Bill Text: MS HB1339 | 2010 | Regular Session | Introduced
Bill Title: Driver's license; suspend for default on educational loans or service scholarships.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1339 Detail]
Download: Mississippi-2010-HB1339-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Transportation
By: Representative Howell
House Bill 1339
AN ACT TO AMEND SECTIONS 63-1-53 AND 63-1-216, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO SUSPEND THE DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE OF ANY LICENSEE WHO DEFAULTS ON OR FAILS TO COMPLY WITH THE REQUIREMENTS OF AN EDUCATIONAL LOAN, SERVICE CONDITIONAL SCHOLARSHIP OR LOAN REPAYMENT PROGRAM OBLIGATION THAT HAS BEEN GRANTED OR GUARANTEED BY ANY FEDERAL, STATE OR LOCAL AGENCY OR POLITICAL SUBDIVISION; TO PROVIDE THAT THE PERSON'S DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE SHALL REMAIN SUSPENDED UNTIL HE OR SHE HAS MADE SATISFACTORY ARRANGEMENTS FOR REPAYING THE EDUCATIONAL LOAN OR MEETING THE OBLIGATIONS OF THE SCHOLARSHIP OR LOAN REPAYMENT PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-53, Mississippi Code of 1972, is amended as follows:
63-1-53. (1) Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of this title, or upon failure of any person to pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to such person by United States first-class mail at his last known address advising such person that, if within ten (10) days after such notice is deposited in the mail, the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of Public Safety and the commissioner may suspend the driver's license of such person. The actual cost incurred by the court in the giving of such notice may be added to any other court costs assessed in such case. If within ten (10) days after the notice is given in accordance with this subsection such person has not satisfactorily disposed of the matter pending before the court, then the clerk of the court immediately shall mail a copy of the abstract of the court record, along with a certified copy of the notice given under this subsection, to the commissioner, and the commissioner may suspend the driver's license of such person as authorized under subsections (2) and (3) of this section.
(2) The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(e) Is incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license;
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;
(h) Has failed to pay any fine, fee or other assessment levied as a result of any violation of this title;
(i) Has failed to respond to a summons or citation which charged a violation of this title; * * *
(j) Has committed a violation for which mandatory revocation of license is required upon conviction, entering a plea of nolo contendere to, or adjudication of delinquency, pursuant to the provisions of subsection (1) of Section 63-1-71; or
(k) Has defaulted on or fails to comply with the requirements of an educational loan, service conditional scholarship or loan repayment program obligation that has been granted or guaranteed by any federal, state or local agency or political subdivision. The State Board of Education, acting on its own motion or, in the case of a default on a loan, on the recommendation of the agency, political subdivision or other public or private entity to which payments are due, must recommend the suspension of the person's driver's license. However, before an agency, political subdivision or other public or private entity may recommend the suspension of a driver's license due to the person's default on a loan, that agency, political subdivision or other public or private entity must provide the license holder with notice of its intention to recommend the suspension of the person's driver's license and an opportunity for the license holder to respond. The person's driver's license will remain suspended until the person has: (i) made arrangements satisfactory to the State Board of Education for meeting the obligations of the loan, scholarship or loan repayment program; or (ii) in the case of a default on a loan, made arrangements satisfactory to the agency, political subdivision or other public or private entity to which payments are due for the repayment of the loan.
(3) Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practicable, but not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some 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 and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.
(4) If a licensee has not paid all fines, fees or other assessments levied as a result of a violation of this title within ninety (90) days after the commissioner has suspended the license of a person under subsection (2)(i) of this section, the court is authorized to pursue collection under Section 21-17-1(6) or 19-3-41(2) as for any other delinquent payment, and shall be entitled to collection of all additional fees authorized under those sections.
SECTION 2. Section 63-1-216, Mississippi Code of 1972, is amended as follows:
63-1-216. Disqualification and suspension. (1) (a) A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if convicted of a first violation of:
(i) Operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence as provided in Section 63-11-30;
(ii) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(iii) Using a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year;
(iv) Refusal to submit to a test to determine the operator's alcohol concentration, as provided in Title 63, Chapter 11, Mississippi Code of 1972;
(v) Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway with an alcohol concentration of eight one-hundredths percent (0.08%) or more, or under the influence of intoxicating liquor or other substance, as provided in Section 63-11-30;
(vi) Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely as provided in Section 63-11-30;
(vii) Operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified;
(viii) Operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.
(b) A person shall be disqualified from driving a commercial motor vehicle for three (3) years if convicted of a violation listed in subsection (1) of this section, if the violation occurred while transporting a hazardous material required to be placarded.
(c) A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two (2) or more violations or a combination of them listed in subsection (1) of this section arising from two (2) or more separate occurrences.
(d) A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period. A disqualification for three (3) serious traffic violations must be imposed consecutively to any other previous period of disqualification.
(e) A person shall be disqualified from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug and for which the person was convicted.
(f) A person who is disqualified from driving a commercial motor vehicle shall surrender the person's Mississippi commercial driver's license no later than the effective date of the disqualification. Upon receipt of the person's commercial driver's license, that person, if otherwise eligible, may apply for a non-CDL, and upon payment of sufficient fees receive the driver's license.
(g) The commissioner shall adopt rules establishing guidelines, including conditions, under which a disqualification for life under this section, except that a disqualification issued pursuant to paragraph (e) of this subsection may be reduced to a period of not less than ten (10) years.
(h) A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.
(i) A person shall be disqualified from driving a commercial motor vehicle for a period of one hundred twenty (120) days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident.
(j) A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.
(k) A person who is simultaneously subject to a disqualification issued by the administrator of the Federal Motor Carrier Safety Administration pursuant to 49 CFR, Part 383.52 and a disqualification under any other provision of this section shall serve those disqualification periods concurrently.
(2) (a) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for one (1) year, if:
(i) The person is convicted of a first violation of operating, attempting to operate or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence, as provided in Section 63-11-30; and
(ii) The person's commercial driver's license is issued by a state or country that does not issue commercial driver's licenses and disqualify persons in accordance with 49 CFR, Parts 383 and 384.
(b) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for three (3) years if the person is convicted of violating subsection (1) of this section, and the violation occurred while the person was transporting a hazardous material required to be placarded.
(c) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person is convicted a second time of violating subsection (1) of this section, and both convictions arise out of separate occurrences.
(d) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for sixty (60) days if the person is convicted of two (2) serious traffic violations, or for one hundred twenty (120) days if the person is convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period.
(e) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person uses a commercial motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year, involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug, and for which the person was convicted.
(f) In addition to the reasons specified in this section for suspension of the commercial driver's license, the commissioner shall be authorized to suspend the commercial driver's license of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a commercial driver's license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(g) In addition to the reasons specified in this section for suspension of the commercial driver's license, the commissioner shall be authorized to suspend the commercial driver's license of any person who has defaulted on or fails to comply with the requirements of an educational loan, service conditional scholarship or loan repayment program obligation that has been granted or guaranteed by any federal, state or local agency or political subdivision. The State Board of Education, acting on its own motion or, in the case of a default on a loan, on the recommendation of the agency, political subdivision or other public or private entity to which payments are due, must recommend the suspension of the person's commercial driver's license. However, before an agency, political subdivision or other public or private entity may recommend the suspension of a commercial driver's license due to the person's default on a loan, that agency, political subdivision or other public or private entity must provide the license holder with notice of its intention to recommend the suspension of the person's commercial driver's license and an opportunity for the license holder to respond. The person's commercial driver's license will remain suspended until the person has: (i) made arrangements satisfactory to the State Board of Education for meeting the obligations of the loan, scholarship or loan repayment program; or (ii) in the case of a default on a loan, made arrangements satisfactory to the agency, political subdivision or other public or private entity to which payments are due for the repayment of the loan.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.
