Bill Text: MS SB2367 | 2016 | Regular Session | Introduced
Bill Title: Driver's licenses; clarify issuance to legal resident aliens.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2367 Detail]
Download: Mississippi-2016-SB2367-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division B
By: Senator(s) Hopson
Senate Bill 2367
AN ACT TO AMEND SECTION 63-1-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THE ISSUANCE OF DRIVER'S LICENSE TO NONCITIZENS LEGALLY RESIDING IN THIS STATE; TO BRING FORWARD SECTION 63-1-47, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; 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 regular learner's 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 or territory of the United States or the District of Columbia, if the revocation or suspension period has not expired.
(c) To any person who is an habitual drunkard or who is addicted to the use of other narcotic drugs.
(d) To any person who would not be able by reason of physical or mental disability 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 are driving a car provided with mechanical devices whereby the person is 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 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.
(f) 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 educational development certificate issued to the person in this state or any other state; or on whose behalf documentation has not been received by the Department of Public Safety from that person or a school official verifying that the person:
(i) Is enrolled and making satisfactory progress in a course leading to a general educational 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.
(g) To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30.
(2) * * * (a) A regular learner's 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 sixteen (16) years of age who otherwise meets the requirements of this article and who has held a regular learner's permit for at least one (1) year 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 one-year requirement for the holding of a regular learner's 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 and one-half (16-1/2) 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 regular learner's 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
and one-half (16-1/2) 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 regular learner's permit or an intermediate license before
being issued a driver's license.
(e) An applicant for a Mississippi driver's license who, at the time of application, is at least eighteen (18) years of age, has held a valid motor vehicle driver's license issued by another country for at least six (6) months, and who is otherwise qualified shall not be required to hold a regular learner's permit or an intermediate license before being issued a driver's license.
(3) The commissioner shall ensure that the regular learner's permit, intermediate license and driver's license issued under this article are clear, distinct and easily distinguishable from one another.
SECTION 2. Section 63-1-47, Mississippi Code of 1972, is brought forward as follows:
63-1-47. (1) (a) Except as otherwise provided in this section, each applicant for an original or renewal Class R or Class D license issued pursuant to this article, who is entitled to issuance of same, shall be issued a four-year license or an eight-year license, at the option of the applicant, which will expire at midnight on the licensee's birthday 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) The term of an intermediate license issued under this article shall be one (1) year.
(c) The term of an iginition-interlock-restricted license issued under this article shall be four (4) years.
(2) Any commercial driver's license issued under Article 5 of this chapter shall be issued for a five-year term to expire at midnight on the licensee's birthday.
(3) (a) All applications by an operator under eighteen (18) years of age 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 used in establishing compliance must be dated no more than thirty (30) days before the date of application.
(b) All applications by an operator under eighteen (18) years of age, if applicable, must be accompanied by documentation signed and notarized by the parent or guardian of the applicant and the appropriate school official, authorizing the release of the applicant's attendance records to the Department of Public Safety as required under Section 63-1-10.
(c) The commissioner shall suspend the driver's license, intermediate license or regular learner's permit of a student under eighteen (18) years of age who has been reported by the Department of Education as required by Section 63-1-10.1, and shall give notice of the suspension to the licensee as provided in Section 63-1-52(4). A school superintendent or designee may request that the driver's license, intermediate license or regular learner's permit that has been suspended under the provisions of this subsection be reinstated after the student has successfully completed nine (9) weeks of school attendance without an unlawful absence.
(4) (a) Any original or renewal license issued under this chapter to a person who is not a United States citizen shall expire four (4) years from the date of issuance or on the expiration date of the applicant's authorized stay in the United States, whichever is the lesser period of time, and may be renewed, if the person is otherwise qualified to renew the 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.
(b) Any applicant for an original or renewal license under this subsection (4) must present valid documentary evidence documenting that the applicant:
(i) Is a citizen or national of the United States;
(ii) Is an alien lawfully admitted for permanent or temporary residence in the United States;
(iii) Has conditional permanent residence status in the United States;
(iv) Has an approved application for asylum in the United States or has entered into the United States in refugee status;
(v) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into or lawful presence in the United States;
(vi) Has a pending application for asylum in the United States;
(vii) Has a pending or approved application for temporary protected status in the United States;
(viii) Has approved deferred-action status;
(ix) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States; or
(x) Has a valid employment authorization card issued by the United States Department of Homeland Security.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.
