MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Transportation

By: Representative Clarke

House Bill 1445

AN ACT TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO PROVIDE FOR A VOLUNTARY DESIGNATION OF CERTAIN MEDICAL INFORMATION OF THE LICENSEE ON THE REVERSE SIDE OF A DRIVER'S LICENSE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-1-35, Mississippi Code of 1972, is amended as follows:

     63-1-35.  (1)  The Commissioner of Public Safety shall prescribe the form of licenses issued pursuant to this article which shall, among other features, include a driver's license number assigned by the Department of Public Safety which, at the option of the licensee, may or may not be the social security number of the licensee.  A licensee who chooses not to use his social security number as his driver's license number, except as otherwise provided under subsection (2) of this section, shall list his social security number with the department which shall cross reference the social security number with the driver's license number for purposes of identification.  Additionally, each license shall bear a full face color photograph of the licensee in such form that the license and the photograph cannot be separated.  Such photograph shall be taken so that one (1) exposure will photograph the applicant and the application simultaneously on the same film.  The department shall use a process in the issuance of a license with a color photograph which shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of such license or the superimposition of a photograph without ready detection.  Such photograph shall be replacedby the department at the time of renewal.  Driver licenses, including photographs appearing thereon, may be renewed by electronic means according to rules and regulations promulgated by the commissioner.  The Department of Public Safety may accept bank credit cards and debit cards in payment of fees for driver license renewals that are processed by electronic means and, if authorized by general law, may charge an additional fee for the use of such cards.

     (2)  The commissioner shall prescribe the form of licenses issued pursuant to this article to licensees who are not United States citizens and who do not possess a social security number issued by the United States government.  The licenses of such persons shall include a number and/or other identifying features.

     (3)  On the reverse side of a driver's license, the commissioner shall:

          (a)  Print:

               (i)  Allergic reaction to drugs: ____________;

              (ii)  Directive to physician has been filed at telephone number;

              (iii)  Emergency contact telephone number;

              (iv)  Any medical information provided by the license holder under Section 63-1-19(4).

          (b)  Include to the right of the statement under paragraph (a)(ii) and (iii) of this subsection, a surface on which the license holder may write the appropriate telephone number; and

          (c)  Include to the left of each of the statements under paragraph(a)(ii) and (iii) of this subsection, a box that the license holder may use to indicate for what purpose the telephone number applies.  In addition to the requirements of paragraph (a)(iv) of this subsection, the commissioner shall indicate any medical information by a uniform symbol or code on the face of the license in the space where the Department of Public Safety indicates a restriction or endorsement.

     (4)  The applications must provide space for the applicant to voluntarily list any health condition that may impede communication with peace officers, as evidenced by a written statement from a licensed physician.

     SECTION 2.  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, the social security number of the applicant unless the applicant is not a United States citizen and does not possess a social security number issued by the United States government, 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)  Unless the applicant is not a United States citizen and does not possess a social security number issued by the United States government, 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)  No person who is illegally in the United States or Mississippi shall be issued a license.  The application of a person who is not a United States citizen and who does not possess a social security number issued by the United States government shall state the name, date of birth, 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.  The commissioner shall adopt and promulgate such rules and regulations as he deems appropriate requiring additional documents, materials, information or physical evidence to be provided by the applicant as may be necessary to establish the identity of the applicant and that the applicant is not present in the United States or the State of Mississippi illegally.

     (3)  (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.

     (4)  The applications must provide space for the applicant to voluntarily list any health condition that may impede communication with peace officers, as evidenced by a written statement from a licensed physician.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2005.