House Bill 541

AN ACT TO AMEND SECTIONS 45-35-3, 45-35-5, 45-35-7 AND 45-35-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE IDENTIFICATION CARDS TO RETIRED OR FORMER MEMBERS OF THE MISSISSIPPI LEGISLATURE; TO PROVIDE THAT SUCH CARDS SHALL BE ISSUED WITHOUT FEE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-35-3, Mississippi Code of 1972, is amended as follows:

45-35-3. (1) Any person six (6) years of age or older may be issued an identification card by the department which is certified by the registrant and attested by the commissioner as to true name, correct age and such other identifying data as required by Section 45-35-5.

(2) The department shall issue an identification card to each retired or former member of the Mississippi Legislature who requests that such card be issued. The identification card must be certified by the registrant and attested by the commissioner as to true name, correct age and such other identifying data as required by Section 45-35-5.

SECTION 2. Section 45-35-5, Mississippi Code of 1972, is amended 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, proof that the applicant is a retired or former member of the Mississippi Legislature if the applicant requests issuance of an identification card under Section 45-35-3(2), and such other identifying data as is required on an application for issuance of a driver's license.

SECTION 3. Section 45-35-7, Mississippi Code of 1972, is amended as follows:

45-35-7. (1) Except as provided in subsection (3) or subsection (4) 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) or subsection (4) 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) An identification card issued to an applicant under Section 45-35-3(2) shall not expire and shall be issued to the applicant without charge or fee.

(5) Except as provided in subsection (4) 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 (6) 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 (6) of this section.

(6) The Commissioner of Public Safety, by rule or regulation, shall establish an identification card photograph fee for all identification cards except those issued under Section 45-35-3(2) or those for which no fee is required under subsection (7) of this section. The photograph fee 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.

(7) 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 (5) and (6) of this section.

(8) The department shall maintain a record of all identification cards issued, except for those cards cancelled, surrendered or denied renewal.

(9) (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.

SECTION 4. Section 45-35-9, Mississippi Code of 1972, is amended as follows:

45-35-9. (1) If an identification card issued under this chapter is lost, destroyed or mutilated, or a new name is required, the person to whom it was issued may obtain a duplicate by furnishing satisfactory proof of such fact to the department. The same identifying data shall be furnished for a duplicate as for an original card. Except as otherwise provided in this subsection, a fee of Three Dollars ($3.00) plus the applicable photograph fee shall be collected for the first duplicate card issued and a fee of Eight Dollars ($8.00) plus the applicable photograph fee shall be collected for the second and each subsequent duplicate copy. However, whenever a duplicate copy of an identification card is issued only because a new name is required and the previously issued identification card is returned to the department, the fee for the issuance of such duplicate shall be Three Dollars ($3.00) plus the applicable photograph fee, regardless of whether the duplicate is the first, second or subsequent duplicate copy. No fee shall be collected for the issuance of duplicate cards for identification cards issued under Section 45-35-3(2). All fees collected under this section, except photograph fees, shall be deposited into the State General Fund. Photograph fees collected under this section shall be deposited into a special photograph fee account or into the State General Fund in the same manner as photograph fees collected from the issuance of drivers' licenses under Section 63-1-43.

(2) Any person who loses an identification card and who, after obtaining a duplicate, finds the original card shall promptly surrender the original card to the department.

SECTION 5. This act shall take effect and be in force from and after July 1, 2003.