MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Transportation
By: Representative Moak (By Request)
AN ACT TO AMEND SECTIONS 63-1-21, 63-1-37, 63-1-43, 63-1-46, 63-1-81 AND 63-1-82, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEES FOR THE ISSUANCE OF TEMPORARY DRIVING PERMITS, INTERMEDIATE DRIVER'S LICENSES, REGULAR DRIVERS' LICENSES, MOTORCYCLE ENDORSEMENTS, RESTRICTED MOTORCYCLE OPERATORS' LICENSES, CLASS D COMMERCIAL DRIVERS' LICENSES, AND CLASS A, CLASS B AND CLASS C COMMERCIAL DRIVERS' LICENSES; TO PROVIDE THAT SUCH INCREASED FEES SHALL BE DEPOSITED INTO THE STATEWIDE LITTER PREVENTION FUND AND MAY BE EXPENDED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO DEVELOP AND IMPLEMENT A COMPREHENSIVE STATEWIDE PROGRAM OF LITTER PREVENTION PURSUANT TO CONTRACTS ENTERED INTO WITH KEEP MISSISSIPPI BEAUTIFUL, INCORPORATED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-21, Mississippi Code of 1972, is amended as follows:
63-1-21. (1) Every applicant for a new or original driver's or operator's license, except persons holding an out-of-state license, shall first obtain a temporary driving permit upon the payment of a fee of Two Dollars ($2.00) to the Department of Public Safety and upon the successful completion of the examination provided for in Section 63-1-33 and the payment of the fee for such examination provided for in Section 63-1-43. One Dollar ($1.00) of the fee collected under the provisions of this subsection shall be deposited into the Statewide Litter Prevention
Fund created under Section 65-1-167, and may be expended by the Mississippi Department of Transportation to develop and implement a comprehensive statewide program of litter prevention pursuant to contracts entered into with Keep Mississippi Beautiful, Inc., as authorized under Section 65-1-165.
(2) A temporary driving permit entitles the holder, provided the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-one (21) years of age and who is actually occupying the seat beside the driver. A temporary driving permit may be issued to any applicant who is at least fifteen (15) years of age. A temporary driving permit shall be valid for a period of one (1) year from the date of issue.
(3) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. At all other times the intermediate licensee must be supervised by a parent, guardian or other person age twenty-one (21) years or older who holds a valid driver's license under this article and who is actually occupying the seat beside the driver.
(4) The fee for issuance of an intermediate license shall be Six Dollars ($6.00). One Dollar ($1.00) of the fee collected under the provisions of this subsection shall be deposited into the Statewide Litter Prevention Fund created under Section 65-1-167, and may be expended by the Mississippi Department of Transportation to develop and implement a comprehensive statewide program of litter prevention pursuant to contracts entered into with Keep Mississippi Beautiful, Inc., as authorized under Section 65-1-165.
Except as otherwise provided by Section 63-1-6, every applicant for a restricted motorcycle operator's license or a motorcycle endorsement shall first obtain a temporary motorcycle driving permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety, and upon the successful completion of the examination provided for in Section 63-1-33, and payment of the fee for said examination provided for in Section 63-1-43. All applicants for such temporary permit shall (a) be at least fifteen (15) years of age; (b) operate a motorcycle only under the direct supervision of a person at least twenty-one (21) years of age who possesses either a valid driver's or operator's license with a motorcycle endorsement or a valid restricted motorcycle operator's license; (c) be prohibited from transporting a passenger on a motorcycle; (d) be prohibited from operating a motorcycle upon any controlled access highway; and (e) be prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m. Temporary motorcycle driving permits shall be valid for the same period of time and may be renewed upon the same conditions as temporary driving permits issued for vehicles other than motorcycles.
SECTION 2. 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 regular driver's or operator's license and the fee for renewing the license shall be:
(a) Nineteen Dollars ($19.00) plus the applicable photograph fee for each applicant for a four-year license;
(b) Four Dollars ($4.00) plus the applicable photograph fee for each applicant for a one-year license, except as provided in paragraph (c) of this subsection; and
(c) Nine Dollars ($9,00) plus the applicable photograph fee for a one-year license for each applicant who is not a United States citizen and who does not possess a social security number issued by the United States government.
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 Six Dollars ($6.00). 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:
(a) Twelve Dollars ($12.00) plus the applicable photograph fee for a four-year license; and
(b) Nine Dollars ($9.00) plus the applicable photograph fee for a one (1) year license.
All originals and renewals of restricted motorcycle licenses shall be valid for the same period of time that an original regular driver's license may be issued to such person 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. Except as otherwise provided in subsection (5) of this section, the fee for the issuance of a Class D commercial driver's license shall be Twenty-four Dollars ($24.00) plus the applicable photograph fee for a period of four (4) years;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.
Except as otherwise provided in subsection (5) of this section, 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 original and each renewal of a commercial driver's license issued under this section to 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 be issued for a period of one (1) year for a fee of Nine Dollars ($9.00) plus the applicable photograph fee and shall expire one (1) year from the date of issuance. Such person may renew a commercial license issued under this section within thirty (30) days of expiration of the license.
(6) 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. Except as provided in subsection (7) of this section, 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) One Dollar ($1.00) of each of the fees collected under subsections (1) through (5) of this section shall be deposited into the Statewide Litter Prevention Fund created under Section 65-1-167, and may be expended by the Mississippi Department of Transportation to develop and implement a comprehensive statewide program of litter prevention pursuant to contracts entered into with Keep Mississippi Beautiful, Inc., as authorized under Section 65-1-165.
SECTION 3. Section 63-1-81, Mississippi Code of 1972, is amended as follows:
63-1-81. (1) Each application for a commercial driver's license or commercial driver instruction permit shall include the following:
(a) The full name and the current mailing and residential address of the applicant;
(b) A physical description of the applicant, including sex, height, weight, eye and hair color;
(c) The applicant's date of birth;
(d) The applicant's social security number unless the application is for a nonresident commercial driver's license;
(e) The applicant's signature;
(f) The applicant's color photograph;
(g) All certifications required by applicable federal regulations;
(h) Any other information which the Commissioner of Public Safety, by rule or regulation, determines necessary and essential; and
(i) The consent of the applicant to release driving record information.
(2) The fee for accepting and processing an application for a commercial driver instruction permit shall be Eleven Dollars ($11.00). One Dollar ($1.00) of the fee collected under the provisions of this subsection shall be deposited into the Statewide Litter Prevention Fund created under Section 65-1-167, and may be expended by the Mississippi Department of Transportation to develop and implement a comprehensive statewide program of litter prevention pursuant to contracts entered into with Keep Mississippi Beautiful, Inc., as authorized under Section 65-1-165.
(3) The fee for accepting and processing an application for a Class A, B or C commercial driver's license shall be Twenty-six Dollars ($26.00). One Dollar ($1.00) of the fee collected under the provisions of this subsection shall be deposited into the Statewide Litter Prevention Fund created under Section 65-1-167, and may be expended by the Mississippi Department of Transportation to develop and implement a comprehensive statewide program of litter prevention pursuant to contracts entered into with Keep Mississippi Beautiful, Inc., as authorized under Section 65-1-165.
(4) No person who has been a resident of this state for thirty (30) days may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction. Any violation of this subsection shall be punishable as provided by Section 63-1-69, Mississippi Code of 1972.
(5) Any person who knowingly falsifies information or certifications required under subsection (1) of this section shall be subject to the penalties prescribed in Section 63-1-59, Mississippi Code of 1972, and shall be subject to suspension of his commercial driver instruction permit or commercial driver's license in accordance with Section 63-1-51, Mississippi Code of 1972.
(6) 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.
(7) (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 commercial license or renewal of a commercial license under this article 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 63-1-82, Mississippi Code of 1972, is amended as follows:
63-1-82. (1) Each commercial driver's license shall be marked "Commercial Driver's License" or "CDL," and shall, to the maximum extent practicable, be tamper proof. Each such license shall include thereon, but not be limited to, the following information:
(a) The name and residential address of the licensee;
(b) The licensee's color photograph;
(c) A physical description of the licensee, including his sex, height, weight, eye and hair color;
(d) The licensee's date of birth;
(e) Except for a nonresident commercial driver's license, the licensee's social security number; and any other identifying information which the Commissioner of Public Safety, by rule or regulation, determines necessary and essential for the purposes of complying with the provisions of this article;
(f) The licensee's signature;
(g) The class or type of commercial motor vehicle or vehicles which the licensee is authorized to drive together with any endorsements or restrictions;
(h) The name of this state; and
(i) The dates between which the license is valid.
(2) The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles, including any vehicle for which an operator's license or commercial driver's license issued under Article 1 of this chapter authorizes a person to drive. However, vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license.
(3) Commercial driver's licenses may be issued with the following classifications:
(a) Class A. Any combination of vehicles with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds;
(b) Class B. Any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, and any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds;
(c) Class C. Any single vehicle with a gross vehicle weight rating of less than twenty-six thousand one (26,001) pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand (10,000) pounds comprising:
(i) Vehicles designed to transport sixteen (16) or more passengers, including the driver; and
(ii) Vehicles used in the transportation of hazardous materials which are required to be placarded under the Hazardous Materials Transportation Act, 49 USCS Appx., Section 1801 et seq.; and
(d) Class D. All other vehicles or combination of vehicles which are not included in Class A, Class B or Class C and for which a commercial license is required to be issued as provided by Section 63-1-43, Mississippi Code of 1972.
(4) Commercial driver's licenses may be issued with the following endorsements and restrictions:
(a) "H" authorizes the driver to drive a vehicle transporting hazardous materials;
(b) "K" restricts the driver to vehicles not equipped with air brakes;
(c) "T" authorizes driving double and triple trailers;
(d) "P" authorizes driving vehicles carrying passengers;
(e) "N" authorizes driving tank vehicles; * * *
(f) "X" represents a combination of hazardous materials and tank vehicle endorsements; and
(g) "S" restricts the driver to school buses being operated for the purpose of transporting pupils to and from school or to school-related functions and/or to all other vehicles not requiring a commercial driver's license.
(5) Before issuing a commercial driver's license, the Commissioner of Public Safety shall obtain driving record information through the Commercial Driver License Information System.
(6) Within ten (10) days after issuing a commercial driver's license, the Commissioner of Public Safety shall notify the Commercial Driver License Information System of that fact, providing all information required to ensure identification of the person.
(7) The fee charged for the issuance of each original and each renewal of a Class A, B or C commercial driver's license shall be Thirty-nine Dollars ($39.00) plus the applicable photograph fee. In addition, a fee of Six Dollars (6.00) shall be charged for each endorsement or restriction entered on a commercial driver's license under subsection (4) of this section. However, the fee charged for each original and renewal of a commercial driver's license with an "S" restriction shall be the same as the fee for a Class D commercial driver's license in addition to all application fees. One Dollar ($1.00) of each of the fees collected under the provisions of this subsection shall be deposited into the Statewide Litter Prevention Fund created under Section 65-1-167, and may be expended by the Mississippi Department of Transportation to develop and implement a comprehensive statewide program of litter prevention pursuant to contracts entered into with Keep Mississippi Beautiful, Inc., as authorized under Section 65-1-165.
(8) If a commercial driver instruction permit or commercial driver's license is lost or destroyed, or if the holder of a commercial driver's license changes his name, mailing address or residence, an application for a duplicate permit or license shall be made as provided by Section 63-1-37, Mississippi Code of 1972.
(9) All commercial driver's licenses issued under the provisions of this article shall be issued for a period of not more than four (4) years and shall expire at midnight on the last day of the licensee's month of birth.
(10) Every person applying for renewal of a commercial driver's license shall complete the application form required by Section 63-1-81, Mississippi Code of 1972, providing updated information and required certifications and paying the appropriate fees. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.
(11) 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. Except as otherwise specifically provided in this section, 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 5. This act shall take effect and be in force from and after July 1, 2004.