House Bill 472

AN ACT TO AMEND SECTION 63-1-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A DRIVER'S LICENSE, INTERMEDIATE LICENSE OR TEMPORARY DRIVING PERMIT SHALL NOT BE ISSUED TO ANY STUDENT UNDER AGE EIGHTEEN WHO IS ENROLLED IN A PUBLIC OR PRIVATE SCHOOL AND WHO DOES NOT AT THE TIME OF APPLICATION HAVE A CERTAIN MINIMUM GRADE POINT AVERAGE; TO PROVIDE EXCEPTIONS FOR CERTAIN PERSONS; TO PROVIDE THAT A PERSON UNDER AGE EIGHTEEN WHO HOLDS A TEMPORARY DRIVING PERMIT AND DOES NOT MEET THE MINIMUM GRADE POINT AVERAGE REQUIREMENTS AT THE TIME OF APPLICATION FOR AN INTERMEDIATE LICENSE SHALL NOT BE ISSUED AN INTERMEDIATE LICENSE, BUT MAY HAVE THE TEMPORARY DRIVING PERMIT RENEWED; TO PROVIDE THAT A PERSON UNDER AGE EIGHTEEN WHO HOLDS A TEMPORARY DRIVING PERMIT OR INTERMEDIATE LICENSE AND DOES NOT MEET THE MINIMUM GRADE POINT AVERAGE REQUIREMENTS AT THE TIME OF APPLICATION FOR A DRIVER'S LICENSE SHALL NOT BE ISSUED AN DRIVER'S LICENSE, BUT MAY HAVE THE TEMPORARY DRIVING PERMIT OR INTERMEDIATE LICENSE RENEWED; TO AMEND SECTION 63-1-10, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY APPLICANT FOR A DRIVER'S LICENSE, INTERMEDIATE LICENSE OR TEMPORARY DRIVING PERMIT WHO IS UNDER AGE EIGHTEEN MUST SUBMIT WITH THE APPLICATION DOCUMENTATION FROM THE APPROPRIATE AUTHORITY OF THE SCHOOL WHERE THE STUDENT IS ENROLLED THAT THE APPLICANT IS IN COMPLIANCE WITH THE MINIMUM GRADE POINT AVERAGE REQUIREMENTS; TO PROVIDE THAT FOR THOSE STUDENTS WHO ARE EXEMPTED FROM THE MINIMUM GRADE POINT AVERAGE REQUIREMENTS, THE APPROPRIATE AUTHORITY OF THE SCHOOL WHERE THE STUDENT IS ENROLLED SHALL PROVIDE THE STUDENT WITH DOCUMENTATION TO EXCUSE THE STUDENT FROM THOSE REQUIREMENTS; TO AMEND SECTION 63-1-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON UNDER AGE EIGHTEEN WHO HOLDS A DRIVER'S LICENSE AND DOES NOT MEET THE MINIMUM GRADE POINT AVERAGE REQUIREMENTS AT THE TIME OF RENEWAL MAY NOT HAVE THE DRIVER'S LICENSE RENEWED, BUT SHALL BE ISSUED AN INTERMEDIATE LICENSE AT THE TIME OF RENEWAL; 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 driving permit shall be issued under 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 unmarried person under the age of eighteen (18) years who is enrolled in a public, private, church or parochial school in this state or any other state who does not at the time of application present documentation that the person currently has a grade point average (GPA) of at least 2.0 on a 4.0 scale, except for the following persons:

(i) Any person whose GPA is below 2.0 due to acceptable circumstances as determined by the appropriate authority under Section 63-1-10; or

(ii) Any person whose GPA is below 2.0 due to having a learning disability, as defined by the State Department of Education, and as determined by the appropriate authority under 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. A person under eighteen (18) years of age who holds a temporary driving permit and does not meet the grade point average requirements of Section 63-1-9(1)(h) at the time of application for an intermediate license shall not be issued an intermediate license, but may have the temporary driving permit renewed.

(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. A person under eighteen (18) years of age who holds a temporary driving permit or intermediate license and does not meet the grade point average requirements of Section 63-1-9(1)(h) at the time of application for a driver's license shall not be issued a driver's license, but may have the temporary driving permit or intermediate license renewed.

(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. Section 63-1-10, Mississippi Code of 1972, is amended as follows:

63-1-10. (1) Any applicant for a license under eighteen (18) years of age must submit with the application documentation from the appropriate authority that the applicant is in compliance with Section 63-1-9(1)(g) and (h). The appropriate authority shall be the school principal of a public, private, church or parochial school or his designee, or, in the case of a home study program, the parent, or the adult education supervisor of the General Education Development Program or his designee. Documentation of the applicant's enrollment status shall be on a form designed by the Department of Education as approved by the Department of Public Safety in a manner that insures the authenticity of the form and any information or signature contained thereon. Any student who is eligible to apply for a license and who is properly enrolled in a school under the jurisdiction of the authority is entitled to receive the documentation for presentation to the Department of Public Safety to accompany the application. The forms required under this section to provide documentation shall be made available to public * * *, private, church and parochial schools approved by the State Board of * * * Education, and adult education supervisors at school board offices and shall be made available to others through the Department of Public Safety.

(2) Whenever an applicant who is under eighteen (18) years of age is unable to attend any school program due to acceptable circumstances, the appropriate authority where the student last attended shall provide the student with documentation to present to the department to excuse such student from the provisions of Section 63-1-9(1)(g). The appropriate authority shall be the sole judge of whether withdrawal of a student or failure of a student to attend is due to acceptable circumstances. Suspension or expulsion from school or incarceration in a correctional institution is not an acceptable circumstance for a person being unable to attend school.

(3) Whenever an applicant who is under eighteen (18) years of age does not currently have a grade point average (GPA) of at least 2.0 on a 4.0 scale due to acceptable circumstances, or due to having a learning disability, as defined by the State Department of Education, the appropriate authority of the school where the student is enrolled shall provide the student with documentation to present to the Department of Public Safety to excuse the student from the provisions of Section 63-1-9(1)(h). The appropriate authority shall be the sole judge of whether a student having a GPA below 2.0 is due to acceptable circumstances or due to having a learning disability.

(4) Any person denied a license for failure to satisfy the education requirements of Section 63-1-9(1)(g) or the grade point average requirements of Section 63-1-9(1)(h) shall have the right to file a request within thirty (30) days thereafter for a hearing before the Department of Public Safety to determine whether the person is entitled to a license or is subject to the cancellation of his license under the provisions of this section. The hearing shall be held within ten (10) days of the receipt by the department of the request. Appeal from the decision of the department may be taken under Section 63-1-31.

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 under 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 before 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 under 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 grade point average requirements of Section 63-1-9(1)(h), and the documentation must be dated no more than thirty (30) days before the date of application. A person under eighteen (18) years of age who holds a driver's license and does not meet the grade point average requirements of Section 63-1-9(1)(h) at the time of renewal may not have the driver's license renewed, but shall be issued an intermediate license at the time of renewal.

(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.

SECTION 4. This act shall take effect and be in force from and after July 1, 2007.