MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary B
By: Representative Gibbs, Dedeaux, Evans, Fredericks, Green, Holloway, Rogers (14th), Thomas, Whittington
AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE PERSONAL IDENTIFICATION CARDS FOR PERSONS WITH DISABILITIES; TO PRESCRIBE THE INFORMATION TO BE INCLUDED ON THE IDENTIFICATION CARD; TO PROVIDE FOR RENEWAL OF THE IDENTIFICATION CARD; TO PROVIDE FOR A FEE FOR ISSUANCE OF THE CARD; TO PROVIDE THAT MISUSE OF THE IDENTIFICATION CARDS FOR PERSONS WITH DISABILITIES SHALL BE A MISDEMEANOR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this article, the term:
(a) "Commissioner" means the Commissioner of the Department of Public Safety.
(b)
"Department" means Department of Public Safety.
(c)
"Disability" means any physical, mental or neurological
impairment which severely restricts a personīs mobility, manual dexterity or
ability to climb stairs; substantial loss of sight or hearing; loss of one or
more limbs or use thereof; or significantly diminished reasoning capacity.
(d)
"Identification card for persons with disabilities" means an
identification card issued as provided in this act.
(e)
"Permanent disability" means any disability which is permanent
in nature or which is expected to continue for a period of at least five (5)
years.
(f)
"Person with disabilities" means any person with a permanent
or temporary disability.
(g)
"Temporary disability" means any disability which is expected
to continue for at least six (6) months but less than five (5) years.
SECTION
2. (1) The Department of Public Safety shall
issue personal identification cards to persons with disabilities who make
application to the department in accordance with rules and regulations
prescribed by the commissioner. The
identification card for persons with disabilities shall prominently display the
international handicapped symbol and, in addition to any other information
required by this act, may contain a recent color photograph of the applicant
and the following information:
(a)
Full legal name;
(b)
Address of residence;
(c)
Birth date;
(d)
Date identification card was issued;
(e)
Date identification card expires;
(f)
Sex;
(g)
Height;
(h)
Weight;
(i)
Eye color;
(j)
Location where the identification card was issued;
(k)
Signature of person identified or facsimile thereof;
(l)
Fingerprint of person identified; and
(m)
Such other information as required by the department.
(2) The identification card for persons with
disabilities shall bear the signatures of the commissioner and the Governor and
shall bear an identification card number which shall not be the same as the
applicantīs social security number, unless the person specifically requests
that the social security number be used, or, in the case of an individual who
is not a citizen of the United States, the passport number of the person
identified or any number the department deems necessary to implement this act.
SECTION
3. (1)
The identification card for persons with disabilities shall be issued to
a person with a permanent disability for a period of four (4) years and shall
be renewable on the applicantīs birthday in the fourth year following such
issuance. The identification cards
shall be issued to persons:
(a)
With obvious permanent disabilities without further verification of
disability; and
(b)
With disabilities which are not obvious upon presentation of the current
sworn affidavit of at least one (1) medical doctor attesting to such permanent
disability. A current affidavit shall
be presented at each request for renewal.
(2) The identification card for
persons with disabilities shall be issued to a person with a temporary
disability upon presentation of a sworn affidavit of at least one (1) medical
doctor attesting to such disability and estimating the duration of such disability. Such identification cards shall be issued
for periods of six (6) months. A
current affidavit of a medical doctor attesting to the continuance of such
disability shall be presented at each request for renewal thereafter.
SECTION 4. The face of the identification card for persons with disabilities shall prominently bear the words "URGENT MEDICAL INFORMATION ON REVERSE." On the reverse side of the identification card shall be a space within which the issuer of the card shall enter such medical information as the applicant may request.
SECTION 5. The face of the identification card for persons with disabilities shall bear the word "TRANSPORTATION" with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicantīs disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state.
SECTION 6. The identification card for persons with disabilities shall bear the word "SEATING" with a box or blank space adjacent thereto. The issuer of the card shall place an "X" in such box or blank space if the applicantīs disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state.
SECTION 7. The commissioner shall promulgate rules and regulations under which this article shall be implemented.
SECTION 8. The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicantīs birth date.
SECTION
9. The department shall collect a fee of Five
Dollars ($5.00) for an identification card for persons with disabilities, which
fee shall be deposited in the State Treasury in the same manner as motor
vehicle driverīs license fees.
SECTION
10. It is a misdemeanor for any person:
(1) To lend his or her identification card for
persons with disabilities to any other person or knowingly to permit the use
thereof by another; and
(2) To display or represent as his or her own
any identification card for persons with disabilities not issued to him or her.
SECTION 11. This act shall take effect and be in force from and after July 1, 2005.