House Bill 1102

AN ACT TO AMEND SECTIONS 59-21-85, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT A PERSON OPERATING A MOTORBOAT SHALL HAVE IN HIS OR HER POSSESSION EITHER HIS OR HER CERTIFICATE OF SATISFACTORY COMPLETION OF THE BOATING SAFETY COURSE OR HIS OR HER DRIVER'S LICENSE THAT INDICATES SATISFACTORY COMPLETION OF THE BOATING SAFETY COURSE; TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER TO PROVIDE A NEW, RENEWAL OR DUPLICATE DRIVER'S LICENSE, TEMPORARY DRIVING PERMIT OR COMMERCIAL DRIVER'S LICENSE THAT INDICATES THAT THE APPLICANT FOR SUCH LICENSE OR PERMIT HAS COMPLETED A COURSE IN BOATING SAFETY CONDUCTED OR APPROVED BY THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; TO REQUIRE THAT SUCH LICENSE OR PERMIT SHALL EXHIBIT THE WORD "BOAT" OR ANY OTHER MARK IDENTIFYING THAT THE PERSON HAS COMPLETED THE BOATING SAFETY COURSE; TO BRING FORWARD SECTIONS 45-35-5 AND 45-35-11, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE CONTENTS AND IDENTIFYING DATA REQUIRED FOR DRIVERS LICENSES OR OTHER IDENTIFICATION CARDS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 59-21-85, Mississippi Code of 1972, is amended as follows:

59-21-85. (1) (a) No motorboat required to be numbered under this chapter shall be operated by any person who is under the age of twelve (12) years, unless he or she possesses a certificate as required under this section and is also accompanied by a parent, guardian or other person who is at least twenty-one (21) years of age and qualified and capable of operating the same.

(b) A motorboat required to be numbered under this chapter may not be operated by any person born after June 30, 1980, unless the person has completed a course in boating safety conducted or approved by the Department of Wildlife, Fisheries and Parks, and the person has in his or her immediate possession while operating a motorboat a certificate of satisfactory completion of the boating safety course, or his or her driver's license that indicates satisfactory completion of the boating safety course.

(c) The requirement of possessing a certificate under this subsection shall not apply to any person operating a motorboat that is rented from a person engaged in the business of renting motorboats.

(2) Boating safety courses shall be held by the Department of Wildlife, Fisheries and Parks, or instructors designated and approved by the department. The Department of Wildlife, Fisheries and Parks shall issue a certificate to each person who satisfactorily completes the boating safety course.

(3) In lieu of any other penalties provided for a violation of this chapter, a violation of this section is punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00).

SECTION 2. 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 license issued pursuant to this article which shall, among other features, include a driver's license number assigned by the Department of Public Safety. A licensee 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. The 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 that shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of the license or the superimposition of a photograph without ready detection. The photograph shall be replaced by the department at the time of renewal. Drivers' licenses, including photographs appearing thereon, may be renewed by electronic means according to rules and regulations promulgated by the commissioner in conformity to Section 27-104-33.

(2) The commissioner shall prescribe the form of license 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 license of such persons shall include a number and/or other identifying features.

(3) Any new, renewal or duplicate driver's license, temporary driving permit or commercial driver's license issued to a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the licensee or permittee as a sex offender.

(4) The commissioner is authorized to provide the new, renewal or duplicate driver's license, temporary driving permit or commercial driver's license to any honorably discharged veteran as defined in Title 38 of the United States Code, and such license or permit shall exhibit the letters "Vet" or any other mark identifying the person as a veteran. The veteran requesting the "Vet" designation shall present his DD-214, Military Retiree Identification Card, United States Department of Veterans Affairs Medical Identification Card, United States Department of Veterans Affairs Identification Card or National Guard Form NGB 22. The veteran requesting the "Vet" designation may present his DD-214, Military Retiree Identification Card, United States Department of Veterans Affairs Medical Identification Card, United States Department of Veterans Affairs Identification Card or National Guard Form NGB 22 in person at the Mississippi Department of Public Safety Driver's License Station.

(5) The commissioner is authorized to provide a new, renewal or duplicate driver's license, temporary driving permit or commercial driver's license that indicates that the applicant for such license or permit has completed a course in boating safety conducted or approved by the Department of Wildlife, Fisheries and Parks. Such license or permit shall exhibit the word "Boat" or any other mark identifying that the person has completed the boating safety course. The person requesting such boating safety certification designation shall present his or her certificate of satisfactory completion of the boating safety course in person at the Mississippi Department of Public Safety Driver's License Station.

(6) Not later than July 1, 2021, the commissioner shall develop and implement a driver's license or driving permit in electronic format as an additional option for license or permit holders. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device.

( * * *67) If false documents are provided by an individual for purposes of obtaining a veteran driver's license, such action shall be considered fraudulent use of identity under Section 97-19-85, Mississippi Code of 1972, and shall be punishable, upon conviction, as a felony pursuant to the provisions of that section.

SECTION 3. Section 45-35-5, Mississippi Code of 1972, is brought forward as follows:

45-35-5. 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.

SECTION 4. Section 45-35-11, Mississippi Code of 1972, is brought forward as follows:

45-35-11. All identification cards shall be centrally issued by the department, adequately describe the registrant, bear a color photograph of the registrant, and include other such identifying data as required by Section 45-35-5.

SECTION 5. This act shall take effect and be in force from and after July 1, 2023.