MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Transportation
By: Representative Myers
AN ACT TO AMEND SECTIONS 63-1-43 AND 63-1-81, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL FEE ON DRIVER'S LICENSES TO BE DEPOSITED INTO THE STATEWIDE LITTER PREVENTION FUND; 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 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. One Dollar ($1.00) of this fee shall be deposited into the statewide Litter Prevention Fund created by Section 65-1-167; (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. One Dollars ($1.00) of this fee shall be deposited into the statewide Litter Prevention Fund created by Section 65-1-167; 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. One Dollar ($1.00) of this fee shall be deposited into the Statewide Litter Prevention Fund created by Section 65-1-167.
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). One dollar ($1.00) of this fee shall be deposited into the Statewide Litter Prevention Fund created by Section 65-1-167. 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. One Dollar ($1.00) of this fee shall be deposited into the Statewide Litter Prevention Fund created by Section 65-1-167; and
(b) Nine Dollars ($9.00) plus the applicable photograph fee for a one (1) year license. One Dollar ($1.00) of this fee shall be deposited into the Statewide Litter Prevention Fund created by Section 65-1-167.
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. One Dollar ($1.00) of this fee shall be deposited into the Statewide Litter Prevention Fund created by Section 65-1-167.
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. One Dollar ($1.00) of this fee shall be deposited into the Statewide Litter Prevention Fund created by Section 65-1-167. 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. 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 63-1-81, 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 this fee shall be deposited into the Statewide Litter Prevention Fund created by Section 65-1-167.
(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 this fee shall be deposited into the Statewide Litter Prevention Fund created by Section 65-1-167.
(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 3. This act shall take effect and be in force from and after July 1, 2005.