at least the minimum amounts
required under Section 63-15-3(j) and has paid the civil penalties imposed and
driver's license reinstatement fees imposed by the Department of Public
Safety. Any person shall have the right to appeal any suspension, seizure
or civil penalty under this section in a court of proper jurisdiction. If the
matter is appealed and a violation is found, then the court shall not reduce,
suspend or suspend the execution of any penalty imposed under the provisions of
this subsection, in whole or in part. It shall be the duty of the county
prosecuting attorney, an attorney employed under the provisions of Section 19-3-49,
or in the event there is no such prosecuting attorney for the county, the duty
of the district attorney to represent the state in any appeal held under this
subsection. Civil penalties collected under this subsection shall be deposited
into the special fund created under subsection (2) of this section. However,
if the appeal of such civil penalty would be under the proper jurisdiction of a
municipal court, One Hundred Dollars ($100.00) of the funds from such civil
penalty shall be deposited in the general fund of that municipality. If the
appeal of such civil penalty would be under the proper jurisdiction of any of
the courts of a county, One Hundred Dollars ($100.00) of the funds from such
civil penalty shall be deposited in the general fund of that county. A person
convicted of a civil violation under this subsection (1) shall not be convicted
of a criminal offense under Section 63-15-4(4) arising from the same incident.
(2) (a) There is created in the State Treasury a special fund to be designated as the "Uninsured Motorist Identification Fund." The fund shall consist of monies deposited therein as provided under subsection (1) of this section and monies from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund; however, one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to the Motor Vehicle Ad Valorem Tax Reduction Fund created under Section 27-51-105, and one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to the Mississippi Trauma Care Systems Fund created under Section 41-59-75.
(b) Monies in the special fund may be used by the Department of Public Safety, upon appropriation by the Legislature, only for the purpose of defraying expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. In addition, at any time during a fiscal year, if the Department of Public Safety determines that funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund created under Section 45-2-1 are insufficient, the department may request the State Fiscal Officer to transfer funds from the Uninsured Motorist Identification Fund. The State Fiscal Officer may make an appropriate transfer if he determines that the funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund are insufficient and the funds in the Uninsured Motorist Identification Fund will be sufficient for defraying the expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. Monies in the fund used for the purposes described in this paragraph (b) shall be in addition to other funds available from any other source for such purposes.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
