Senate Bill 2682

AN ACT TO AMEND SECTION 63-1-43, MISSISSIPPI CODE OF 1972, TO ALLOW LICENSE HOLDERS THE OPTION TO OBTAIN AN 8-YEAR DRIVER'S LICENSE RENEWAL AT A 10% DISCOUNT; TO AMEND SECTION 63-1-47, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-43, Mississippi Code of 1972, is amended as follows:

63-1-43. (1) The fee for receiving the application and issuing the driver's or operator's license and the fee for renewing the license shall be Eighteen Dollars ($18.00) plus the applicable photograph fee for each applicant for a four-year license, Thirty-two Dollars ($32.00) plus the applicable photograph fee for each applicant for an eight-year license, and Three Dollars ($3.00) plus the applicable photograph fee for each applicant for a one-year license. All originals and renewals of regular operators' licenses shall be in compliance with Section 63-1-47.

(2) The fee for receiving the application and issuing a motorcycle endorsement shall be Five Dollars ($5.00). Motorcycle endorsements shall be valid for the same period of time as the applicant's operator's license.

(3) The fee for receiving the application and issuing a restricted motorcycle operator's license and the fee for renewing such license shall be Eleven Dollars ($11.00) plus the applicable photograph fee. All originals and renewals of restricted motorcycle licenses shall be valid for a period of four (4) years, in compliance with Section 63-1-47.

(4) From and after January 1, 1990, every person who makes application for an original license or a renewal license to operate a vehicle as a common carrier by motor vehicle, taxicab, passenger coach, dray, contract carrier or private commercial carrier as such terms are defined in Section 27-19-3, except for those vehicles for which a Class A, B or C license is required under Article 2 of this chapter, shall, in lieu of the regular driver's license above provided for, apply for and obtain a Class D commercial driver's license, the fee for which shall be Twenty-three Dollars ($23.00) plus the applicable photograph fee for a period of four (4) years; provided, however, except as required under Article 2 of this chapter, no driver of a pickup truck shall be required to have a commercial license regardless of the purpose for which the pickup truck is used.

All originals and renewals of commercial licenses issued under this section shall be valid for a period of four (4) years, in compliance with Section 63-1-47. Only persons who operate the above-mentioned vehicles in the course of the regular and customary business of the owner shall be required to obtain a Class D commercial operator's license, and persons operating such vehicles for private purposes or in emergencies shall not be required to obtain such license.

(5) The Commissioner of Public Safety, by rule or regulation, shall establish a driver's license 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.

SECTION 2. Section 63-1-47, Mississippi Code of 1972, is amended as follows:

63-1-47. (1) Each applicant for an original license issued pursuant to this article, who is entitled to issuance of same, and who is eighteen (18) years of age or older, shall be issued a four-year license or an eight-year license, at the option of the licensee. Each license will expire at midnight on the licensee's birthday.

(a) All renewal licenses of operators eighteen (18) years of age or older shall be for four-year or eight-year periods, as the licensee may elect, and may be renewed any time within six (6) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined.

(b) From and after January 1, 1990, no commercial driver's license shall be issued under the provisions of this article for any commercial motor vehicle, the lawful operation of which requires the driver to obtain a Class A, B or C commercial driver's license under Article 2 of this chapter; however, from time to time, the holder of a commercial license may apply for a commercial driver's license under Article 2 of this chapter; and, if he fails to pass the required test for such license, he shall be entitled to an extension of his license that shall be valid for one hundred twenty (120) days or until he again is tested under Article 2 of this chapter, whichever occurs first. The extension shall entitle the license holder to operate all vehicles which such license authorized him to operate prior to taking the required test. The first extension shall be without charge; however, a fee of Fifteen Dollars ($15.00) shall be imposed for any subsequent extension. No extension shall be valid past March 31, 1992.

(2) [none]

(3) Any commercial driver's license issued under this article before January 1, 1990, which expires after March 31, 1992, shall be void on April 1, 1992, for the operation of any commercial vehicle requiring a commercial license to be issued under Article 2 of this chapter; however, if the holder of any such license applies for a commercial driver's license under Article 2 of this chapter, passes the required tests for such license, pays all applicable fees under Article 2 of this chapter except the Forty Dollars ($40.00) license fee and otherwise meets all requirements for the issuance of such license, then such person shall be issued a license under Article 2 of this chapter which shall expire on the expiration date of the commercial driver's license being replaced.

(4) [none]

(5) The Commissioner of Public Safety shall notify, by United States mail addressed to the last known address of record with the Department of Public Safety, all holders of commercial driver's licenses issued under this article before January 1, 1990, and which expire after March 31, 1992, that such licenses will be void on and after April 1, 1992, for the operation of any vehicle for which a commercial driver's license is required to be issued under Article 2 of this chapter.

(6) Any person holding a valid commercial driver's license issued under this article before January 1, 1990, shall continue thereafter, until expiration of such license, to be entitled to operate all vehicles which such license authorized him to operate immediately before January 1, 1990, except that from and after April 1, 1992, such license shall not entitle the licensee to operate a commercial motor vehicle the lawful operation of which requires a commercial driver's license under Article 2 of this chapter.

(7) Except as otherwise provided in this article, each applicant for an original driver's license issued pursuant to this article, who is entitled to issuance of same, being under eighteen (18) years of age, shall be issued a one-year license which will expire at midnight on the licensee's birthday. Renewal driver's licenses of operators under the age of eighteen (18) shall be for one-year periods and may be renewed any time within two (2) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined. An intermediate license shall be valid for one (1) year from its date of issue and may be renewed any time within fourteen (14) days before expiration of the license. All applications by an operator under the age of eighteen (18) must be accompanied by documentation that the applicant is in compliance with the education requirements of Section 63-1-9(1)(g); the documentation must be dated no more than thirty (30) days prior to the date of application.

SECTION 3. This act shall take effect and be in force from and after July 1, 2002.