2005 Regular Session
To: Judiciary B
By: Representative Gibbs, Dedeaux, Evans, Fredericks, Green, Holloway, Rogers (14th), Thomas, Whittington
AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE PERSONAL IDENTIFICATION CARDS FOR PERSONS WITH DISABILITIES; TO PRESCRIBE THE INFORMATION TO BE INCLUDED ON THE IDENTIFICATION CARD; TO PROVIDE FOR RENEWAL OF THE IDENTIFICATION CARD; TO PROVIDE FOR A FEE FOR ISSUANCE OF THE CARD; TO PROVIDE THAT MISUSE OF THE IDENTIFICATION CARDS FOR PERSONS WITH DISABILITIES SHALL BE A MISDEMEANOR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this article, the term:
(a) "Commissioner" means the Commissioner of the Department of Public Safety.
(b) "Department" means Department of Public Safety.
(c) "Disability" means any physical, mental or neurological impairment which severely restricts a person's mobility, manual dexterity or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity.
(d) "Identification card for persons with disabilities" means an identification card issued as provided in this article.
(e) "Permanent disability" means any disability which is permanent in nature or which is expected to continue for a period of at least five (5) years.
(f) "Person with disabilities" means any person with a permanent or temporary disability.
(g) "Temporary disability" means any disability which is expected to continue for at least six (6) months but less than five (5) years.
SECTION 2. (1) The Department of Public Safety shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this act, may contain a recent color photograph of the applicant and the following information:
(a) Full legal name;
(b) Address of residence;
(c) Birth date;
(d) Date identification card was issued;
(e) Date identification card expires;
(i) Eye color;
(j) Location where the identification card was issued;
(k) Signature of person identified or facsimile thereof;
(l) Fingerprint of person identified; and
(m) Such other information as required by the department.
(2) The identification card for persons with disabilities shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security number, unless the person specifically requests that the social security number be used. The commissioner shall prescribe the form of identification cards issued pursuant to this article to persons who are not United States citizens and who do not possess a social security number issued by the United States government. The identification cards of such persons shall include a number and any other identifying information prescribed by the commissioner.
SECTION 3. (1) The identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of four (4) years and shall be renewable on the applicant's birthday in the fourth year following such issuance. The identification cards shall be issued to persons:
(a) With obvious permanent disabilities without further verification of disability; and
(b) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one (1) medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal.
(2) The identification card for persons with disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one (1) medical doctor attesting to such disability and estimating the duration of such disability. Such identification cards shall be issued for periods of six (6) months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be presented at each request for renewal thereafter.
SECTION 4. The face of the identification card for persons with disabilities shall bear the word "TRANSPORTATION" with a box or blank space adjacent thereto. The issuer of the card shall place an "X" in such box or blank space if the applicant's disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state.
SECTION 5. The identification card for persons with disabilities shall bear the word "SEATING" with a box or blank space adjacent thereto. The issuer of the card shall place an "X" in such box or blank space if the applicant's disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state.
SECTION 6. The commissioner shall promulgate rules and regulations under which this article shall be implemented.
SECTION 7. The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
SECTION 8. The department shall collect a fee of Fifteen Dollars ($15.00) for an identification card for persons with disabilities, which fee shall be deposited in the State Treasury in the same manner as motor vehicle driver's license fees.
SECTION 9. It is a misdemeanor for any person:
(a) To lend his or her identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and
(b) To display or represent as his or her own any identification card for persons with disabilities not issued to him or her.
SECTION 10. This act shall take effect and be in force from and after July 1, 2005.