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2005 Summary of New State Laws - Mississippi

(Preliminary List of 2005 Enacted Legislation)

Issue

Bill #

Bill Description

Financial Regulation

Annual, Quarterly Filing Requirements

House Bill 1322

Provides that the Commissioner of Insurance shall make available to insurance companies the blank forms necessary for their required statements of financial condition; amends Section 83-5-55, Mississippi Code of 1972, to require that every insurance company shall file with the Commissioner of Insurance a quarterly statement showing the business standing and financial condition of the company for that quarter; amends Section 83-5-69, Mississippi Code of 1972, to provide penalties for any insurance company that neglects to make and file its quarterly statement. Effective July 1, 2005.

Motor Vehicle Insurance

Vehicle History Reports

House Bill 653

Authorizes the Department of Public Safety to provide certain information obtained from motor vehicle accident reports to persons or entities for the purpose of compiling vehicle history reports for use by law enforcement, consumers and businesses. It also authorizes the Department to charge and collect fees for providing such information. Effective July 1, 2005.

Minimum Liability Limits

House Bill 722

Amends Sections 63-15-3, 63-15-11, 63-15-31 and 63-15-43, Mississippi Code of 1972, to increase the statutory minimum for motor vehicle liability insurance coverage in any one accident from $10,000 to $25,000 for bodily injury to or death of one person, from $20,000 to $50,000 for bodily injury to or death of two or more persons and from $5,000 to $25,000 for injury to or destruction of property of others. Sections 1-4 effective January 1, 2006; Section 5 effective July 1, 2005.

Window Tinting Restrictions

House Bill 734

Requires motor vehicle inspection stations, when performing vehicle inspections, to conduct a test of the luminous reflectance and light transmittance of windows of motor vehicles that have been tinted or darkened after factory delivery. Deletes requirement that manufacturers of motor vehicle window tint or darkening material apply to the Commissioner of Public Safety for registration and approval of its tint or darkening material and supply to the consumer an approve label along with the product at the time of sale or distribution. Effective July 1, 2005.

Commercial Driver Background Checks

House Bill 1041

Provides that persons applying for the issuance, renewal, transfer or upgrade of a commercial driver's license with a hazardous material endorsement shall pay the Department of Public Safety an additional fee plus actual costs that the Department incurs in performing background checks. Effective upon passage on March 14, 2005.

Insured Motorist Database

House Bill 1238

Requires the Department of Public Safety to maintain a database of insured motorists; to provide certain penalties on insurance companies that fail to provide the Department of Public Safety with the required information on each motor vehicle liability insurance policy issued; to provide that law enforcement officials may ask for proof of insurance at roadblocks; to provide that a portion of the fines levied in municipal court or any of the courts of the county on persons who do not have proof of motor vehicle liability insurance shall be deposited in the General Fund of the municipality or the county; to revise certain fees for failure to have insurance. Governor has until April 21 to sign. Bill would take effect on July 1, 2005.

Historical Accident Data

Senate Bill 2743

Helps to promote highway safety by providing consumers with access to historical information on vehicle-specific accident data. Effective July 1, 2005.

Military Personnel License Renewals

Senate Bill 2957

Provides that the driver's license application shall clearly list all documentation required on the face thereof. It also amends Section 63-1-49, Mississippi Code of 1972, to allow military personnel and dependents to renew a driver's license by mail or on-line when out of state on active duty. Effective July 1, 2005.

Tort Reform

Tort Claims Board Administration

House Bill 369

Reenacts Section 11-46-19, Mississippi Code of 1972, which provides for the administration of the Medical Malpractice Insurance Availability Plan by the Tort Claims Board. Governor has until April 21 to sign. Bill would take effect July 1, 2005.

Limit on Creditor-Based Policy

Senate Bill 2094

Provides that the required payment by the insurer in the event of a loss under a creditor-placed insurance policy shall be reduced by any recovery from a third party. Bill effective July 1, 2005.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Mississippi State Resource Center