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2009 SUMMARY OF NEW STATE LAWS – MISSISSIPPI

State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 777

449

Producer Licensing

Relates to limited lines and limited lines credit insurance producers, insurance solicitors, qualification for license in car rental, crop insurance, surety, and travel lines of insurance, prelicensing and continuing education requirements, and privilege taxes on insurance producers, supervising general agents and managing general agents, incorporated life, health or accident insurance agencies, incorporated supervising general agents, life insurance agents, and land title insurance producers. Effective date: Varies.

HB 880

520

Bail Agents

Relates to bail agents; revises certain licensing and premium provisions. Effective date: July 1, 2009.

HB 936

452

Uninsured Motorist

Revises the definition of the term uninsured motor vehicle to include a vehicle owned or operated by a person who is protected by immunity under the State Tort Claims Act. Effective date: July 1, 2009.

HB 989

464

Bail Bonds

Requires an additional assessment on bail bonds to be deposited into the Victims of Domestic Violence Fund. Effective date: July 1, 2009.

HB 1115

560

Commercial Drivers’ Licenses

Revises the Commercial Driver's License (CDL) Act; prohibits a person from having more than one driver's license; requires CDL holders to notify the state and employers of certain convictions; specifies employers' responsibilities; provides for a nonresident CDL; provides for interstate notification of traffic convictions and reciprocity between states; provides for school bus endorsements; imposes a penalty against employers for railroad crossing violations; provides for implied consent as to CDL holders. Effective date: July 1, 2009.

HB 1307

462

Auto Liability

Requires an insurer paying a claim for certain damages under a policy of automobile insurance to add as a payee on the check, in addition to certain other names, the name of any lienholder shown on the vehicle title; requires the insured to carry the responsibility of having any disputed lien released; reduces the number of days the lienholder has to pay any balance owed to the debtor after receipt of the check. Effective date: July 1, 2009.

HB 1357

391

Identity Fraud

Revises the offense of fraudulent use of another's identity; provides that a person is guilty of the offense if the person falsely claims to be a representative of an entity in order to open banking accounts, obtain credit cards, or other services and supplies in the entity's name. Effective date: July 1, 2009.

HB 1568

417

Electronic Speed Sensors

Prohibits the governing authority of any county or municipality from enacting or enforcing ordinances authorizing the use of automated recording equipment or systems to enforce compliance with or to impose or collect any fine, fee or penalty for violation of any traffic laws, rules or regulations on any public street, road or highway within this state. Effective date: March 20, 2009.

HB 1577

457

State Regulation

Includes the premium retaliatory tax in the taxes against which taxpayers holding certain qualified equity investments in a qualified community development entity may claim a credit; provides that any taxpayer claiming a credit pursuant to this section shall not be required to pay any additional premium retaliatory tax as a result of claiming such credit; revises the definition of the term qualified equity investment. Effective date: March 26, 2009.

SB 2280

489

Teen Drivers

Increases the minimum period of time that an applicant for an intermediate driver's license must hold a temporary driving permit; requires public schools to submit to the Department of Public Safety documentation verifying that a minor applicant for a license or learning permit is enrolled in school; revises the hours during which an intermediate driver's licensee may drive unsupervised; prohibits drivers holding an intermediate license or temporary permit from sending written messages while driving. Effective date: July 1, 2009.

SB 2419

334

Financial Audits

Relates to insurance companies; revises laws relating to the filing of audited financial reports; revises qualifications of an independent certified public accountant for filing such reports; provides separate provisions relating to financial reporting by foreign insurers. Effective date: January 1, 2010.

SB 2421

442

Actuarial Opinions

Creates the Property and Casualty Actuarial Opinion Act; requires every property and casualty insurance company doing business in this state to annually submit a statement of actuarial opinion; requires the preparation of an actuarial report and underlying workpapers to support each actuarial opinion; provides for the confidentiality of certain documents, materials or other information in the possession or control of the Department of Insurance. Effective date: January 1, 2010.

SB 2620

352

Premium Taxes

Changes the date that insurance companies liable for the payment of premium taxes are required to file an annual reconciliation statement of taxes paid during the previous year with the State Tax Commission. Effective date: March 16, 2009.

SB 2843

537

Disaster Mitigation

Relates to comprehensive Hurricane Damage Mitigation Program within the Department of Insurance; extend repealer on. Effective date: July 1, 2009.

SB 2858

441

Surplus Lines

Extends the repealer on the provision which provides liability protection to the Surplus Lines Insurance Association and its board members and employees, for any functions or duties performed in good faith; provides that if the association between the Department of Insurance and the Surplus Lines Association for the collection of stamping fee ceases, certain unexpended monies, interest and fees held by the association shall be transferred to the Fiscal Officer for the Department of Insurance Special Funds. Effective date: July 1, 2009.

SB 2919

482

Traffic Offenses

Revises the information allowed to be requested on the uniform traffic citation form; provides that a traffic ticket shall contain a space to include the current address and telephone number of the person being charged. Effective date: July 1, 2009.