Senate Bill 2695

(As Passed the Senate)

AN ACT TO AMEND SECTION 37-25-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SCHOOL BOARD OF ANY SCHOOL DISTRICT MAINTAINING A SECONDARY SCHOOL SHALL ESTABLISH AND MAINTAIN DRIVER EDUCATION AND TRAINING PROGRAMS FOR PUPILS ENROLLED IN THE SECONDARY SCHOOLS IN THAT DISTRICT; TO SET CERTAIN REQUIREMENTS FOR DRIVER EDUCATION COURSES; TO AMEND SECTION 37-25-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION AND THE COMMISSIONER OF PUBLIC SAFETY SHALL JOINTLY PREPARE AND RECOMMEND TO THE STATE BOARD OF EDUCATION, THE SCOPE OF DRIVER EDUCATION AND TRAINING PROGRAMS IN SECONDARY SCHOOLS; TO AMEND SECTION 37-25-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A DRIVER'S EDUCATION STUDENT SHALL NOT BE REQUIRED TO POSSESS A LEARNER'S PERMIT OR DRIVER'S LICENSE WHILE THE STUDENT IS UNDER THE DIRECT SUPERVISION OR AN INSTRUCTOR; TO DELETE CERTAIN FEES THAT THE DEPARTMENT OF PUBLIC SAFETY COULD CHARGE FOR A LEARNER'S PERMIT; TO CREATE NEW SECTION 37-25-8, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UPON SATISFACTORY COMPLETION OF A DRIVER'S EDUCATION AND TRAINING PROGRAM, A DRIVER'S EDUCATION STUDENT SHALL BE ISSUED A CERTIFICATION OF COMPLETION AND COPY OF SAID CERTIFICATION SHALL BE DELIVERED TO THE DRIVER SERVICE BUREAU OF THE DEPARTMENT OF PUBLIC SAFETY; TO CREATE NEW SECTION 37-25-14, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT TO THE DEPARTMENT OF EDUCATION ANNUAL STATISTICS REGARDING CRASH AND FATALITY DATA FOR THE STATE OF MISSISSIPPI AND NATIONALLY, INCLUDING, BUT NOT LIMITED TO, STATISTICS INVOLVING TEENAGE DRIVERS; TO AMEND SECTION 63-1-9, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN PROVISIONS RELATED TO DRIVER'S LICENSE TRAINING PROGRAMS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-25-3, Mississippi Code of 1972, is amended as follows:

37-25-3. (1) The school board of any school district maintaining a secondary school which includes any of the grades nine (9) through twelve (12) inclusive, * * * ~~may, in its discretion,~~ shall establish and maintain driver education and training programs for pupils enrolled in the day secondary schools in that district.

(2) The course of instruction for driver education shall include both classroom and behind-the-wheel driver education course experience. The classroom instruction and behind-the-wheel instruction shall be integrated, relate to each other, and meet the following requirements:

(a) Each student shall receive not less than twenty-four (24) hours of classroom instruction.

(b) Classroom instruction shall be scheduled to occur as follows:

(i) Classroom instruction shall occur not more than two (2) hours per day;

(ii) Classroom instruction shall occur over the course of three (3) or more weeks;

(iii) Classroom instruction of four (4) or more hours shall be received before the student begins to receive behind-the-wheel instruction;

(iv) Classroom instruction shall include not less than one (1) hour of information concerning the laws pertaining to bicycles, motorcycles and other vulnerable roadway users, including pedestrians, and shall emphasize awareness of their operation on the streets, roads and highways of this state. The laws of this state pertaining to awareness of bicycles, motorcycles, and other vulnerable roadway users, including pedestrians, shall also be incorporated into other subject areas of the curriculum where appropriate;

(v) Classroom instruction shall include information concerning the proper actions to be taken by a driver during a traffic stop; and

(vi) Behind-the-wheel instruction of three (3) or more hours shall be completed before classroom instruction terminates.

(c) Each student shall receive not less than six (6) hours of behind-the-wheel instruction or substitute hours permitted under this subsection. Behind-the-wheel instruction shall be scheduled to occur as follows:

(i) A student shall receive not more than one (1)_ hour of behind-the-wheel instruction per day;

(ii) Not more than one (1) student shall occupy the front seat of the vehicle with the instructor; and

(iii) A driver education motor vehicle shall contain not more than four (4) students during behind-the-wheel instruction.

SECTION 2. Section 37-25-5, Mississippi Code of 1972, is amended as follows:

37-25-5. The State Superintendent of Public Education and the Commissioner of Public Safety shall jointly prepare and recommend to the State Board of Education, and the board shall adopt rules and regulations governing the establishment, conduct and scope of driver education and training programs in secondary schools of this state, subject to the requirements and exceptions set forth in this chapter. Said program shall be established and maintained only in accordance with such rules and regulations. The State Driver Education and Training Program in secondary schools of this state shall include a program of study for alcohol, drug and safety education as it pertains to driver and highway safety and shall also include instruction relating to organ and tissue donation and organ and tissue donation procedures, and shall include instruction on the litter laws of the state and the responsibilities of the driver and all passengers to dispose of litter in the proper container. The state driver education and training program in secondary schools of this state shall also include a program of study, developed by the Department of Public Safety under Section 37-25-29, on how persons should properly respond when stopped by law enforcement officers.

The State Superintendent of Public Education shall prepare an administrative budget from funds made available under this chapter which budget shall be approved by the State Board of Education. It shall be the responsibility of the State Superintendent of Public Education to administer this program in accordance with rules and regulations established by the State Board of Education and to appoint the necessary supervisors of safety education and the necessary clerical personnel.

SECTION 3. Section 37-25-7, Mississippi Code of 1972, is amended as follows:

37-25-7. Each school district providing driver training and education shall prescribe regulations determining who can best profit by and who shall receive instruction under this program. It is provided, however, that any student receiving instruction under this chapter shall be:

(a) Fourteen (14) years of age or above;

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

Any driver education student * * * shall not be required to possess a learner's permit or driver's license 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. * * *

SECTION 4. The following shall be codified as Section 37-25-8, Mississippi Code of 1972:

37-25-8. Upon satisfactory completion of a driver's education and training program, a driver education student shall be issued a certification of completion. A copy of said certification shall be delivered to the Driver Service Bureau of the Department of Public Safety.

SECTION 5. The following shall be codified as Section 37-25-14, Mississippi Code of 1972:

37-25-14. The Department of Public Safety shall report to the Department of Education annual statistics regarding crash and fatality data for the State of Mississippi and nationally, including, but not limited to, statistics involving teenage drivers.

SECTION 6. Section 63-1-9, Mississippi Code of 1972, is amended as follows:

63-1-9. (1) No driver's license or learner's 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.

(d) To any person who would not be able by reason of physical or mental disability 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 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.

(f) 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.

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

(h) To any person who has not previously obtained a driver's license unless that person has successfully completed a driver's education and training program certified by the State Board of Education or the Department of Public Safety.

(2) All permits and licenses issued * * * to an individual under the age of eighteen (18) shall be issued as follows:

(a) A learner's 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) A driver's 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 learner's permit for at least one (1) year without any conviction under Section 63-11-30 or of a moving violation and has completed a driver's education and training program certified by the State Board of Education or the Department of Public Safety. Any conviction under Section 63-11-30 or of a moving violation shall restart the one-year requirement for the holding of a learner's permit before an applicant can qualify for a driver's license. An applicant for a driver's license who was unable to make timely application in 2020 for a learner's permit, due to the closure of driver's license offices owing to the Coronavirus Disease 2019 (COVID-19), shall have the period in which he or she was eligible but unable to apply credited toward the one-year requirement for the holding of a learner's permit.

(c) An applicant for a Mississippi driver's license who, at the time of application, is at least sixteen (16) 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 learner's permit before being issued a driver's license.

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

SECTION 7. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.