MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Hall

AN ACT TO AMEND SECTION 63-1-9, MISSISSIPPI CODE OF 1972, TO REQUIRE SUSPENSION OF THE DRIVERS' LICENSES OF CERTAIN MOTOR VEHICLE OPERATORS WHO ARE 15 YEARS OF AGE UPON CONVICTION FOR A VIOLATION OF THE RESTRICTIONS ON THE HOURS DURING WHICH THE DRIVERS' LICENSES OF SUCH MINORS ARE VALID; TO AMEND SECTION 63-1-55, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; TO AMEND SECTION 63-1-47, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO RENEW THE DRIVERS' LICENSES OF MOTOR VEHICLE OPERATORS WHO ARE 15 YEARS OF AGE WITHIN 14 DAYS BEFORE EXPIRATION; TO AMEND SECTION 63-1-46, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FEES FOR THE REINSTATEMENT OF DRIVERS' LICENSES THAT HAVE BEEN SUSPENDED, REVOKED OR CANCELLED SHALL NOT BE APPLICABLE TO THE ISSUANCE OF LICENSES TO CERTAIN MINORS WHOSE LICENSES WERE SUSPENDED; 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 license shall be issued pursuant to this article:

(a) To any person under the age of sixteen (16) years except as provided in subsection (2) of this section.

(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) Upon meeting all other state requirements for licensure, a minor who is a resident of this state and who is fifteen (15) years of age may apply for and be issued a driver's license if:

(a) He presents to the Department of Public Safety, at the time of application, documentation satisfactory to the Commissioner of Public Safety that the minor resides with a physically impaired parent whose physical impairment prevents the parent from securing a driver's license; or

(b) He presents to the Department of Public Safety, at the time of application, on a form prepared by and approved by the Commissioner of Public Safety, an affidavit signed by a parent or guardian of the minor and by the employer of the minor, with each signature being witnessed and acknowledged by a notary public or other person authorized under the laws of this state to administer oaths, stating that the minor is gainfully employed and, in order to avoid a severe hardship, needs to be authorized to drive a vehicle in order to retain his employment.

(3) A driver's license issued under paragraph (2)(b) of this section shall be restricted for use between the hours of 6:00 a.m. and 10:00 p.m. It shall be unlawful for any minor who is issued a driver's license under paragraph (2)(b) of this section to operate a motor vehicle between the hours of 10:00 p.m. and 6:00 a.m.

In addition to the penalties prescribed under Section 63-1-69, the commissioner shall suspend the driver's license and driving privileges of any minor who is convicted for a violation of this subsection (3) until the minor is sixteen (16) years of age. Thereafter, a minor whose driver's license and driving privileges have been suspended under this subsection may be issued a driver's license only after making application with the Department of Public Safety for the issuance of a temporary driving permit, taking and passing the applicable written test and driving skills test, paying the applicable fees, and meeting all other requirements of applicants for the issuance of original drivers' licenses.

SECTION 2. Section 63-1-55, Mississippi Code of 1972, is amended as follows:

63-1-55. A trial judge, in his discretion, if the person so convicted or who has entered a plea of guilty for any traffic violation, except the offenses enumerated in paragraphs (a) through (e) of subsection (1) of Section 63-1-51, * * * violations of the Implied Consent Law and the Uniform Controlled Substances Law and violations of Section 63-1-9, is a minor and dependent upon and subject to the care, custody and control of his parents or guardian, may, in lieu of the penalties otherwise provided by law and the provision of said section, suspend such minor's driver's license by taking and keeping same in custody of the court for a period of time not to exceed ninety (90) days. The judge so ordering such suspension shall enter upon his docket "DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ______ DAYS IN LIEU OF CONVICTION" and such action by the trial judge shall not constitute a conviction. The trial judge also may require the minor to successfully complete a defensive driving course approved by the judge as a condition of the suspension. Costs of court and penalty assessment for driver education and training program may be imposed in such actions within the discretion of the court. Should a minor appeal, in the time and manner as by law provided, the decision whereby his license is suspended, the trial judge shall then return said license to the minor and impose the fines and/or penalties that he would have otherwise imposed and same shall constitute a conviction.

SECTION 3. Section 63-1-47, Mississippi Code of 1972, is amended as follows:

63-1-47. (1) 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. Each license will expire at midnight on the licensee's birthday.

(a) 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) [none]

(3) 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.

(4) [none]

(5) 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 commercial drivers' licenses issued under this article before January 1, 1990, and which expire after March 31, 1992, that such licenses 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.

(6) 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.

(7) Each applicant for an original 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. Each license will expire at midnight on the licensee's birthday. Renewal licenses of operators who are at least sixteen (16) years of age but under the age of eighteen (18) shall be for one-year periods and may be renewed anytime within two (2) months before the expiration of the license upon application and payment of the required fee * * *. For an operator who is fifteen (15) years of age, upon application and payment by the licensee of the required fee, any license that was issued under Section 63-1-9(3) may be renewed at any time beginning fourteen (14) days before the licensee's sixteenth birthday and, upon renewal, the restrictions on the hours during which the license is valid shall be removed. The application for renewal 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(g); the documentation must be dated no more than thirty (30) days prior to the date of application.

SECTION 4. Section 63-1-46, Mississippi Code of 1972, is amended as follows:

63-1-46. (1) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been validly suspended, revoked or cancelled, except a minor whose license has been suspended under Section 63-1-9(3). This fee shall be in addition to the fee provided for in Section 63-1-43.

(2) The funds received under the provisions of subsection (1) of this section shall be deposited into the State General Fund in accordance with Section 45-1-23.

(3) In addition to the fee provided for in subsection (1) of this section, an additional fee of Seventy-five Dollars ($75.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.

(4) The funds received under the provisions of subsection (3) of this section shall be placed in a special fund hereby created in the State Treasury. Monies in such special fund may be expended solely to contribute to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol such amounts as are necessary to make sworn agents of the Mississippi Bureau of Narcotics who were employed by such bureau prior to December 1, 1990, and who were subsequently employed as enforcement troopers by the Department of Public Safety, full members of the retirement system for the Mississippi Highway Safety Patrol with full credit for the time they were employed as sworn agents for the Mississippi Bureau of Narcotics. The Board of Trustees of the Public Employees' Retirement System shall certify to the State Treasurer the amounts necessary for the purposes described above. The State Treasurer shall monthly transfer from the special fund created pursuant to this subsection the amounts deposited in such special fund to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol until such time as the certified amount has been transferred. At such time as the certified amount has been transferred, the State Treasurer shall transfer any funds remaining in the special fund created pursuant to this subsection to the State General Fund and shall then dissolve such special fund. This subsection (4) of Section 63-1-46 shall stand repealed at such time when the State Treasurer transfers funds and dissolves the special fund account in accordance with the provisions of this subsection.

(5) The procedure for the reinstatement of a license issued pursuant to this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.