MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Transportation

By: Representative Barnett (92nd), Capps

House Bill 522

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 63-1-19, 63-1-81 AND 45-35-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MALES WHO ARE AT LEAST 18 YEARS OF AGE BUT LESS THAN 26 YEARS OF AGE WHO APPLY FOR A REGULAR DRIVER'S LICENSE OR PERMIT, FOR A COMMERCIAL DRIVER'S LICENSE OR PERMIT, FOR AN IDENTIFICATION CARD ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY, OR FOR RENEWAL OF ANY SUCH LICENSE, PERMIT OR IDENTIFICATION CARD SHALL BE AUTOMATICALLY REGISTERED WITH THE SELECTIVE SERVICE SYSTEM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-1-19, Mississippi Code of 1972, is amended as follows:

     63-1-19.  (1)  (a)  Every applicant for a license or permit issued pursuant to this article, or for renewal of such license or permit, shall file an application for such license, permit or renewal, on a form provided by the Department of Public Safety, with the commissioner or an official license examiner of the department.  All persons not holding valid, unexpired licenses issued in this state shall be required to secure an original license, except those specifically exempted from licensing under Section 63-1-7.  The application shall state the name, date of birth, social security number, sex, race, color of eyes, color of hair, weight, height and residence address, and whether or not the applicant's privilege to drive has been suspended or revoked at any time, and, if so, when, by whom, and for what cause, and whether any previous application by him has been denied, and whether he has any physical defects which would interfere with his operating a motor vehicle safely upon the highways.

          (b)  Every applicant for an original license shall show proof of domicile in this state.  The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which an applicant for an original license may show domicile in this state.  Proof of domicile shall not be required of applicants under eighteen (18) years of age.

          (c)  Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

     (2)  (a)  Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for a permit or license or a renewal of a permit or license under this chapter shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx 451 et seq., as amended.

          (b)  The department shall forward in an electronic format the necessary personal information of the applicant to the Selective Service System.  The applicant's submission of the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration.  The commissioner shall notify the applicant on, or as a part of, the  application that his submission of the application will serve as his consent to registration with the Selective Service System, if so required.  The commissioner also shall notify any male applicant under the age of eighteen (18) that he will be registered upon turning age eighteen (18) as required by federal law.

     SECTION 2.  Section 63-1-81, Mississippi Code of 1972, is amended as follows:

     63-1-81.  (1)  Each application for a commercial driver's license or commercial driver instruction permit shall include the following:

          (a)  The full name and the current mailing and residential address of the applicant;

          (b)  A physical description of the applicant, including sex, height, weight, eye and hair color;

          (c)  The applicant's date of birth;

          (d)  The applicant's social security number unless the application is for a nonresident commercial driver's license;

          (e)  The applicant's signature;

          (f)  The applicant's color photograph;

          (g)  All certifications required by applicable federal regulations;

          (h)  Any other information which the Commissioner of Public Safety, by rule or regulation, determines necessary and essential; and

          (i)  The consent of the applicant to release driving record information.

     (2)  The fee for accepting and processing an application for a commercial driver instruction permit shall be Ten Dollars ($10.00).

     (3)  The fee for accepting and processing an application for a Class A, B or C commercial driver's license shall be Twenty-five Dollars ($25.00).

     (4)  No person who has been a resident of this state for thirty (30) days may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.  Any violation of this subsection shall be punishable as provided by Section 63-1-69, Mississippi Code of 1972.

     (5)  Any person who knowingly falsifies information or certifications required under subsection (1) of this section shall be subject to the penalties prescribed in Section 63-1-59, Mississippi Code of 1972, and shall be subject to suspension of his commercial driver instruction permit or commercial driver's license in accordance with Section 63-1-51, Mississippi Code of 1972.

     (6)  Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

     (7)  (a)  Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for a commercial license or renewal of a commercial license under this article shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx 451 et seq., as amended.

          (b)  The department shall forward in an electronic format the necessary personal information of the applicant to the Selective Service System.  The applicant's submission of the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration.  The commissioner shall notify the applicant on, or as a part of, the  application that his submission of the application will serve as his consent to registration with the Selective Service System, if so required.  The commissioner also shall notify any male applicant under the age of eighteen (18) that he will be registered upon turning age eighteen (18) as required by federal law.

     SECTION 3.  Section 45-35-7, Mississippi Code of 1972, is amended as follows:

     45-35-7.  (1)  Except as provided in subsection (3) of this section, each applicant for an original identification card issued pursuant to this chapter who is entitled to issuance of such a card shall be issued a four-year card.  Each card shall expire at midnight on the last day of the cardholder's birth month.

     (2)  Except as providedinsubsection (3) of this section, all renewal identification cards shall be for four-year periods and may be renewed any time during the birth month of the cardholder upon application and payment of the required fee.

     (3)  Any applicant who is blind, as defined in Section 43-6-1, upon payment of the fee prescribed in this section, shall be issued an original identification card which shall remain valid for a period of ten (10) years.  All renewal identification cards issued to such persons shall also be valid for a period of ten (10) years.

     (4)  A fee of Eleven Dollars ($11.00) shall be collected for the issuance of an original or renewal identification card.

The Commissioner of Public Safety, by rule or regulation, shall establish a driver's license photograph fee which shall be the actual cost of the photograph rounded off to the next highest dollar.  Monies collected for the photograph fee shall be deposited into a special photograph fee account which the Department of Public Safety shall use to pay the actual cost of producing the photographs.  Any monies collected in excess of the actual costs of the photography shall be deposited to the General Fund of the State of Mississippi.  Such fee shall be deposited into the State General Fund.

     (5)  Any person who, for medical reasons, surrenders his unexpired driver's license, and any person whose unexpired driver's license is suspended for medical reasons by the Commissioner of Public Safety under Section 63-1-53(e), may be issued an identification card without payment of a fee.  The identification card shall be valid for a period of four (4) years from its date of issue.  All renewals of such card shall be subject to the fee prescribed in subsection (4) of this section.

     (6)  The department shall maintain a record of all identification cards issued, except for those cards cancelled, surrendered or denied renewal.

     (7)  (a)  Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for an identification card or a renewal of an identification card under this chapter shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx 451 et seq., as amended.

          (b)  The department shall forward in an electronic format the necessary personal information of the applicant to the Selective Service System.  The applicant's submission of the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration.  The commissioner shall notify the applicant on, or as a part of, the application that his submission of the application will serve as his consent to registration with the Selective Service System, if so required.  The commissioner also shall notify any male applicant under the age of eighteen (18) that he will be registered upon turning age eighteen (18) as required by federal law.

     SECTION 4.  This act shall take effect and be in force from and after September 1, 2002.