Bill Text: MS SB2609 | 2024 | Regular Session | Introduced
Bill Title: Liability insurance; impound vehicles operated without mandatory limits.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2609 Detail]
Download: Mississippi-2024-SB2609-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division B
By: Senator(s) Rhodes, Hill, Fillingane, Robinson, McLendon
Senate Bill 2609
AN ACT TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO REQUIRE MOTOR VEHICLES WHERE IT IS DETERMINED THAT THE OWNER OR OPERATOR OF THE VEHICLE DOES NOT HAVE THE MANDATORY LIABILITY INSURANCE REQUIRED BY SECTION 63-15-3 TO BE IMPOUNDED; 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) Motor vehicles exempted by Section 63-15-5;
(b) Motor 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) Motor 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 a motor vehicle liability insurance policy that covers the vehicle and is in compliance with the liability limits required by Section 63-15-3(j). The insured parties shall be responsible for maintaining the insurance on each motor 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 motor vehicle at the time the insurance policy becomes effective. The insurance card may be furnished in either paper or electronic format as chosen by the insured. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device. Beginning on July 1, 2013, insurers shall furnish commercial auto coverage customers with an insurance card clearly marked with the identifier, "Commercial Auto Insurance" or "Fleet" or similar language, to reflect that the vehicle is insured under a commercial auto policy.
(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 or is displayed by electronic image on a cellular phone or other type of electronic device. However, no driver shall be stopped or detained solely for the purpose of verifying that the motor vehicle is covered by liability insurance in the amounts required under Section 63-15-3(j) unless the stop is part of such roadblock. If the law enforcement officer uses the verification system created in Section 63-16-3 and receives a response from the system verifying that the owner of the motor vehicle has liability insurance in the amounts required under Section 63-15-3(j), then the officer shall not issue a citation under this section notwithstanding any failure to display an insurance card by the owner or operator.
(4) Failure of the owner or
the operator of a motor vehicle to have the insurance card in the motor
vehicle, or to display the insurance card by electronic image on a cellular
phone or other type of electronic device, is a misdemeanor and, upon conviction,
is punishable by a fine of * * * Two Hundred Fifty Dollars ($250.00) 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) and has paid the fines and assessments
imposed and the driver's license reinstatement fees imposed by the Department
of Public Safety. A judge shall determine whether the defendant is indigent,
and if a determination of indigence is made, shall authorize the reinstatement
of that person's driver's license upon proof of mandatory liability insurance
subject to compliance with a payment plan for any fines, assessments and/or
fees. Fraudulent use of an insurance card shall be punishable in accordance
with Section 97-7-10. If such fines are levied in a municipal court, 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, the funds from such
fines shall be deposited in the general fund of the county. A person convicted
of a criminal offense under this subsection (4) shall not be convicted of a
criminal offense under Section 63-16-13(1) arising from the same incident.
(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.
(6) No law enforcement officer may access any function, feature or other electronic image on a person's cellular phone or other type of electronic device when enforcing the provisions of this section except for the electronic image of an insurance card shown to the officer.
(7) In addition to any other penalties imposed by law, a motor vehicle operated on the roadways of this state where the owner or the operator of a motor vehicle fails to have the mandatory liability insurance required by Section 63-15-3(j) and the motor vehicle is involved in an accident shall be impounded until proof of insurance is provided. The cost associated with any impoundment or immobilization shall be paid by the owner or operator of the motor vehicle.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
