MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Transportation; Education

By: Representative Martinson, Barnett, Stevens

House Bill 725

AN ACT TO AMEND SECTIONS 63-1-9 AND 63-1-21, MISSISSIPPI CODE OF 1972, TO INCREASE THE MINIMUM AGE AT WHICH A PERSON MAY BE ISSUED AND THE LENGTH OF TIME FOR WHICH A PERSON MUST HOLD A TEMPORARY DRIVING PERMIT; TO DELETE THE REQUIREMENT FOR THE ISSUANCE OF INTERMEDIATE DRIVER'S LICENSES; TO INCREASE THE MINIMUM AGE AT WHICH A PERSON MAY BE ISSUED A REGULAR DRIVER'S LICENSE; TO AMEND SECTION 37-16-7,  MISSISSIPPI CODE OF 1972, TO REQUIRE STUDENTS TO COMPLETE A STATE CERTIFIED DRIVER EDUCATION TRAINING PROGRAM IN ORDER TO GRADUATE FROM HIGH SCHOOL; TO AMEND SECTIONS 37-25-3 AND 37-25-7, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL BOARDS TO ESTABLISH AND MAINTAIN DRIVER EDUCATION AND TRAINING PROGRAMS FOR CERTAIN PUPILS ENROLLED IN THE DAY SECONDARY SCHOOLS IN THAT DISTRICT; TO AMEND SECTIONS 63-1-23 AND 63-1-47, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 63-1-9, Mississippi Code of 1972, is amended as follows:

     63-1-9.  (1)  No driver's license * * * or temporary learning permit shall be issued pursuant to this article:

          (a)  To any person under the age of eighteen (18) years except as provided in this article.

          (b)  To any person whose license to operate a motor vehicle on the highways of Mississippi has been previously revoked or suspended by this state or any other state and/or territory of the United States or the District of Columbia, and such revocation or suspension period has not expired.

          (c)  To any person who is an habitual drunkard or who is addicted to the use of other narcotic drugs.

          (d)  To any person who would not be able by reason of physical or mental disability, in the opinion of the commissioner or other person authorized to grant an operator's license, to operate a motor vehicle on the highways with safety.  However, persons who have one (1) arm or leg, or have arms or legs deformed, and have their car provided with mechanical devices whereby they are able to drive in a safe manner over the highways, if otherwise qualified, shall receive an operator's license the same as other persons.  Moreover, deafness shall not be a bar to obtaining a license.

          (e)  To any person who is under the age of seventeen (17) years to drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school, or to drive any motor vehicle while in use as a public or common carrier of persons or property.

          (f)  To any person as an operator who has previously been adjudged to be afflicted with and suffering from any mental disability and who has not at time of application been restored to mental competency.

          (g)  To any unmarried person under the age of eighteen (18) years who does not at the time of application present a diploma or other certificate of high school graduation or a general education development certificate issued to the person in this state or any other state, or documentation that the person:

              (i)  Is enrolled and making satisfactory progress in a course leading to a general education development certificate;

              (ii)  Is enrolled in school in this state or any other state;

              (iii)  Is enrolled in a "nonpublic school," as such term is defined in Section 37-13-91(2)(i); or

              (iv)  Is unable to attend any school program due to circumstances deemed acceptable as set out in Section 63-1-10.

          (h)  To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30.

     (2)  All permits and licenses issued on or before June 30, 2006, shall be valid according to the terms upon which issued.  From and after July 1, 2006:

          (a)  A temporary driving permit may be issued to any person who is at least fifteen and one-half (15-1/2) years of age who otherwise meets the requirements of this article.

 * * *

          (b)  A driver's license may be issued to any person who is at least sixteen and one-half (16-1/2) years of age who otherwise meets the requirements of this article and who has held a temporary driving permit for at least twelve (12) months without any conviction under Section 63-11-30 or of a moving violation.  Any conviction under Section 63-11-30 or of a moving violation shall restart the twelve-month requirement for the holding of a temporary driving permit before an applicant can qualify for a driver's license. * * *

          (c)  An applicant for a Mississippi driver's license who, at the time of application, is at least sixteen and one-half (16-1/2) years of age and who has held a valid motor vehicle driver's license issued by another state for at least twelve (12) months shall not be required to hold a temporary driving permit  * * * before being issued a driver's license.

     (3)  The commissioner shall ensure that the temporary driving permit * * * and driver's license issued under this article are clear, distinct and easily distinguishable from one another.

     SECTION 2.  Section 63-1-21, Mississippi Code of 1972, is amended as follows:

     63-1-21.  (1)  Every applicant for a new or original driver's or operator's license, except persons holding an out-of-state license, shall first obtain a temporary driving permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety and upon the successful completion of the examination provided for in Section 63-1-33 and the payment of the fee for such examination provided for in Section 63-1-43.

     (2)  A temporary driving permit entitles the holder, provided the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-one (21) years of age and who is actually occupying the seat beside the driver.  A temporary driving permit may be issued to any applicant who is at least fifteen and one-half (15-1/2) years of age.  A temporary driving permit shall be valid for a period of one (1) year from the date of issue.

 * * *   

     Except as otherwise provided by Section 63-1-6, every applicant for a restricted motorcycle operator's license or a motorcycle endorsement shall first obtain a temporary motorcycle driving permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety, and upon the successful completion of the examination provided for in Section 63-1-33, and payment of the fee for said examination provided for in Section 63-1-43.  All applicants for such temporary permit shall (a) be at least fifteen and one-half (15-1/2) years of age; (b) operate a motorcycle only under the direct supervision of a person at least twenty-one (21) years of age who possesses either a valid driver's or operator's license with a motorcycle endorsement or a valid restricted motorcycle operator's license; (c) be prohibited from transporting a passenger on a motorcycle; (d) be prohibited from operating a motorcycle upon any controlled access highway; and (e) be prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m.  Temporary motorcycle driving permits shall be valid for the same period of time and may be renewed upon the same conditions as temporary driving permits issued for vehicles other than motorcycles.

     SECTION 3.  Section 37-16-7, Mississippi Code of 1972, is amended as follows:

     37-16-7.  (1)  Each district school board shall establish standards for graduation from its schools which shall include as a minimum:

          (a)  Mastery of minimum academic skills as measured by assessments developed and administered by the State Board of Education.

          (b)  Completion of a minimum number of academic credits, and all other applicable requirements prescribed by the district school board.

          (c)  For high schools, completion of a state certified driver education and training program.

     (2)  A student who meets all requirements prescribed in subsection (1) of this section shall be awarded a standard diploma in a form prescribed by the state board.

     (3)  The State Board of Education may establish student proficiency standards for promotion to grade levels leading to graduation.

     SECTION 4.  Section 37-25-3, Mississippi Code of 1972, is amended as follows:

     37-25-3.  The school board of each school district maintaining a secondary school which includes any of the Grades 9 through 12 inclusive, shall establish and maintain driver education and training programs for pupils enrolled in the day secondary schools in that district.

     SECTION 5.  Section 37-25-7, Mississippi Code of 1972, is amended as follows:

     37-25-7.  Each school district shall provide driver training and education. * * * However, * * * any student receiving instruction under this chapter shall be:

          (a)  Fourteen and one-half (14-1/2) years of age or above;

          (b)  A regularly enrolled student in the ninth, tenth, eleventh or twelfth grade; and

          (c)  A full-time student in the respective secondary school.

     Any driver education student under fifteen and one-half (15-1/2) years of age shall secure a learner's permit issued by the Department of Public Safety which shall be valid only while the student is under the direct supervision of a driver education instructor and is actually enrolled in an approved course of driver education which consists of thirty (30) hours of classroom and six (6) hours of dual driving instruction.  The learner's permit shall expire at the end of the driver training course.  The Department of Public Safety shall charge a fee of One Dollar ($1.00) for the issuance of a learner's permit.

     SECTION 6.  Section 63-1-23, Mississippi Code of 1972, is amended as follows:

     63-1-23.  The application of any person under the age of seventeen (17) years for a temporary driving permit * * * or license issued pursuant to this article shall be signed and verified before a person authorized to administer oaths by both the father and mother of the applicant, if both are living and have custody of him, or in the event neither parent is living then by the person or guardian having such custody or by an employer of him, or in the event there is no guardian or employer then by any other responsible person who is willing to assume the obligation imposed under Section 63-1-25 upon a person signing the application of a minor.

     SECTION 7.  Section 63-1-47, Mississippi Code of 1972, is amended as follows:

     63-1-47.  (1)  Except as otherwise provided in this section, each applicant for an original license issued pursuant to this article, who is entitled to issuance of same, and who is eighteen (18) years of age or older, shall be issued a four-year license which will expire at midnight on the licensee's birthday.

          (a)  Except as otherwise provided in this section, all renewal licenses of operators eighteen (18) years of age or older shall be for four-year periods and may be renewed any time within six (6) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined.

          (b)  From and after January 1, 1990, no commercial driver's license shall be issued under the provisions of this article for any commercial motor vehicle, the lawful operation of which requires the driver to obtain a Class A, B or C commercial driver's license under Article 2 of this chapter; however, from time to time, the holder of a commercial license may apply for a commercial driver's license under Article 2 of this chapter; and, if he fails to pass the required test for such license, he shall be entitled to an extension of his license that shall be valid for one hundred twenty (120) days or until he again is tested under Article 2 of this chapter, whichever occurs first.  The extension shall entitle the license holder to operate all vehicles which such license authorized him to operate prior to taking the required test.  The first extension shall be without charge; however, a fee of Fifteen Dollars ($15.00) shall be imposed for any subsequent extension.  No extension shall be valid past March 31, 1992.

     (2)  Any commercial driver's license issued under this article before January 1, 1990, which expires after March 31, 1992, shall be void on April 1, 1992, for the operation of any commercial vehicle requiring a commercial license to be issued under Article 2 of this chapter; however, if the holder of any such license applies for a commercial driver's license under Article 2 of this chapter, passes the required tests for such license, pays all applicable fees under Article 2 of this chapter except the Forty Dollars ($40.00) license fee and otherwise meets all requirements for the issuance of such license, then such person shall be issued a license under Article 2 of this chapter which shall expire on the expiration date of the commercial driver's license being replaced.

     (3)  The fee for the issuance of an original and renewals of a Class D commercial driver's license under this article to an applicant who is not a United States citizen and who does not possess a social security number issued by the United States government and the period for which such license will be valid and expire shall be as prescribed in Section 63-1-43.

     (4)  The Commissioner of Public Safety shall notify, by United States mail addressed to the last known address of record with the Department of Public Safety, all holders of a commercial driver's license issued under this article before January 1, 1990, and which expire after March 31, 1992, that such license will be void on and after April 1, 1992, for the operation of any vehicle for which a commercial driver's license is required to be issued under Article 2 of this chapter.

     (5)  Any person holding a valid commercial driver's license issued under this article before January 1, 1990, shall continue thereafter, until expiration of such license, to be entitled to operate all vehicles which such license authorized him to operate immediately before January 1, 1990, except that from and after April 1, 1992, such license shall not entitle the licensee to operate a commercial motor vehicle the lawful operation of which requires a commercial driver's license under Article 2 of this chapter.

     (6)  Except as otherwise provided in this article, each applicant for an original driver's license issued pursuant to this article, who is entitled to issuance of same, being under eighteen (18) years of age, shall be issued a one-year license which will expire at midnight on the licensee's birthday.  Renewal drivers' licenses of operators under the age of eighteen (18) shall be for one-year periods and may be renewed any time within two (2) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined.  * * * All applications by an operator under the age of eighteen (18) must be accompanied by documentation that the applicant is in compliance with the education requirements of Section 63-1-9(1)(g), and the documentation must be dated no more than thirty (30) days prior to the date of application.

     (7)  Any license issued under this article to a person who is not a United States citizen and who does not possess a social security number issued by the United States government shall expire one (1) year from the date of issuance and may be renewed, if such person is otherwise qualified to renew such license, within thirty (30) days of expiration.  The fee for any such license and for renewal shall be as prescribed in Section 63-1-43.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2006.