MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary, Division A
By: Senator(s) McDaniel, Hudson, Watson, King, Baria, Brown, Clarke, Dickerson, Browning, Davis, Flowers, Gordon, Hyde-Smith, Jackson (11th), Jones, Lee (35th), Horhn, Stone, Tollison, Ward, Yancey, Montgomery, Burton, Butler, Chassaniol, Dearing, Fillingane, Gollott, Hopson, Jackson (15th)
AN ACT TO CREATE "NATHAN'S LAW"; TO AMEND SECTION 63-3-615, MISSISSIPPI CODE OF 1972, TO CLARIFY THE OFFENSE OF PASSING A SCHOOL BUS WHEN STOPPED TO LOAD OR UNLOAD STUDENTS AND TO REVISE THE PENALTY THEREFOR; TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF WIRELESS DEVICES IN SCHOOL CROSSINGS WITHOUT USING HANDS-FREE ACCESSORIES AND TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND ISSUE CURRICULUM GUIDELINES TO SCHOOL DISTRICTS FOR IMPLEMENTATION OF A SCHOOL BUS SAFETY CURRICULUM; TO AMEND SECTION 63-1-33, MISSISSIPPI CODE OF 1972, TO REVISE THE DRIVER'S LICENSE EXAMINATION REQUIREMENTS TO ENSURE COVERAGE THEREON OF SCHOOL BUS SAFETY ISSUES; TO AUTHORIZE CAMERAS ON SCHOOL BUS STOP ARMS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A PUBLIC EDUCATION CAMPAIGN ON SCHOOL BUS SAFETY; TO CREATE A SCHOOL BUS SAFETY TASKFORCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-3-615, Mississippi Code of 1972, is amended as follows:
63-3-615. (1) (a) The driver of a vehicle upon a street or highway upon meeting or overtaking any school bus which has stopped on the street or highway for the purpose of receiving or discharging any school children shall come to a complete stop at least thirty (30) feet from the school bus before reaching the school bus when there is in operation on the school bus the flashing red lights provided in Section 63-7-23 or a retractable, hand-operated stop sign is extended; the driver * * * shall not proceed until the children have crossed the street or highway and the school bus has resumed motion or the flashing red lights are no longer actuated and the hand-operated stop sign is retracted.
(b) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
(2) (a) Except as provided in paragraphs (b) and (c), any person violating the provisions of subsection (1) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined * * * Five Hundred Dollars ($500.00) or imprisoned for not more than one (1) year, or both. In addition, the Commissioner of Public Safety or his duly authorized designee, after conviction and upon receipt of the court abstract, shall suspend the driver's license and driving privileges of the person for a period of thirty (30) days.
(b) Upon a second or subsequent conviction under this section, the person shall be fined not less than Eight Hundred Dollars ($800.00), imprisoned for not more than one (1) year, or both. In addition, the Commissioner of Public Safety or his duly authorized designee, after conviction and upon receipt of the court abstract, shall suspend the driver's license and driving privileges of the person for a period of ninety (90) days.
(c) A conviction under this section for a violation resulting in injury to a child shall be a felony, and the person shall be fined not less than Five Thousand Dollars ($5,000.00) or imprisoned in the custody of the Department of Corrections for not more than five (5) years, or both.
(3) Penalties imposed under this section shall be neither reduced nor suspended.
(4) This section shall be applicable only in the event the school bus shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letters not less than four (4) inches in height.
(5) If the driver of any vehicle is witnessed by a peace officer or the driver of a school bus to have violated this section and the identity of the driver of the vehicle is not otherwise apparent, it shall be an inference that the person in whose name the vehicle is registered committed the violation. In the event that charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court costs may be assessed against only one (1) of the owners. If the vehicle that is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the inference of guilt by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.
SECTION 2. Section 63-1-73, Mississippi Code of 1972, is amended as follows:
63-1-73. (1) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:
(a) "Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radiophones.
(b) "Personal digital assistant" means a wireless electronic communication device that provides for data communication other than by voice.
(c) "Hands-free accessories" means speakerphone capability or a telephone attachment, whether permanently installed in the vehicle or not, that allows use of a wireless communication device without use of either of the operator's hands.
(d) The term "E911" shall have the meaning ascribed in Section 19-5-303.
(e) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 USC Section 332, including a cellular telephone or personal digital assistant. (2) (a) A person may not use a wireless communication device while operating a motor vehicle within a school crossing zone unless the vehicle is stopped or the wireless communication device is used with hands-free accessories if a sign is posted at the crossing zone as required by subsection (5)(a).
(b) A person who is authorized to drive under an intermediate license, a temporary learning permit or a temporary driving permit shall not operate a motor vehicle on a highway while using a wireless communication device to send or receive a written message while the motor vehicle is in motion.
(c) A person shall not use a wireless communication device while operating a passenger bus with a minor passenger on the bus.
(3) This section does not apply to any of the following:
(a) Law enforcement and safety personnel;
(b) Drivers of authorized emergency vehicles;
(c) * * * A person who is reporting reckless or negligent behavior;
(d) * * * A person who believes that the person or another person is in physical danger * * *;
(e) Written messages sent or received while the vehicle is parked; * * *
(f) The use of a wireless communication device for the sole purpose of communicating with any of the following regarding an emergency situation:
(i) An emergency response or E911 operator;
(ii) A hospital, physician's office or health clinic;
(iii) A provider of ambulance services;
(iv) A provider of fire fighting services;
(v) A law enforcement agency;
(g) The use of technology utilizing a cellular connection to a vehicle to relay vehicle operational information between the vehicle and a call center or repair facility; and
(h) A vehicle navigation system utilizing a cellular connection to update databases and provide real-time traffic information.
(4) (a) A violation of this section is a misdemeanor, and upon conviction, is punishable by a fine not to exceed Five Hundred Dollars ($500.00).
(b) If the person violates this section at the time that he is involved in a motor vehicle accident, then the violation is punishable by a fine not to exceed One Thousand Dollars ($1,000.00).
(c) A law enforcement officer investigating a motor vehicle accident in which a person is cited for violating subsection (2)(b) or (c) of this section * * * shall indicate on the written accident report * * * the use of a wireless communication device in violation of this section * * * at the time of the accident.
(5) (a) Every school district shall post a sign at the entrance to each school crossing zone under its jurisdiction to inform drivers that the use of a wireless communication device is prohibited in the school crossing zone and that the driver is subject to a fine if the operator uses a wireless communication device in the school crossing zone.
(b) The Department of Education shall adopt standards that allow the sign required by this subsection to be attached to an existing sign at a minimal cost.
SECTION 3. The State Department of Education shall develop and issue curriculum guidelines to school districts relating to the implementation of a school bus safety curriculum for implementation in Grades kindergarten through 3.
SECTION 4. Section 63-1-33, Mississippi Code of 1972, is amended as follows:
63-1-33. It shall be the duty of the license examiner, when application is made for an operator's license or temporary driving permit, to test the applicant's ability to read and understand road signs and to give the required signals as adopted by the National Advisory Committee on Uniform Traffic Control Devices and the American Association of Motor Vehicle Administrators.
The commissioner shall have prepared and administer a test composed of at least ten (10) questions relating to the safe operation of a motor vehicle and testing the applicant's knowledge of the proper operation of a motor vehicle. Every examination shall ensure adequate knowledge on the part of the applicant as to school bus safety requirements.
Prior to the administration of the test the license examiner shall inspect the horn, lights, brakes, inspection certificate and vehicle registration of the motor vehicle which the applicant expects to operate while being tested, and if he finds that any of the aforementioned items are deficient, no license or endorsement shall be issued to the applicant until same have been repaired.
An applicant for a Mississippi driver's license who, at the time of application, holds a valid motor vehicle driver's license issued by another state shall not be required to take a written test.
Except as otherwise provided by Section 63-1-6, when application is made for an original motorcycle endorsement or a restricted motorcycle operator's license, the applicant shall be required to pass a written test which consists of questions relating to the safe operation of a motorcycle and a skill test similar to the "Motorcycle Operator Skill Test," which is endorsed by the American Association of Motor Vehicle Administrators. The commissioner may exempt any applicant from the skill test if the applicant presents a certificate showing successful completion of a course approved by the commissioner, which includes a similar examination of skills needed in the safe operation of a motorcycle.
SECTION 5. Every school district is authorized to mount a camera on any retractable, hand-operated stop sign that is a part of the equipment of a school bus.
SECTION 6. To the extent that state, federal or other funds are available or appropriated, the Department of Transportation shall conduct an information campaign to educate drivers concerning the provisions of this act and the importance of school bus safety.
SECTION 7. (1) There is created the Mississippi School Bus Safety Task Force which shall be composed of nine (9) members as follows:
(a) Three (3) members appointed by the Speaker of the House of Representatives, one (1) of whom shall be appointed from the membership of the House of Representatives;
(b) Three (3) members appointed by the Lieutenant Governor, one (1) of whom shall be appointed from the membership of the Senate; and
(c) Three (3) members appointed by the Governor.
(2) At its first meeting, the task force shall elect a chairman and vice chairman from its membership and shall adopt rules for transacting its business and keeping records. Members of the task force shall receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force. Members of the task force other than legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41; legislative members of the task force shall receive the expense allowance provided for in Section 5-1-47.
(3) The duties of the task force shall be to:
(a) Make a comprehensive study of school bus safety designs and technology related to safety and law enforcement.
(b) Examine and study approaches taken by other states in the implementation and costs of school bus safety.
(c) Research and develop recommendations relating to school bus safety.
(4) The task force shall publish its findings and recommendations with any proposed legislation in a report to the Governor and the Legislature to be made on or before December 31, 2010.
(5) The task force shall stand dissolved on January 1, 2011.
SECTION 8. Section 7 of this act shall take effect and be in force from and after passage, and the remainder of this act shall take effect and be in force from and after July 1, 2010.