2005 Regular Session
To: Judiciary, Division B
By: Senator(s) Dawkins
AN ACT TO AMEND SECTIONS 45-35-5 AND 45-35-7, MISSISSIPPI CODE OF 1972, TO ALLOW HOMELESS PERSONS TO OBTAIN NONDRIVER IDENTIFICATION CARDS; TO REQUIRE SUCH CARDS TO BE ISSUED WITHOUT PAYMENT OF ANY FEES BY THE HOMELESS PERSON; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-35-5, Mississippi Code of 1972, is amended as follows:
45-35-5. (1) Except as provided in subsection (2) of this section, 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) (a) If a homeless applicant is unable to provide acceptable primary documents as required by subsection (1) of this section, the homeless applicant shall provide two (2) of the following secondary documents:
(i) A copy of the applicant's birth certificate;
(ii) A copy of the applicant's school records;
(iii) A copy of the applicant's medical records;
(iv) Any health insurance card or policy which contains the applicant's name and date of birth;
(v) A printout from the Social Security Administration that contains the applicant's name and social security number;
(vi) An unexpired Department of Human Services card without photo;
(vii) A food stamp card;
(viii) An expired identification card or driver's license issued by this state within the past seven (7) years;
(ix) A photo identification card issued by a social service provider or agency;
(x) An original statement on letterhead from a service provider or shelter provider within the state verifying that the person receives services in Mississippi;
(xi) An original statement on letterhead from a school district verifying that the homeless family resides in Mississippi;
(xii) A document showing receipt of public assistance from a Mississippi state agency;
(xiii) For an applicant who is temporarily residing in a household of which the applicant is not the leaseholder or owner, an original letter from the leaseholder or homeowner or a verbal statement from the leaseholder or homeowner to the Department of Public Safety employee at the time of application stating that the applicant is residing in the household, which letter or statement shall be accompanied by a copy of the leaseholder or homeowner's identification card and a copy of the lease or a current utility bill, which shall count as one (1) of the two (2) items required by this paragraph (a);
(xiv) A United States Probation Offender Information Form.
(b) An applicant who is homeless and is unable to provide a street address may use a descriptive address of the location where the applicant actually resides, such as "under the west end of the Woodrow Wilson Bridge." Residency at a descriptive address shall be verified by a social service agency, a shelter provider, or a religious congregation in an original written statement on letterhead. The applicant shall also provide a mailing address.
SECTION 2. 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) (a) 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.
(b) Any applicant who is not a United States citizen and who does not possess a social security number issued by the United States government, upon payment of the fee prescribed in this section, shall be issued an original identification card which shall remain valid for a period of one (1) year from date of issuance. All renewal identification cards issued to such persons shall also be valid for a period of one (1) year from date of issuance.
(4) Except as provided in subsection (9) of this section, a fee of Eleven Dollars ($11.00) shall be collected for the issuance of an original or renewal identification card plus the applicable photograph fee as provided in subsection (5) of this section. The fee of Eleven Dollars ($11.00) shall be deposited into the State General Fund. The photograph fee shall be deposited into a special photograph fee account or the State General Fund as provided under subsection (5) of this section.
(5) The Commissioner of Public Safety, by rule or regulation, shall establish an identification card 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.
(6) 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 fees prescribed in subsections (4) and (5) of this section.
(7) The department shall maintain a record of all identification cards issued, except for those cards cancelled, surrendered or denied renewal.
(8) (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.
(9) Upon presenting the documentation specified in Section 45-35-5, homeless persons will not be required to pay any fee to obtain an identification card under this chapter.
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.