House Bill 199

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 63-15-8, MISSISSIPPI CODE OF 1972, TO REQUIRE PROOF OF MOTOR VEHICLE LIABILITY INSURANCE OR OTHER FORM OF FINANCIAL RESPONSIBILITY BEFORE RECEIVING MOTOR VEHICLE LICENSE TAGS; TO AMEND SECTIONS 63-1-9 AND 63-1-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO DRIVER'S LICENSE SHALL BE ISSUED TO OR RENEWED FOR ANY PERSON WHO IS UNABLE TO SHOW PROOF OF MOTOR VEHICLE LIABILITY INSURANCE OR OTHER FORM OF FINANCIAL LIABILITY; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 63-15-8, Mississippi Code of 1972:

63-15-8. (1) Every owner of a motor vehicle in this state shall furnish proof of motor vehicle liability insurance or other form of financial responsibility as required by this chapter before such owner may receive a license tag for a motor vehicle or renew a license tag. Proof of motor vehicle liability insurance or other form of financial responsibility as required by this chapter shall be made by signing a certificate on a form prescribed by the Commissioner of Insurance stating that the motor vehicle owner is insured or otherwise financially responsible for at least the minimum requirements as provided by this chapter and in any form as provided by this chapter. Such certificate shall state in bold print that anyone who shall affirmatively sign such certificate who is not insured or otherwise financially responsible for at least the minimum requirements as provided by this chapter shall be subject to a fine of Five Hundred Dollars ($500.00) and imprisonment for a period not exceeding one (1) year, or both such fine and imprisonment. Such certificate shall be furnished to each motor vehicle owner by the tax collector of the county where the motor vehicle is registered. The tax collector shall mail such certificate with a motor vehicle tag renewal notice that shall be mailed back to the tax collector before a tag may be renewed. The tax collector shall also make such certificates available at the tax collector's office during regular business hours. The tax collector shall forward a copy of the certificate to the Department of Public Safety and shall keep the original in the tax collector's records.

(2) Any person who presents or causes to be presented to the department or to any court of this state false evidence of motor vehicle liability insurance or other form of financial responsibility as required by this chapter, upon conviction, shall be guilty of perjury and shall be fined Five Hundred Dollars ($500.00) and shall be subject to imprisonment for a period not exceeding one (1) year, or both such fine and imprisonment. This fine and imprisonment shall be waived if the offender chooses to purchase, and provides proof of such purchase by the court date, motor vehicle liability insurance for a minimum of six (6) months' coverage in at least the minimum amounts required under paragraph (j) of Section 63-15-3. Any person convicted of filing false proof of motor vehicle liability insurance or other form of financial responsibility as required by this chapter shall surrender to the department his driver's license, license plates and registration of the motor vehicle for which false proof was presented and the procedure for the suspension of licenses provided in Section 63-15-11 relating to accidents shall be followed. Such driver's license, license plates and registration shall be reinstated upon payment of any fines and reinstatement fees, serving of a sentence if applicable, upon presentation of proof of financial responsibility for a period of one (1) year or upon presentation of proof of purchase of minimum motor vehicle liability insurance in accordance with the provisions of this subsection. The district attorney of the jurisdiction where any false evidence is filed shall prosecute any violation of this section. Any person convicted under this section shall be assessed with all costs of prosecution and all court costs.

(3) All insurance carriers are required to notify the appropriate tax collector, sheriff and the department when there is a lapse of the liability coverage that was purchased in accordance with this section. Upon such notification, the sheriff may confiscate the motor vehicle license tag, which tag may be returned to the owner in the manner provided in this section.

SECTION 2. 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) 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.

(i) To any person who is unable to show proof of motor vehicle liability insurance or other form of financial responsibility as required under Section 63-15-1 et seq.

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

63-1-47. (1) Except as otherwise provided in this section, 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 which will expire at midnight on the licensee's birthday.

(a) Except as otherwise provided in this section, 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) 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.

(3) The fee for the issuance of an original and renewals of a Class D commercial driver's license under this article to an applicant who is not a United States citizen and who does not possess a social security number issued by the United States government and the period for which such license will be valid and expire shall be as prescribed in Section 63-1-43.

(4) 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 a commercial driver's license issued under this article before January 1, 1990, and which expire after March 31, 1992, that such license 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.

(5) 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.

(6) Except as otherwise provided in this article, each applicant for an original driver's 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 which will expire at midnight on the licensee's birthday. Renewal drivers' licenses of operators under the age of eighteen (18) shall be for one-year periods and may be renewed any time within two (2) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined. An intermediate license shall be valid for one (1) year from its date of issue and may be renewed any time within fourteen (14) days before expiration of the license. All applications 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(1)(g), and the documentation must be dated no more than thirty (30) days prior to the date of application.

(7) Any license issued under this article to a person who is not a United States citizen and who does not possess a social security number issued by the United States government shall expire one (1) year from the date of issuance and may be renewed, if such person is otherwise qualified to renew such license, within thirty (30) days of expiration. The fee for any such license and for renewal shall be as prescribed in Section 63-1-43.

(8) Every person who is applying for an original driver's license or who is renewing a driver's license under this article shall furnish proof of motor vehicle liability insurance or other form of financial responsibility as required by Section 63-15-1 et seq. before a driver's license may be issued to such person.

SECTION 4. This act shall take effect and be in force from and after July 1, 2005.