Senate Bill 2957

(As Passed the Senate)

AN ACT TO AMEND SECTION 63-1-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DRIVER'S LICENSE APPLICATION SHALL CLEARLY LIST ALL DOCUMENTATION REQUIRED ON THE FACE THEREOF; TO AMEND SECTION 63-1-49, MISSISSIPPI CODE OF 1972, TO ALLOW MILITARY PERSONNEL AND DEPENDENTS TO RENEW A DRIVER'S LICENSE BY MAIL OR ON-LINE WHEN OUT OF STATE ON ACTIVE DUTY; AND FOR RELATED PURPOSES.

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

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

63-1-19. (1) (a) 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.

(b) Every applicant for an original license shall show proof of domicile in this state. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which an applicant for an original license may show domicile in this state. Proof of domicile shall not be required of applicants under eighteen (18) years of age.

(c) 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.

(d) Every legal requirement and all documentation necessary for obtaining a license shall be clearly listed on the face of the application form.

(2) 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.

(3) (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 2. Section 63-1-49, Mississippi Code of 1972, is amended as follows:

63-1-49. (1) Any license issued pursuant to this article may be renewed at any time within twelve (12) months after the expiration date of the 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 the license expires, may renew the license by mail, by on-line renewal service, or 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. The 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 subsection.

(3) Any person holding a valid license issued pursuant to this article who is going overseas for two (2) to four (4) years and whose license shall expire during the stay overseas may renew the person's license for four (4) years prior to leaving. The 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 3. Section 1 of this act shall take effect and be in force from and after January 1, 2006, and Section 2 of this act shall take effect and be in force from and after its passage.