MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Senator(s) DeBar, Simmons (12th), Tate
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 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 PROVIDE THAT ON OR BEFORE JULY 1, 2025, THE STATE SUPERINTENDENT OF EDUCATION AND THE COMMISSIONER OF PUBLIC SAFETY SHALL JOINTLY PREPARE AN ESTIMATED BUDGET AND FISCAL REPORT OF THE ADDITIONAL EXPENSES AND COSTS RELATED TO THE IMPLEMENTATION OF MANDATORY DRIVER EDUCATION PROGRAMS AND PRESENT THE SAME TO THE LEGISLATURE; 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 EDUCATION AND TRAINING PROGRAM, A DRIVER'S EDUCATION STUDENT SHALL BE ISSUED A CERTIFICATE OF COMPLETION AND COPY OF SAID CERTIFICATE 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; TO PROVIDE THAT THE COMMISSIONER MAY ESTABLISH RULES, REGULATIONS AND RESTRICTIONS FOR THE OPERATION OF A MOTOR VEHICLE DURING THE FIRST 12 MONTHS THAT AN INDIVIDUAL UNDER THE AGE OF 18 POSSESSES A LICENSE; TO PROVIDE THAT BEGINNING JULY 1, 2026, THE DEPARTMENT OF PUBLIC SAFETY SHALL ESTABLISH A DRIVER EDUCATION PROGRAM TO BE TAUGHT THROUGHOUT THE STATE AND MADE AVAILABLE FOR HOME SCHOOL STUDENTS AND ADULTS WHO HAVE NOT OTHERWISE TAKEN A DRIVER'S EDUCATION COURSE; 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. * * * Beginning
with the 2026-2027 school year, the school board of any school district
maintaining a secondary school which includes any of the grades nine (9)
through twelve (12) inclusive, * * *
shall establish and maintain driver education and training programs for
pupils enrolled in the day secondary schools in that district.
* * *
SECTION 2. Section 37-25-5, Mississippi Code of 1972, is amended as follows:
37-25-5. On or before July 1, 2025, 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. Said program shall include both classroom instruction and behind-the-wheel instruction. The State Driver Education and Training Program in secondary schools of this state shall include a program of study for distracted driving, 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. * * * 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
(c) A full-time student in the respective secondary school.
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 * * *.
SECTION 4. The following shall be codified as Section 37-25-8, Mississippi Code of 1972:
37-25-8. Upon satisfactory completion of the State Driver Education and Training Program, a driver's education student shall be issued a Certificate of Completion. A copy of said certificate shall be delivered by the school 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.
(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 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 * * * 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) Beginning on July 1, 2027, to any person who has not previously obtained a driver's license unless that person has successfully completed a Driver Education and Training Program certified by the State Board of Education or the Department of Public Safety; provided, however, a person under the age of eighteen (18) shall be able to receive a learner's permit as otherwise provided in this article.
(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. 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.
(c) An applicant
for a driver's license who was unable to make timely application * * * for a
learner's permit * * * may have the period in which he or she
was eligible but unable to apply due to a hardship credited toward the one-year
requirement for the holding of a learner's permit. The Department of Public
Safety shall set forth the criteria for which a hardship exception may be
granted, at the discretion of the department, to any individual who has completed
a Driver Education and Training Program certified by the Board of Education or
the Department of Public Safety.
( * * *d) 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.
(e) In addition to the restrictions set forth in Section 63-1-21(3), the commissioner may establish rules, regulations and restrictions for the operation of a motor vehicle during the first twelve (12) months that an individual under the age of eighteen (18) possesses a license.
(f) Beginning July 1, 2026, the Department of Public Safety shall establish a Driver Education and Training Program to be taught throughout the state and made available for home school students and adults who have not otherwise taken a driver's education course. Upon completion of the course, each participant shall be issued a Certificate of Completion, and a record of the certificate shall be delivered to the Mississippi Driver Service Bureau.
(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.