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2013 SUMMARY OF NEW STATE LAWS – MISSISSIPPI

State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 90

454

Commercial Drivers' License Act

Revises the Commercial Driver's License Act to clarify that an administrative finding of certain violations shall result in a person being disqualified from driving a commercial motor vehicle for a period of one year. Effective date: July 1, 2013.

HB 91

340

Automated Recording Equipment Fines

Provides that the Mississippi Department of Public Safety shall not recognize traffic fines resulting from automated recording equipment or system of another state unless that state is a member of the driver license compact; provides that the department shall not suspend the driver's license of a person who fails to pay such fine unless the state that is due the fine is a member of the compacts. Effective date: March 14, 2013.

HB 151

511

Sex Crimes Reporting

Revises mandatory reporting of sex crimes against minors; provides that any law enforcement officer who receives a report of a sex crime against a minor which results in a pregnancy shall file charges against the offender on behalf of the victim when probable cause exists that such crime was committed; provides that any physician or midwife who delivers a baby of a minor who is under 16 years of age shall collect umbilical cord blood in order to determine paternity. Effective date: July 1, 2013.

HB 387

457

All-Terrain Vehicles

Includes all-terrain vehicles and off-road utility vehicles in the law regarding the repurchase of inventory from retailers upon termination of a retail contract. Effective date: March 25, 2013.

HB 437

360

Fire Marshals

Provides arrest and limited police powers for the State Chief Deputy Fire Marshal and deputy fire marshals. Effective date: July 1, 2013.

HB 477

548

Wrongful Death

Clarifies that only persons listed in a specified section of law may bring a wrongful death action and that only those persons shall be considered interested parties. Effective date: April 25, 2013.

HB 481

489

Ignition Interlock Devices

Provides that persons convicted of DUI will only be allowed to operate a vehicle equipped with an ignition interlock device; provides a driver's license therefor; removes hardship provisions; creates an aggravated level of the offense; requires mandatory probation; revises ignition interlock. Effective date: July 1, 2013.

HB 534

416

Financial Regulation

Amends section 83-5-205, Mississippi code of 1972, to authorize the Commissioner of Insurance to conduct financial and market analysis review of all insurers authorized to do business in this state; amends section 83-5-209, Mississippi code of 1972, to provide for the confidentiality of ancillary information received by the Commissioner of Insurance during an examination, financial review and market analysis review; amends sections 83-5-401 through 83-5-405, 83-5-417 and 83-5-427, Mississippi code. Effective date: Varies.

HB 545

507

Uninsured Motorist Coverage

Amends section 83-11-102, Mississippi code of 1972, to delete the minimum number of vehicles that must be covered for an insured in an automobile liability policy to purchase single-limit, non-stacking uninsured motorist insurance coverage covering all vehicles listed in the policy; for related purposes. Effective date: July 1, 2013.

HB 714

424

Forfeiture of Bond

Revises certain provisions regarding forfeiture of bond; provides that a felony warrant issued by a court for nonappearance shall be put on the National Crime Information Center until the defendant is returned to custody; provides that a copy of a judgment nisi shall be served on a surety in a specified manner; provides that an execution upon a final judgment shall be stayed for a specified number of days and that a forfeiture shall be set aside in certain circumstances. Effective date: July 1, 2013.

HB 748

459

Reciprocal Insurance Contracts

Allows any legal entity authorized to exist under law to enter into and exchange reciprocal insurance contracts; allows the attorney to be a limited liability company; provides the declaration shall set forth the name and principal office address of the reciprocal and the name and principal office address of the attorney; requires a reciprocal to file an annual statement; relates to the payment of the tax on premium receipts; relates to foreign insurance companies being admitted for business in the state. Effective date: July 1, 2013.

HB 749

423

Bail Agents

Revises testing requirements for licensing bail agents; provides that all applicants for a soliciting bail agent or bail enforcement agent license applying for such license after July 1, 2013, shall successfully complete a limited examination by the department for the restricted lines of business. Effective date: July 1, 2013.

HB 817

405

Elevator Contractors

Creates the state conveyance safety act; establishes minimum standards for conveyance personnel and services; provides for the licensure and qualifications of elevator contractors, elevator mechanics and elevator inspectors; requires registration of existing elevators, platform lifts, dumbwaiters, escalators, moving walks and any other conveyance; requires installation, service and maintenance to be performed in compliance with the state fire prevention and building code; provides for annual inspection. Effective date: July 1, 2013.

HB 1015

517

Suspended Driver Fees

Increases the amount of the fees for the reinstatement of suspended or revoked driver's licenses and provide for the distribution of the reinstatement fees for various purposes; conforms to the preceding section. Effective date: July 1, 2013.

HB 1043

557

Expungement

Provides a procedure to expunge certain felony convictions for persons who were under the age of 18 at the time of conviction; provides that no public official is eligible for expunction for any conviction related to his official duties. Effective date: July 1, 2013.

HB 1259

539

Child Abuse

Relates to the Lonnie smith act; revises elements of the offense of felonious child abuse; provides that a child is a person who has not reached his eighteenth birthday; provides that a child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services, or who is married, is not considered a child; provides that if a child commits child abuse upon another child, then original jurisdiction of all such offenses shall be in youth court. Effective date: July 1, 2013.

HB 1277

389

Accident Security Deposit

Requires the deposit of security for damages resulting from a motor vehicle accident and provide for the suspension of licenses and registrations upon the failure to deposit the security. Effective date: March 20, 2013.

HB 1335

522

Motor Vehicle Seller

Prohibits any person who is not a motor vehicle dealer or a motor vehicle salesman from selling any motor vehicle unless the seller shall have in his possession the title and registration for that vehicle, which must be titled and registered in the name of the seller; provides that a violation of this provision is a misdemeanor. Effective date: July 1, 2013.

HB 1344

570

Scrap Motor Vehicle Titles

Revises the provisions of the affidavit form required to be filed with the Department of Revenue when canceling a certificate of title for scrap motor vehicles when the certificate of title is not available; requires that within 48 hours of each day's close of business, the used motor vehicle parts dealer or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver in a format approved by the Department a specified list. Effective date: July 1, 2013.

SB 2383

529

Teen Drivers

Requires at least 4 hours of physical, in-person, classroom instruction, student workbooks, an instructor manual, and qualified instructors for a traffic safety violator course approved by the court as an alternative to conviction for certain offenders who are minors in the control of a parent or guardian. Effective date: April 24, 2013.

SB 2457

330

Off-Road Vehicles

Revises the definition of off-road vehicle to include recreational off-highway vehicles and other new design vehicles; redefines recreational off-highway vehicle means any motorized vehicle manufactured and designed exclusively for off-road use that is 65 inches or less in width, has an unladen dry weight of 2,000 pounds or less and travels on 4 or more non-highway tires. Effective date: July 1, 2013.

SB 2593

475

Electronic Proof of Insurance

Provides that an insurance company issuing a policy of motor vehicle liability insurance shall furnish to the insured an insurance card in either paper or electronic format. Effective date: July 1, 2013.

SB 2675

324

Willful Destruction Rewards

Increases the amount of reward which may be offered by the Commissioner of Insurance in cases of willful destruction by fire or explosion of any real or personal property located in this state. Effective date: July 1, 2013.

SB 2751

385

Volunteer Fire Departments

Includes volunteer firefighters and volunteer fire departments within the scope of protection from claims under the tort claims act; clarifies the eligibility for volunteer firefighters for benefits under the death benefits trust fund. Effective date: Varies.

SB 2780

512

Workers' Compensation

Creates a lien in favor of providers of burn care; provides the procedure to perfect the lien; provides for the filing of the lien and a filing fee; provides address releases and covenants not to sue; provides that this act is not applicable to funds due under workers' compensation; addresses settlements and releases entered into prior to entering a facility providing burn care; provides that this act does not provide an independent right of action. Effective date: July 1, 2013.

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 Policy 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.

Posted: Tuesday, May 28, 2013 9:09:16 AM.

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