2005 Regular Session
To: Judiciary, Division B
By: Senator(s) Kirby
AN ACT TO AMEND SECTIONS 63-1-19 AND 45-35-5, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF A MATRICULA CONSULAR CARD FOR IDENTIFICATION PURPOSES IN SECURING EITHER A DRIVER'S LICENSE OR A NONDRIVER'S IDENTIFICATION CARD; TO REQUIRE ALL GOVERNMENTAL CONTRACTORS TO PREFER MISSISSIPPI CITIZENS IN HIRING; TO CREATE FELONIES FOR MANUFACTURE OR USE OF FALSE DOCUMENTS TO CONCEAL IMMIGRATION OR CITIZENSHIP STATUS OR FOR FALSELY FILING FOR PUBLIC RECORD ANY SUCH DOCUMENT; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO INTERFACE WITH THE IMMIGRATION AND NATURALIZATION SERVICE DATABASE TO CHECK THE CITIZENSHIP OR ALIEN STATUS OF APPLICANTS FOR STATE EMPLOYMENT; 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, 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) The department shall not accept matricula consular cards as proof of identification for driver's license application and issuance purposes.
(4) (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 45-35-5, Mississippi Code of 1972, is amended as follows:
45-35-5. (1) Data for the issuance of an identification card shall include a birth certificate or other document to establish the age and identity of the applicant, the social security number of the applicant, and such other identifying data as is required on an application for issuance of a driver's license.
(2) The department shall not accept matricula consular cards as proof of identification for driver's license application and issuance purposes.
SECTION 3. (1) In the construction of any public work for the state, or any county, or municipal corporation or any board, committee, commission or officer thereof, whether the same be a building, excavation, sewer or drainage construction, road building, paving, bridge, or any other form or kind of public work, preference in employment thereon shall be given to citizens of the State of Mississippi who have resided and maintained domiciles within the state for a period of not less than one (1) year immediately prior to such employment. Persons other than citizens of the state may be employed when citizens are not available.
(2) Every contract for the construction of public works shall provide that if this section is not complied with, the contract shall be voidable at the instance of the state, county or municipality making it.
(3) All boards, officers, agents or employees having the power to enter into contracts which provide for the expenditure of public money on public works, shall file in the office of the Department of Finance and Administration the names and addresses of all contractors holding contracts with the state, or any county or municipal corporation, or with any board, committee, commission or officer thereof. Upon the demand of the Director of the Department of Finance and Administration, a contractor shall furnish a list of the names and addresses of all his or its subcontractors.
(4) Each contractor performing work for the state, or for any county or municipal corporation, or for any board, committee, commission, or officer thereof shall keep a list of his or its employees, stating whether they are native born citizens or naturalized citizens, and in case of naturalization, the date thereof and the name of the court in which granted.
(5) Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment of not less than thirty (30) days nor more than ninety (90) days, or by both such fine and imprisonment.
SECTION 4. (1) (a) Any person who manufactures, distributes or sells any false government document with the intent to conceal the true citizenship or resident alien status of another person is guilty of a felony, and shall be punished by commitment to the custody of the Department of Corrections for five (5) years or by a fine not to exceed Seventy-five Thousand Dollars ($75,000.00), or both. Every false government document that is manufactured or sold in violation of this section may be charged and prosecuted as a separate and distinct violation, and consecutive sentences may be imposed for each violation.
(b) A prosecuting attorney shall have discretion to charge a defendant with a violation of this section or any other law that applies.
(c) As used in this section, "government document" means any document issued by the United States government or any state or local government, including, but not limited to, any passport, immigration visa, employment authorization card, birth certificate, driver's license, identification card or social security card.
(2) Any person who uses false government documents to conceal his or her true citizenship or resident alien status is guilty of a felony, and shall be punished by commitment to the custody of the Department of Corrections for five (5) years or by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or both.
(3) (a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered or recorded in any public office within this state, which instrument, if genuine, might be filed, registered or recorded under any law of this state or of the United States, is guilty of a felony.
(b) Each instrument which is procured or offered to be filed, registered or recorded in violation of paragraph (a) shall constitute a separate violation of this subsection.
(c) Except in unusual cases where the interests of justice would best be served if probation is granted, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any of the following persons:
(i) Any person with a prior conviction under this section who is again convicted of a violation of this section in a separate proceeding.
(ii) Any person who is convicted of more than one (1) violation of this section in a single proceeding, with intent to defraud another, and where the violations resulted in a cumulative financial loss exceeding One Hundred Thousand Dollars ($100,000.00).
(d) For purposes of prosecution under this subsection, each act of procurement or of offering a false or forged instrument to be filed, registered or recorded shall be considered a separately punishable offense.
SECTION 5. The Department of Finance and Administration is directed to enter into an agreement with the federal Immigration and Naturalization Service in order to interface with the Immigration and Naturalization Service database to facilitate the verification of citizenship and alien status of applicants for state employment by the State Personnel Board.
SECTION 6. This act shall take effect and be in force from and after July 1, 2005.