House Bill 955

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 63-1-50, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF PUBLIC SAFETY TO CONDUCT AN INVESTIGATION AND REQUIRE REEXAMINATION OF A PERSON WHO HAS BEEN ISSUED A DRIVER'S LICENSE OR DRIVING PERMIT IF THE COMMISSIONER HAS REASON TO BELIEVE THAT THE APPLICANT HAS A PHYSICAL OR MENTAL DISABILITY OR INFIRMITY RENDERING IT UNSAFE FOR THAT PERSON TO OPERATE A MOTOR VEHICLE ON THE ROADS, STREETS OR HIGHWAYS IN THIS STATE; TO PRESCRIBE A PROCEDURE FOR THE INITIATION OF SUCH INVESTIGATION AND REEXAMINATION BASED UPON INFORMATION PROVIDED TO THE COMMISSIONER BY A LAW ENFORCEMENT OFFICER, PHYSICIAN, FAMILY MEMBER OR OTHER PERSON WHO HAS OBSERVED OR WHO HAS PERSONAL KNOWLEDGE OF THE APPLICANT'S PHYSICAL OR MENTAL CONDITION; TO AFFORD A LICENSEE OR PERMITTEE NOTICE AND AN OPPORTUNITY TO BE HEARD AT ANY SUCH HEARING; TO AUTHORIZE THE COMMISSIONER OF PUBLIC SAFETY TO REVOKE THE LICENSE OR PERMIT OF SUCH PERSON UPON A FINDING BASED UPON SUBSTANTIAL EVIDENCE THAT SUCH PERSON HAS A PHYSICAL OR MENTAL DISABILITY OR INFIRMITY RENDERING IT UNSAFE FOR THAT PERSON TO OPERATE A MOTOR VEHICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 63-1-50, Mississippi Code of 1972:

63-1-50. (1) The Commissioner of Public Safety may conduct an investigation and require reexamination of a person who has been issued a driver's license or permit under the provisions of this article if the commissioner has reason to believe that the applicant has a physical or mental disability or infirmity rendering it unsafe for that person to operate a motor vehicle on the roads, streets or highways in this state. The decision of the

commissioner to take such action may be based upon written information provided on a form developed by the commissioner and submitted to the commissioner by a law enforcement officer, physician, family member or any other person who has observed or who has personal knowledge of the applicant's physical or mental condition.

(2) The form submitted under subsection (1) of this section shall:

(a) Provide the full name of the licensee or permittee, his or her driver's license or permit number (if known), his or her address and telephone number, and a detailed explanation of the reasons why an investigation and reexamination of the applicant's ability to operate a motor vehicle should be conducted;

(b) Provide the full name of the person submitting the form to the commissioner, his or her address and telephone number, his or her personal or professional relationship, if any, to the licensee or permittee, and his or her signature; and

(3) Such investigation and reexamination may be conducted pursuant to this section notwithstanding any restriction, suspension, revocation, cancellation or denial of a license or permit or the driving privileges of any person under this article or under the provisions of any other law.

(4) If the commissioner determines that an investigation and reexamination of a licensee or permittee should be conducted, notice of such investigation and reexamination shall be given to the licensee or permittee, in writing, by United States first class mail, at the person's address as it appears on the driving record maintained by the Department of Public Safety or at the person's last known address, or by personal notice being given by any law enforcement officer of this state or any duly authorized agent of the Commissioner of Public Safety on forms prescribed and furnished by the commissioner. Upon request of the licensee or permittee, he or she shall be afforded an opportunity for a hearing as early as practical within not to exceed twenty (20) days after receipt of such request in the county wherein the licensee or permittee resides unless the commissioner and the licensee or permittee agree that the hearing may be held in such other county. Upon such hearing, the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books, documents, records and papers and may require a reexamination of the licensee or permittee. No fee may be charged by the Department of Public Safety for such reexamination. If the licensee or permittee fails to appear, the commissioner may suspend such person's license or permit immediately and such license or permit shall remain suspended until the licensee or permittee appears for a reexamination.

(5) If at such hearing, or if no such hearing is requested, the commissioner, or his duly authorized agent, finds, based upon substantial evidence, that the licensee or permittee has a physical or mental disability or infirmity rendering it unsafe for that person to operate a motor vehicle on the roads, streets or highways in this state, he shall revoke the license or permit of such person and require such person to surrender his license or permit to the Department of Public Safety. Notice of such action shall be given to such person in the same manner as provided under subsection (4) of this section.

(6) A person who is aggrieved by a final decision of the Commissioner of Public Safety may appeal such decision in the manner provided by law to the circuit court of the county in which such person resides.

(7) The provisions of this section shall not be construed to restrict or limit the authority of the Commissioner of Public Safety, his designee, or the Department of Public Safety from denying the issuance of any license or permit to a person under Section 63-1-9(d), denying renewal of any license or permit to a person under Section 63-1-49, or suspending, cancelling or revoking the license or permit or the driving privileges of any person under Section 63-1-51, Section 63-1-53 or under the provisions of any other law.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.