MISSISSIPPI LEGISLATURE
2009 Regular Session
To: Judiciary, Division B
By: Senator(s) Butler
AN ACT TO AMEND SECTION 63-1-9, MISSISSIPPI CODE OF 1972, TO INCREASE FROM SIX MONTHS TO ONE YEAR THE MINIMUM PERIOD OF TIME THAT AN APPLICANT FOR AN INTERMEDIATE DRIVER'S LICENSE MUST HOLD A TEMPORARY DRIVING PERMIT; TO AMEND SECTION 63-1-10, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC SCHOOLS TO SUBMIT TO THE DEPARTMENT OF PUBLIC SAFETY DOCUMENTATION VERIFYING THAT AN APPLICANT FOR A DRIVER'S LICENSE, INTERMEDIATE LICENSE OR TEMPORARY LEARNING PERMIT UNDER THE AGE OF 18 IS ENROLLED IN SCHOOL OR EXCUSED DUE TO ACCEPTABLE CIRCUMSTANCES IF THE APPLICANT HAS NOT YET GRADUATED OR EARNED A GENERAL EDUCATIONAL DEVELOPMENT (GED) CERTIFICATE AND TO ENCOURAGE NONPUBLIC SCHOOLS TO SUBMIT THE DOCUMENTATION ON BEHALF OF AN APPLICANT; TO AMEND SECTION 63-1-21, MISSISSIPPI CODE OF 1972, TO REVISE THE HOURS DURING WHICH AN INTERMEDIATE DRIVER'S LICENSEE MAY DRIVE UNSUPERVISED; TO AMEND SECTION 63-1-47, MISSISSIPPI CODE OF 1972, TO REQUIRE APPLICATIONS BY OPERATORS UNDER EIGHTEEN YEARS OF AGE TO BE ACCOMPANIED BY DOCUMENTATION AUTHORIZING THE RELEASE OF ATTENDANCE RECORDS TO THE DEPARTMENT OF PUBLIC SAFETY; TO CREATE A NEW SECTION TO PROHIBIT THOSE DRIVERS HOLDING AN INTERMEDIATE LICENSE OR TEMPORARY LEARNING OR DRIVING PERMIT FROM SENDING OR RECEIVING WRITTEN MESSAGES WHILE DRIVING; TO PROVIDE EXEMPTIONS FROM THE PROHIBITION; TO PROVIDE PENALTIES FOR VIOLATIONS OF THE PROHIBITION; 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, intermediate 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 or territory of the United States or the District of Columbia, if the 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 are driving a car provided with mechanical devices whereby the person is 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 educational development certificate issued to the person in this state or any other state; or on whose behalf documentation has not been received by the Department of Public Safety from that person or a school official verifying that the person:
(i) Is enrolled and making satisfactory progress in a course leading to a general educational 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 July 31, 2009, shall be valid according to the terms upon which issued. From and after August 1, 2009:
(a) A temporary driving permit may be issued to any person who is at least fifteen (15) years of age who otherwise meets the requirements of this article.
(b) An intermediate license may be issued to any person who is at least sixteen (16) years of age who otherwise meets the requirements of this article and who has held a temporary driving permit for at least one (1) year 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 one-year requirement for the holding of a temporary driving permit before an applicant can qualify for an intermediate license.
(c) 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 an intermediate license for at least six (6) 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 six-month requirement for the holding of an intermediate license before an applicant can qualify for a driver's license. However, a person who is at least seventeen (17) years of age who has been issued a temporary driving permit and who has never been convicted under Section 63-11-30 or of a moving violation shall not be required to have held an intermediate license.
(d) 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 six (6) months shall not be required to hold a temporary driving permit or an intermediate license before being issued a driver's license.
(3) The commissioner shall ensure that the temporary driving permit, intermediate license and driver's license issued under this article are clear, distinct and easily distinguishable from one another.
SECTION 2. Section 63-1-10, Mississippi Code of 1972, is amended as follows:
63-1-10. (1) Upon the written request of a parent or guardian of any applicant for a license under eighteen (18) years of age, the school district in which the applicant is enrolled shall submit * * * documentation to the Department of Public Safety verifying that the applicant is in compliance with Section 63-1-9(1)(g). The verification shall be signed by the school principal * * * or his designee, or, in the case of a home study program, the parent, or the adult education supervisor of the General Educational Development Program or his designee. If the student is enrolled in a nonpublic school, the school principal or his designee is encouraged to submit the verification on behalf of the student. Documentation of the applicant's enrollment status shall be submitted on a form designed by the State Department of Education that includes the written signed and notarized parent or guardian's consent authorizing the release of the applicant's attendance records to the Department of Public Safety, as approved by the Department of Public Safety, in a manner that insures the authenticity of the form and the information or signature contained thereon, including via facsimile. * * * The forms required under this section to provide documentation shall be made available to all public high schools, private schools accredited by the State Board of * * * Education, * * * adult education supervisors at school board offices and, upon request, to others through the Department of Public Safety.
(2) Whenever an applicant or licensee who is under eighteen (18) years of age is unable to attend any school program due to acceptable circumstances, the school where the student last attended shall transmit documentation to * * * the department to excuse such student from the provisions of Section 63-1-9(1)(g). The school principal or his designee shall determine whether nonattendance or absences are excused pursuant to Section 37-13-91. For purposes of this section, suspension or expulsion from school or incarceration in a correctional institution is not an acceptable circumstance for a person being unable to attend school.
(3) Any person denied a license for failure to satisfy the education requirements of Section 63-1-9(1)(g) shall have the right to file a request within thirty (30) days thereafter for a hearing before the Department of Public Safety to determine whether the person is entitled to a license or is subject to the cancellation of his license under the provisions of this section. The hearing shall be held within ten (10) days of the receipt by the department of the request. Appeal from the decision of the department may be taken under Section 63-1-31.
SECTION 3. 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 (15) years of age. A temporary driving permit shall be valid for a period of one (1) year from the date of issue.
(3) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 11:30 p.m. Friday and Saturday, and allows unsupervised driving any time for a person traveling directly to or from work. At all other times the intermediate licensee must be supervised by a parent, guardian or other person age twenty-one (21) years or older who holds a valid driver's license under this article and who is actually occupying the seat beside the driver.
(4) The fee for issuance of an intermediate license shall be Five Dollars ($5.00).
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 (15) 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.
(5) The Department of Public Safety may accept bank credit cards and debit cards in payment of fees for identification card renewals that are processed by electronic means and, if authorized by general law, may charge an additional fee for the use of the credit cards and debit cards.
SECTION 4. 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, * * * 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 * * * 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) (a) * * * All applications by an operator under * * * eighteen (18) years of age 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 used in establishing compliance must be dated no more than thirty (30) days prior to the date of application.
(b) All applications by an operator under eighteen (18) years of age, if applicable, must be accompanied by documentation signed and notarized by the parent or guardian of the applicant and the appropriate school official, authorizing the release of the applicant's attendance records to the Department of Public Safety as required under Section 63-1-10.
(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 5. (1) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:
(a) "Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radiophones.
(b) "Personal digital assistant" means a wireless electronic communication device that provides for data communication other than by voice.
(2) A person who is authorized to drive under an intermediate license, a temporary learning permit or a temporary driving permit, shall not operate a motor vehicle on a highway while using a cellular telephone or a personal digital assistant to send or receive a written message while the motor vehicle is in motion.
(3) This section does not apply to any of the following:
(a) When the person is reporting reckless or negligent behavior;
(b) When the person believes that he or another person is in physical danger, but only if that person is the driver of, and sole occupant in, the motor vehicle;
(c) The sending or receiving of a written message while the vehicle is parked; and
(d) The use of a cellular telephone or a personal digital assistant for the sole purpose of communicating with any of the following regarding an emergency situation:
(i) An emergency response operator.
(ii) A hospital, physician's office or health clinic.
(iii) A provider of ambulance services.
(iv) A provider of fire fighting services.
(v) A law enforcement agency.
(4) (a) A violation of this section is a misdemeanor, and upon conviction, is punishable by a fine not to exceed Five Hundred Dollars ($500.00).
(b) If the person violates this act at the time that he is involved in a motor vehicle accident, then the violation is punishable by a fine not to exceed One Thousand Dollars ($1,000.00).
(c) If the person is cited for violating this act, and the alleged violation occurred at the time the person was involved in a motor vehicle accident, and a written accident report is required, then the law enforcement officer investigating the accident shall indicate on the written accident form that the use of a cellular telephone or a personal digital assistant to send or receive a written message occurred at the time of the accident.
SECTION 6. The provisions of Section 5 of this act shall be codified in Chapter 1, Title 63, Mississippi Code of 1972.
SECTION 7. This act shall take effect and be in force from and after July 1, 2009.