House Bill 1091

AN ACT TO AMEND SECTION 63-1-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE, INTERMEDIATE LICENSE OR TEMPORARY LEARNING PERMIT TO PERSONS WHO SUFFER FROM SEIZURE DISORDER, MOMENTARY LAPSES OF CONSCIOUSNESS OR OTHER CONDITIONS HAVING A SIMILAR EFFECT UPON RECEIPT BY THE DEPARTMENT OF PUBLIC SAFETY FROM SUCH PERSON'S LICENSED PHYSICIAN OF A STATEMENT VERIFYING THAT SUCH PERSON HAS REMAINED FREE OF SEIZURE OR LAPSE OF CONSCIOUSNESS FOR A PERIOD OF SIX MONTHS; 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 and/or territory of the United States or the District of Columbia, and such revocation or suspension period has not expired.

(d) Subject to the provisions of paragraph (e) of this section, 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 suffers from uncontrolled epilepsy (also known as seizure disorder), momentary lapses of consciousness or control due to epilepsy, cardiac syncope, diabetes or other conditions having a similar effect. However, any such person shall be entitled to be issued a driver's license, intermediate license or temporary learning permit, if such person is otherwise qualified, upon receipt by the Department of Public Safety from such person's licensed physician of a statement verifying that such person has remained free of seizure or lapse of consciousness for a period of six (6) months.

(f) 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.

(g) 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.

(h) 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.

(i) 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, 2000, shall be valid according to the terms upon which issued. From and after July 1, 2000:

(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 fifteen (15) years of age who otherwise meets the requirements of this article and who has held a temporary driving permit 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 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 (16) 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 (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 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. This act shall take effect and be in force from and after July 1, 2002.