MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Public Health and Welfare
By: Senator(s) Posey
AN ACT TO AMEND SECTIONS 93-11-153 AND 63-1-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COMMERCIAL DRIVER'S LICENSES SHALL BE EXEMPT FROM THOSE STATUTES PROVIDING FOR THE SUSPENSION OF STATE-ISSUED LICENSES FOR NONCOMPLIANCE WITH CHILD SUPPORT ORDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-11-153, Mississippi Code of 1972, is amended as follows:
93-11-153. As used in Sections 93-11-151 through 93-11-163, the following words and terms shall have the meanings ascribed herein:
(a) "Licensing entity" or "entity" means any entity specified in Title 73, Professions and Vocations, of the Mississippi Code, and includes the Mississippi Department of Public Safety with respect to driver's licenses but not with respect to commercial driver's licenses, the Mississippi State Tax Commission with respect to licenses for the sale of alcoholic beverages and other licenses or registration authorizing a person to engage in a business, the Mississippi Department of Wildlife, Fisheries and Parks with respect to hunting and fishing licenses, and any other state agency that issues a license authorizing a person to engage in a business, occupation or profession. For the purposes of this article, the Supreme Court shall be considered to be the licensing entity for attorneys.
(b) "License" means a license, certificate, permit, credential, registration or any other authorization issued by a licensing entity that allows a person to engage in a business, occupation or profession, to operate a motor vehicle, to sell alcoholic beverages, or to hunt and fish, but does not mean a commercial driver's license.
(c) "Licensee" means any person holding a license issued by a licensing entity.
(d) "Order for support" means any judgment or order that provides for payments of a sum certain for the support of a child, whether it is temporary or final, and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage, or a sum certain due for a support arrearage.
(e) "Out of compliance with an order for support" means that the obligor is at least thirty (30) days in arrears or delinquent in making payments in full for current support, or in making periodic payments on a support arrearage.
(f) "Department" means the Mississippi Department of Human Services.
(g) "Division" means the division within the department that is charged with the state administration of Title IV-D of the Social Security Act.
(h) "Delinquency" means any payments of a sum certain ordered by any court to be paid by a noncustodial parent for the support of a child that have remained unpaid for at least thirty (30) days after payment is due. Delinquency shall also include payments of a sum certain ordered by any court to be paid for maintenance of a spouse that have remained unpaid for at least thirty (30) days.
SECTION 2. Section 63-1-83, Mississippi Code of 1972, is amended as follows:
63-1-83. (1) From and after April 1, 1992, it shall be a violation of this article and the Commissioner of Public Safety shall suspend for a period of one (1) year the commercial driver's license of any person whom he determines to have committed a first violation of:
(a) Driving a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article while under the influence of alcohol or a controlled substance;
(b) Driving a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article while the alcohol concentration of the person's blood, breath or urine is four one-hundredths percent (.04%) or more;
(c) Knowingly and willfully leaving the scene of an accident involving a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article, if the vehicle was driven by such person;
(d) Using a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article in the commission of any felony as defined in this article; or
(e) Refusing to submit to a test to determine the driver's alcohol concentration while driving a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article.
If any of the violations in subsection (1) of this section occurred while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, the commissioner shall suspend the commercial driver's license of such person for a period of three (3) years.
(2) The Commissioner of Public Safety shall suspend the commercial driver's license of a person for life, or such lesser minimum period of time as shall be required under applicable federal law or regulations, if a person is determined to have committed two (2) or more of the violations specified in subsection (1) of this section or any combination of such violations arising from two (2) or more separate incidents. The provisions of this subsection (2) shall apply only to violations occurring on or after April 1, 1992.
(3) The Commissioner of Public Safety shall suspend for life the commercial driver's license of any person who uses a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article in the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance. The provisions of this subsection (3) shall apply only to violations occurring on or after April 1, 1992.
(4) The Commissioner of Public Safety shall suspend for a period of sixty (60) days the commercial driver's license of any person convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) serious traffic violations, committed in a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article arising from separate incidents occurring within a period of three (3) years. The provisions of this subsection (4) shall apply only to violations occurring on or after April 1, 1992.
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SECTION 3. This act shall take effect and be in force from and after its passage.