House Bill 1197

AN ACT TO AMEND SECTIONS 63-1-43, 63-1-45, 63-1-47 AND 63-1-49, MISSISSIPPI CODE OF 1972, TO INCREASE FROM FOUR TO FIVE THE NUMBER OF YEARS THAT A REGULAR DRIVER'S LICENSE AND A CLASS D COMMERCIAL DRIVER'S LICENSE SHALL BE VALID; TO INCREASE THE FEES CHARGED FOR THE ISSUANCE OF REGULAR DRIVER'S LICENSES AND CLASS D COMMERCIAL DRIVER'S LICENSES; TO PROVIDE THAT THE ADDITIONAL FEES SHALL BE DEPOSITED INTO A SPECIAL FUND IN THE STATE TREASURY AND MAY BE EXPENDED SOLELY FOR THE OPERATION AND SUPPORT OF THE MISSISSIPPI HIGHWAY SAFETY PATROL; 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) Twenty-three Dollars ($23.00) plus the applicable photograph fee for each applicant for a five-year license;

(b) Three Dollars ($3.00) plus the applicable photograph fee for each applicant for a one-year license, except as provided in paragraph (c) of this subsection; and

(c) Eight Dollars ($8.00) 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 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:

(a) Sixteen Dollars ($16.00) plus the applicable photograph fee for a five-year license; and

(b) Eight Dollars ($8.00) 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-eight Dollars ($28.00) plus the applicable photograph fee for a period of five (5) 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 five (5) 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 Eight Dollars ($8.00) 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. 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 63-1-45, Mississippi Code of 1972, is amended as follows:

63-1-45. License examiners shall keep a complete record of all funds received from applicants upon forms to be prescribed and furnished by the department out of the operating funds of the department. Application forms shall be printed in book form and serially numbered and in such form that the original thereof may be transmitted by the license examiner to the commissioner, together with the renewal fee. A copy thereof, signed by the examiner, shall be given to the applicant, and a copy thereof shall be retained by the examiner. The license examiner shall, not later than ten (10) days from the date of an application, transmit the same, together with the fee, to the commissioner. Such application blanks and funds shall be subject to audit at any time. The commissioner shall maintain records of all application forms on hand and issued to the examiners, who shall be charged therewith. The receipt provided for herein shall be the only valid and recognized form of receipt for fees paid by applicants, and such receipt shall be sufficient in lieu of the renewed license for a period of sixty (60) days or until such renewed license has been issued to the applicant by the commissioner. There shall be tendered with all applications for a temporary driving permit or temporary motorcycle driving permit, or for the initial issuance of any license issued pursuant to this article, the proper fee required by law, in cash, or by money order, cashier's or certified check. The required fee for issuance of renewal licenses, duplicate licenses or other services, for which a fee is charged, shall be tendered with the application therefor by cash, check or money order. In the event a check for renewal of a license is dishonored for any reason, the person whose license was being renewed by such check shall be notified in writing and be given thirty (30) days after such written notice in which to pay the renewal fee. This shall be done by forwarding a certified check or postal money order in the correct amount to the department. If, at the end of thirty (30) days, such certified check or postal money order has not been received by the department, the commissioner shall cancel that person's license, and, in order for that license to be reinstated, a reinstatement fee of Ten Dollars ($10.00) plus the amount due on the returned check must be received by the department.

The Commissioner of Public Safety shall deposit the amount of fees, together with all fees for duplicate licenses, permits, delinquent fees and reinstatement fees collected by him into the General Fund of the State Treasury, in accordance with the provisions of Section 45-1-23(2); however:

(a) Seven Dollars ($7.00) of the fee derived from the fee charged for original and renewal operators' licenses imposed under Section 63-1-43(1) and Four Dollars ($4.00) of the fee derived from the fee charged for original and renewal Class D commercial drivers' licenses under Section 63-1-43(4) shall be deposited into a special fund that is created in the State Treasury. Monies in the fund may be expended pursuant to legislative appropriation solely for the purchase by the Mississippi Highway Safety Patrol of patrol cars, communications equipment and weapons; and

(b) Five Dollars ($5.00) of the fee derived from the fee charged for original and renewal operators' licenses imposed under Section 63-1-43(1) and Five Dollars ($5.00) of the fee derived from the fee charged for original and renewal Class D commercial drivers' licenses under Section 63-1-43(4) shall be deposited into a special fund that is created in the State Treasury. Monies in the fund may be expended pursuant to legislative appropriation solely for the operation and support of

the Mississippi Highway Safety Patrol.

SECTION 3. Section 63-1-47, Mississippi Code of 1972, is amended as follows:

63-1-47. (1) Except as otherwise provided in this section, 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 five-year license which will expire at midnight on the licensee's birthday.

(a) Except as otherwise provided in this section, all renewal licenses of operators eighteen (18) years of age or older shall be for five-year periods 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) 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.

(3) The fee for the issuance of an original and renewals of a Class D commercial driver's license under this article to an applicant who is not a United States citizen and who does not possess a social security number issued by the United States government and the period for which such license will be valid and expire shall be as prescribed in Section 63-1-43.

(4) 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 a commercial driver's license issued under this article before January 1, 1990, and which expire after March 31, 1992, that such license 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.

(5) 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.

(6) 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 drivers' 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), and the documentation must be dated no more than thirty (30) days prior to the date of application.

(7) Any license issued under this article 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 expire one (1) year from the date of issuance and may be renewed, if such person is otherwise qualified to renew such license, within thirty (30) days of expiration. The fee for any such license and for renewal shall be as prescribed in Section 63-1-43.

SECTION 4. Section 63-1-49, Mississippi Code of 1972, is amended as follows:

63-1-49. (1) An expired license issued pursuant to this article may be renewed at any time within twelve (12) months after the expiration date of said license upon application and payment of the required fee, and the payment of a delinquent fee of One Dollar ($1.00), in lieu of a driver examination, unless the holder of the expired license is required to be examined, or unless the department has reason to believe the licensee is no longer qualified to receive a license. If any person shall obtain a new license, his last previous license having been good and valid, except for its lapsing, without his having obtained a renewal within the time required by law, then such reissuance of a license shall constitute a renewal of the previous license and not a new license.

(2) (a) Any person in the armed services of the United States, holding a valid license issued pursuant to this article and being out of state due to military service at the time said license expires, may renew said license at any time within ninety (90) days after being discharged from such military service or upon returning to the state, without payment of any delinquent fee or examination, unless the department has reason to believe that the licensee is no longer qualified to receive a license. Said person shall make proof by affidavit of the fact of such military service and of the time of discharge or return. The expiration of the license of a military person under the provisions of this paragraph (a) shall not affect the validity of the license, but such license shall continue to be valid and permit such person to operate a motor vehicle for a period of ninety (90) days after he is discharged from military service or returns to the state or until he renews his license, whichever event first occurs.

(b) The provisions of paragraph (a) of this subsection (2) also apply to the spouse or a child of a person in the armed services of the United States who is out of state due to military service if the spouse or child resides out of state with the armed services member and the license of the spouse or child expires during his or her absence from the state. The Commissioner of Public Safety may adopt such rules and regulations as may be necessary to implement the provisions of this paragraph.

(3) Any person holding a valid license issued pursuant to this article who is going overseas for two (2) to five (5) years and whose license shall expire during the stay overseas may renew said license for five (5) years prior to leaving. Said person shall make proof by affidavit of the fact of such overseas travel. Such reissuance of a license shall constitute a renewal of the previous license and not a new license.

SECTION 5. This act shall take effect and be in force from and after July 1, 2005.