Senate Bill 2173

AN ACT TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REQUIREMENT THAT AN APPLICANT FOR A DRIVER'S LICENSE PRESENT HIS SOCIAL SECURITY NUMBER TO THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT BE APPLICABLE TO A PERSON WHO FILES AN AFFIDAVIT WITH THE DEPARTMENT AFFIRMING THAT HE HAS NEVER BEEN ISSUED A SOCIAL SECURITY NUMBER; TO AMEND SECTION 63-1-19, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE TYPES OF DOCUMENTS THAT AN APPLICANT FOR A MISSISSIPPI DRIVER'S LICENSE MAY PROVIDE TO THE DRIVER'S LICENSE EXAMINER IN ORDER TO SHOW PROOF OF RESIDENCE; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 licenses issued pursuant to this article which shall, among other features, include a driver's license number assigned by the Department of Public Safety which, at the option of the licensee, may or may not be the social security number of the licensee. A licensee who chooses not to use his social security number as his driver's license number, except as otherwise provided under subsection (2) of this section, 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. Such 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 which shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of such license or the superimposition of a photograph without ready detection. Such photograph shall be replacedby the department at the time of renewal. Driver licenses, including photographs appearing thereon, may be renewed by electronic means according to rules and regulations promulgated by the commissioner. The Department of Public Safety may accept bank credit cards and debit cards in payment of fees for driver license renewals that are processed by electronic means and, if authorized by general law, may charge an additional fee for the use of such cards.

(2) An applicant who does not have, or who states that he has never been issued, a social security number as required under subsection (1) of this section, shall complete an affidavit, under penalty of perjury, affirming that he has never been issued a social security number.

(3) The commissioner shall prescribe the form of licenses 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 licenses of such persons shall include a number and any other identifying features the commissioner prescribes.

SECTION 2. Section 63-1-19, Mississippi Code of 1972, is amended as follows:

63-1-19. (1) * * * Every applicant for a license or permit issued pursuant to this article, or for renewal of such license or permit, shall file an application for such license, permit or renewal, on a form provided by the Department of Public Safety, with the commissioner or an official license examiner of the department. All persons not holding valid, unexpired licenses issued in this state shall be required to secure an original license, except those specifically exempted from licensing under Section 63-1-7. The application shall state the name, date of birth, the social security number of the applicant unless the applicant is not a United States citizen and does not possess a social security number issued by the United States government, sex, race, color of eyes, color of hair, weight, height and residence address, and whether or not the applicant's privilege to drive has been suspended or revoked at any time, and, if so, when, by whom, and for what cause, and whether any previous application by him has been denied, and whether he has any physical defects which would interfere with his operating a motor vehicle safely upon the highways.

(2) Every applicant for an original license shall show proof of residence in this state. Proof of residence shall not be required of applicants under eighteen (18) years of age. * * * An applicant for an original license, who is eighteen (18) years of age or older, may show proof of residence in this state by presenting to the license examiner at least two (2) of the following documents:

(a) A utility bill, including telephone service, showing a valid residential address;

(b) A bank statement showing a valid Mississippi address;

(c) An acceptable employer verification, such as an employment identification card, a letter from the employer on its official letterhead or a payroll check or payroll check stub;

(d) An automobile, life or health insurance policy showing a valid Mississippi address;

(e) A driver's license issued by the State of Mississippi to a parent, legal guardian or spouse;

(f) A Mississippi motor vehicle registration showing a valid Mississippi address;

(g) An Internal Revenue Service Tax Reporting W-2 Form;

(h) A receipt for personal or real estate taxes paid within the last year showing a valid Mississippi address;

(i) A copy of a residential lease showing a valid Mississippi address; or

(j) If the applicant is a student enrolled in a public or private school in Mississippi, a photo student identification and acceptable documentation that the student resides on campus.

(3) If an applicant is unable to provide at least two (2) of the documents described in subsection (2) of this section, he may provide one of the documents described in subsection (2) of this section and one (1) of the following documents:

(a) The Individual Taxpayer Identification Number (ITIN) issued by the Internal Revenue Service;

(b) Form I-94 issued to the applicant by the United States Immigration and Naturalization Service;

(c) An Employment Authorization Card (EAC) issued to the applicant by the United States Immigration and Naturalization Service;

(d) A Permanent Residence Card issued to the applicant by the United States Immigration and Naturalization Service; or

(e) A stamp in a foreign passport issued by the United States Immigration and Naturalization Service showing evidence of lawful admission for permanent residence.

(4) The documents described in subsections (1) and (2) of this section must include the applicant's name or the name of the applicant's spouse, if the applicant has a spouse, or if the applicant is a minor, the name of a parent or legal guardian. These documents must also show the valid residence address of the applicant being used on the application for the Mississippi driver's license.

(5) Unless the applicant is not a United States citizen and does not possess a social security number issued by the United States government, 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.

(6) No person who is illegally in the United States or Mississippi shall be issued a license. The application of 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 state the name, date of birth, sex, race, color of eyes, color of hair, weight, height and residence address, and whether or not the applicant's privilege to drive has been suspended or revoked at any time, and, if so, when, by whom, and for what cause, and whether any previous application by him has been denied, and whether he has any physical defects which would interfere with his operating a motor vehicle safely upon the highways. The commissioner shall adopt and promulgate such rules and regulations as he deems appropriate requiring additional documents, materials, information or physical evidence to be provided by the applicant as may be necessary to establish the identity of the applicant and that the applicant is not present in the United States or the State of Mississippi illegally.

(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 permit or license or a renewal of a permit or license 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 3. This act shall take effect and be in force from and after July 1, 2004.