MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Transportation

By: Representatives West, Ketchings

AN ACT TO AMEND SECTIONS 63-1-43 AND 63-1-45, MISSISSIPPI CODE OF 1972, TO IMPOSE A FIVE DOLLAR FEE ON THE ISSUANCE AND RENEWAL OF MOTORCYCLE ENDORSEMENTS AND TO PROVIDE THAT THE PROCEEDS FROM THE FEE SHALL BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH A MOTORCYCLE AWARENESS PROGRAM IN EACH OF THE PUBLIC SCHOOLS THAT OFFER DRIVER'S EDUCATION CLASSES AND TO CONDUCT PUBLIC SERVICE ANNOUNCEMENTS ON TELEVISION AND A BILLBOARD CAMPAIGN PROMOTING MOTORCYCLE AWARENESS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 63-1-43, Mississippi Code of 1972, is amended as follows:

63-1-43. (1) The fee for receiving the application and issuing the driver's or operator's license and the fee for renewing the license shall be Twenty Dollars ($20.00) for each applicant for a four-year license and Five Dollars ($5.00) for each applicant for a one-year license. All originals and renewals of regular operators' licenses shall be in compliance with Section 63-1-47.

(2) The fee for receiving the application and issuing a motorcycle endorsement and the fee for renewing the endorsement shall be Five Dollars ($5.00). Motorcycle endorsements shall be valid for the same period of time as the applicant's operator's license.

(3) The fee for receiving the application and issuing a restricted motorcycle operator's license and the fee for renewing such license shall be Thirteen Dollars ($13.00). All originals and renewals of restricted motorcycle licenses shall be valid for a period of four (4) years, in compliance with Section 63-1-47.

(4) From and after January 1, 1990, every person who makes application for an original license or a renewal license to operate a vehicle as a common carrier by motor vehicle, taxicab, passenger coach, dray, contract carrier or private commercial carrier as such terms are defined in Section 27-19-3, except for those vehicles for which a Class A, B or C license is required under Article 2 of this chapter, shall, in lieu of the regular driver's license above provided for, apply for and obtain a Class D commercial driver's license, the fee for which shall be Twenty-five Dollars ($25.00) for a period of four (4) years; provided, however, except as required under Article 2 of this chapter, no driver of a pickup truck shall be required to have a commercial license regardless of the purpose for which the pickup truck is used.

All originals and renewals of commercial licenses issued under this section shall be valid for a period of four (4) years, in compliance with Section 63-1-47. Only persons who operate the above-mentioned vehicles in the course of the regular and customary business of the owner shall be required to obtain a Class D commercial operator's license, and persons operating such vehicles for private purposes or in emergencies shall not be required to obtain such license.

SECTION 2. Section 63-1-45, Mississippi Code of 1972, is amended as follows:

63-1-45. (1) License examiners shall keep a complete record of all funds received from applicants upon forms to be prescribed and furnished by the department out of the operating funds of the department. Application forms shall be printed in book form and serially numbered and in such form that the original thereof may be transmitted by the license examiner to the commissioner, together with the renewal fee. A copy thereof, signed by the examiner, shall be given to the applicant, and a copy thereof shall be retained by the examiner. The license examiner shall, not later than ten (10) days from the date of an application, transmit the same, together with the fee, to the commissioner. Such application blanks and funds shall be subject to audit at any time. The commissioner shall maintain records of all application forms on hand and issued to the examiners, who shall be charged therewith. The receipt provided for herein shall be the only valid and recognized form of receipt for fees paid by applicants, and such receipt shall be sufficient in lieu of the renewed license for a period of sixty (60) days or until such renewed license has been issued to the applicant by the commissioner. There shall be tendered with all applications for a temporary driving permit or temporary motorcycle driving permit, or for the initial issuance of any license issued pursuant to this article, the proper fee required by law, in cash, or by money order, cashier's or certified check. The required fee for issuance of renewal licenses, duplicate licenses or other services for which a fee is charged, shall be tendered with the application therefor by cash, check or money order. In the event a check for renewal of a license is dishonored for any reason, the person whose license was being renewed by such check shall be notified in writing and be given thirty (30) days after such written notice in which to pay the renewal fee. This shall be done by forwarding a certified check or postal money order in the correct amount to the department. If, at the end of thirty (30) days, such certified check or postal money order has not been received by the department, the commissioner shall cancel that person's license, and, in order for that license to be reinstated, a reinstatement fee of Ten Dollars ($10.00) plus the amount due on the returned check must be received by the department.

(2) Except as otherwise provided in subsections (3) and (4) of this section, the Commissioner of Public Safety shall deposit the amount of fees, together with all fees for duplicate licenses, permits, delinquent fees and reinstatement fees collected by him into the general fund of the State Treasury, in accordance with the provisions of Section 45-1-23(2) * * *.

(3) Seven Dollars ($7.00) of the fee derived from the fee charged for original and renewal operators' licenses imposed under Section 63-1-43(1) and Four Dollars ($4.00) of the fee derived from the fee charged for original and renewal Class D commercial drivers' licenses under Section 63-1-43(4) shall be deposited into a special fund that is created in the State Treasury. Monies in such special fund may be expended pursuant to legislative appropriation solely for the purchase by the Mississippi Highway Safety Patrol of patrol cars, communications equipment and weapons.

(4) The Five Dollar ($5.00) fee derived from the issuance and renewal of motorcycle endorsements imposed under Section 63-1-43(2) shall be deposited into a special fund that is created in the State Treasury. Monies in the fund shall be expended, upon legislative appropriation, by the Department of Public Safety solely for the purpose of (a) establishing and operating a motorcycle awareness program in each of the public schools of the state that offer driver's education classes, which program shall be based upon the Motorcycle Safety Foundation program entitled "Cars, Motorcycles, and a Common Road"; and (b) conducting public service announcements on television and a billboard campaign promoting motorcycle awareness.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.