MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Transportation
By: Representative Miles, Lott
AN ACT TO AMEND SECTION 63-1-19, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN ADDITIONAL INFORMATION AND DOCUMENTATION THAT MUST BE PRESENTED TO THE COMMISSIONER OF PUBLIC SAFETY UPON APPLICATION FOR A DRIVER'S LICENSE OR PERMIT; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO VERIFY THE LEGAL STATUS OF A PERSON WHO APPLIES FOR A DRIVER'S LICENSE OR PERMIT; TO AUTHORIZE THE DEPARTMENT TO CHARGE AN ADDITIONAL FEE FOR COLLECTING, ANALYZING AND VERIFYING INFORMATION AND DOCUMENTS REGARDING LEGAL STATUS; TO PROVIDE THAT A PERSON WHO IS NOT A CITIZEN OR NATIONAL OF THE UNITED STATES AND WHO HAS CERTAIN LEGAL STATUS IN THE UNITED STATES MAY BE ISSUED ONLY A TEMPORARY DRIVER'S LICENSE OR PERMIT; TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN ADDITIONAL INFORMATION THAT MUST APPEAR ON DRIVER'S LICENSES AND PERMITS; TO PROVIDE THAT A TEMPORARY LICENSE OR PERMIT SHALL INDICATE CLEARLY ON ITS FACE THAT THE LICENSE OR PERMIT IS TEMPORARY AND SHALL STATE THE EXPIRATION DATE; TO AMEND SECTION 45-35-5, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN ADDITIONAL INFORMATION AND DOCUMENTATION THAT MUST BE PRESENTED TO THE COMMISSIONER OF PUBLIC SAFETY UPON APPLICATION FOR AN IDENTIFICATION CARD; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO VERIFY THE LEGAL STATUS OF A PERSON WHO APPLIES FOR AN IDENTIFICATION CARD; TO AUTHORIZE THE DEPARTMENT TO CHARGE AN ADDITIONAL FEE FOR COLLECTING, ANALYZING AND VERIFYING INFORMATION AND DOCUMENTS REGARDING LEGAL STATUS; TO PROVIDE THAT A PERSON WHO IS NOT A CITIZEN OR NATIONAL OF THE UNITED STATES AND WHO HAS CERTAIN LEGAL STATUS IN THE UNITED STATES MAY BE ISSUED ONLY A TEMPORARY IDENTIFICATION CARD; TO AMEND SECTION 45-35-7, MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXPIRATION DATE FOR TEMPORARY IDENTIFICATION CARDS; TO REDUCE FROM TEN YEARS TO EIGHT YEARS THE PERIOD OF TIME THAT AN INITIAL OR RENEWAL OF AN IDENTIFICATION CARD ISSUED TO A BLIND PERSON MAY BE VALID; TO AMEND SECTION 45-35-11, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN ADDITIONAL INFORMATION THAT MUST APPEAR ON IDENTIFICATION CARDS; TO PROVIDE THAT A TEMPORARY IDENTIFICATION CARD SHALL INDICATE CLEARLY ON ITS FACE THAT THE CARD IS TEMPORARY AND SHALL STATE THE EXPIRATION DATE; TO AMEND SECTIONS 45-35-3, 45-35-9, 63-1-9, 63-1-17, 63-1-21, 63-1-23, 63-1-31, 63-1-33, 63-1-37, 63-1-43, 63-1-45, 63-1-47, 63-1-49, 63-1-65 AND 63-10-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; 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 an initial license or permit issued pursuant to this article * * * shall file an application for such license or permit * * * 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 a license, except those specifically exempted from licensing under Section 63-1-7. The application shall state the full legal name, date of birth, the social security number of the applicant unless the applicant is not a citizen or national of the United States * * * andis not eligible for a social security number issued by the United States government, the 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. Each initial application shall also be accompanied with:
(i) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth;
(ii) Documentation showing the person's date of birth;
(iii) Proof of the person's social security account number or verification that the person is not eligible for a social security account number; and
(iv) Documentation showing the person's name and address of principal residence.
(b) Every applicant for an initial license or permit 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 initial license may show domicile in this state. Proof of domicile shall not be required of applicants under eighteen (18) years of age or of applicants who are not citizens or nationals of the United States and who are not domiciled in the United States. However, persons who are not citizens or nationals of the United States and who are not domiciled in the United States must show proof of residence in Mississippi as provided under paragraph (a)(iv) of this subsection (1).
* * *
(2) Before issuance of an initial license or permit under this article, the applicant shall present to the Department of Public Safety valid documentary evidence that the applicant:
(a) Is a citizen or national of the United States;
(b) Is an alien lawfully admitted for permanent or temporary residence in the United States;
(c) Has conditional permanent resident status in the United States;
(d) Has an approved application for asylum in the United States or has entered into the United States in refugee status;
(e) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
(f) Has a pending application for asylum in the United States;
(g) Has a pending or approved application for temporary protected status in the United States;
(h) Has approved deferred action status; or
(i) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
(3) A person who is required to present evidence of legal status under any of paragraphs (e) through (i) of subsection (2) of this section, if otherwise authorized to be issued a license or permit under this article, may be issued only a temporary driver's license or permit which shall be in the form provided under Section 63-1-35(2), which shall be valid for such period of time as provided under Section 63-1-47, and which shall be subject to such fees as provided under Section 63-1-43 and as otherwise provided under this article.
(4) The Commissioner of Public Safety, by rule or regulation, shall prescribe the minimum information and documents required to be presented to the Department of Public Safety for renewal of a license or permit issued under this article to a person who is a citizen or national of the United States; however, each application for renewal of a license or permit by a person who is not a citizen or national of the United States shall contain and be accompanied with all of the same information and documents required under subsections (1) and (2) of this section for issuance of an initial license or permit.
(5) For collecting, analyzing and verifying the information and documents required under subsections (1) and (2) of this section for the issuance of licenses and permits under this article, the Department of Public Safety may charge applicants a fee, which fee shall be in addition to any other fees authorized or required to be charged or collected under this article. The commissioner shall fix the fee in such amount so as to defray the reasonable and necessary costs that the department incurs in verifying the information and documents required under subsections (1) and (2) of this section. The additional fee shall be the same amount for all persons who are subject under this article to the additional fee.
(6) No person who is illegally in the United States or Mississippi shall be issued a license or permit under this article. * * * 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 and verify the identity of the applicant and that the applicant is not present in the United States or the State of Mississippi illegally.
(7) Whenever a person who has applied for or who has been issued a license or permit under this article moves from the address listed in the application or on the permit or license, or whenever the name of a licensee changes by marriage or otherwise, such person, within thirty (30) days thereafter, shall notify, in writing, the Department of Public Safety, Driver Services Division, and inform the department of his or her previous address and new address and of his or her former name and new name. The department shall not change the name of a licensee or permittee on his or her license or permit unless the applicant appears in person at an office of the department and provides a certified copy of his or her marriage license, court order, birth certificate or divorce decree changing the licensee's or permittee's name.
(8) (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 63-1-35, Mississippi Code of 1972, is amended as follows:
63-1-35. (1) The Commissioner of Public Safety shall prescribe the form of licenses and permits issued pursuant to this article which shall, among other features, include the full legal name of the licensee or permitee, the person's date of birth, the person's sex, the person's address of principle residence, the person's signature, the expiration date of the license or permit and a driver's license number or permit number assigned by the Department of Public Safety which, at the option of the licensee or permitee, may or may not be the social security number of the licensee. A licensee or permitee who has a social security number but who chooses not to use his social security number as his driver's license or permit number, * * * shall list his social security number with the department which shall cross reference the social security number with the driver's license or permit number for purposes of identification. A person who is not a citizen or national of the United States and who is not eligible for a social security number but who otherwise qualifies for issuance of a license or permit under this article shall be assigned a license or permit number by the department. Additionally, each license or permit shall bear a full face color photograph of the licensee or permitee in such form that the license or permit and the photograph cannot be separated. * * * The department shall use a process in the issuance of a license or permit with a color photograph which shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of such license or permit or the superimposition of a photograph without ready detection. Such photograph shall be replacedby the department at the time of renewal. Driver licenses and permits, 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 or permit 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) The form of any temporary driver's license or permit issued to a person as provided under Section 63-1-19(3), in addition to meeting the requirements of subsection (1) of this section, shall clearly indicate on the face of the license or permit that it is temporary and shall state the date on which the license or permit expires.
SECTION 3. Section 45-35-5, Mississippi Code of 1972, is amended as follows:
45-35-5. * * *
(1) (a) Every applicant for an initial identification card shall file an application for such identification card with the commissioner on a form provided by the department. The application shall state the full legal name, date of birth, the social security number of the applicant unless the applicant is not a citizen or national of the United States and is not eligible for a social security number issued by the United States government, the sex, race, color of eyes, color of hair, weight, height and residence address. Each initial application shall also be accompanied with:
(i) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth;
(ii) Documentation showing the person's date of birth;
(iii) Proof of the person's social security account number or verification that the person is not eligible for a social security account number; and
(iv) Documentation showing the person's name and address of principal residence.
(b) Every applicant for an initial identification card 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 identification card may show domicile in this state. Proof of domicile shall not be required of applicants under eighteen (18) years of age or of applicants who are not citizens or nationals of the United States and who are not domiciled in the United States. However, persons who are not citizens or nationals of the United States and who are not domiciled in the United States, regardless of age, must show proof of residence in Mississippi as provided under paragraph (a)(iv) of this subsection (1).
(2) Before issuance of an initial identification card under this chapter, the applicant shall present to the Department of Public Safety valid documentary evidence that the applicant:
(a) Is a citizen or national of the United States;
(b) Is an alien lawfully admitted for permanent or temporary residence in the United States;
(c) Has conditional permanent resident status in the United States;
(d) Has an approved application for asylum in the United States or has entered into the United States in refugee status;
(e) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
(f) Has a pending application for asylum in the United States;
(g) Has a pending or approved application for temporary protected status in the United States;
(h) Has approved deferred action status; or
(i) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
(3) A person who is required to present evidence of legal status under any of paragraphs (e) through (i) of subsection (2) of this section, if otherwise authorized to be issued an identification card under this chapter, may be issued only a temporary identification card which shall be in the form as provided under Section 45-35-11, shall be valid for such period of time as provided under Section 45-35-7, and shall be subject to such fees as provided under this section and Section 45-35-7.
(4) The Commissioner of Public Safety, by rule or regulation, shall prescribe the minimum information and documents required to be presented to the Department of Public Safety for renewal of an identification card issued under this chapter to a person who is a citizen or national of the United States; however, each application for renewal of an identification card by a person who is not a citizen or national of the United States shall contain and be accompanied with all of the same information and documents required under subsections (1) and (2) of this section for issuance of an initial identification card.
(5) For collecting, analyzing and verifying the information and documents required under subsections (1) and (2) of this section for the issuance of an identification card under this chapter, the Department of Public Safety may charge applicants a fee, which fee shall be in addition to any other fees authorized or required to be charged or collected under this chapter. The commissioner shall fix the fee in such amount so as to defray the reasonable and necessary costs that the department incurs in verifying the information and documents required under subsections (1) and (2) of this section. The additional fee shall be the same amount for all persons who are subject under this chapter to the additional fee.
(6) No person who is illegally in the United States or Mississippi shall be issued an identification card under this chapter. 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 and verify the identity of the applicant and that the applicant is not present in the United States or the State of Mississippi illegally.
(7) Whenever a person who has applied for or who has been issued an identification card under this chapter moves from the address listed in the application or on the identification card, or whenever the name of the holder of an identification card changes by marriage or otherwise, such person, within thirty (30) days thereafter, shall notify, in writing, the Department of Public Safety, Driver Services Division, and inform the department of his or her previous address and new address and of his or her former name and new name. The department shall not change the name of on his or her identification card unless the applicant appears in person at an office of the department and provides a certified copy of his or her marriage license, court order, birth certificate or divorce decree changing the cardholder's name.
SECTION 4. Section 45-35-7, Mississippi Code of 1972, is amended as follows:
45-35-7. (1) Except as provided in subsection (3) of this section, each applicant for an initial identification card issued pursuant to this chapter who is entitled to issuance of such a card shall be issued a four-year card which shall expire at midnight on the last day of the cardholder's birth month.
(2) Except as providedinsubsection (3) of this section, all renewal identification cards shall be for four-year periods and may be renewed any time during the birth month of the cardholder upon application and payment of the required fees.
(3) (a) Except as otherwise provided in this subsection, any applicant who is blind, as defined in Section 43-6-1, upon payment of the required fees * * *, shall be issued an initial identification card which shall remain valid for a period of eight (8) years. All renewal identification cards issued to such persons shall also be valid for a period of eight (8) years.
(b) An initial identification card issued to anyapplicant who is not a citizen or national of the United States * * * and who is only eligible to be issued a temporary identification card as provided under Section 45-35-5(3) shall be valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, for a period of one (1) year from the date of issuance. Such identification card may be renewed, if such person is otherwise qualified to renew such card, within thirty (30) days of expiration and shall be valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, for a period of one (1) year from the date of issuance.
(4) A fee of Eleven Dollars ($11.00) shall be collected for the issuance of an initial or renewal identification card plus the applicable photograph fee as provided in subsection (5) of this section. The fee of Eleven Dollars ($11.00) shall be deposited into the State General Fund. The photograph fee shall be deposited into a special photograph fee account or the State General Fund as provided under subsection (5) of this section.
(5) The Commissioner of Public Safety, by rule or regulation, shall establish an identification card 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.
(6) Any person who, for medical reasons, surrenders his unexpired driver's license, and any person whose unexpired driver's license is suspended for medical reasons by the Commissioner of Public Safety under Section 63-1-53(e), may be issued an identification card without payment of a fee. The identification card shall be valid for a period of four (4) years from its date of issue. All renewals of such card shall be subject to the fees prescribed in subsections (4) and (5) of this section. The provisions of this subsection shall not be applicable to persons who are not citizens or nationals of the United States and who are only eligible to be issued a temporary driver's license or permit.
(7) In addition to the fees required to be charged and collected under this section, the Department of Public Safety shall charge and collect a fee as provided under Section 45-35-5(5) from every person upon application for issuance of an initial identification card under this chapter and from persons who are not citizens or nationals of the United States upon each application by any such person for renewal of an identification card issued under this chapter.
(8) The department shall maintain a record of all identification cards issued, except for those cards cancelled, surrendered or denied renewal.
(9) (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 an identification card or a renewal of an identification card 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 5. Section 45-35-11, Mississippi Code of 1972, is amended as follows:
45-35-11. (1) All identification cards shall be centrally issued by the department * * *.
(2) The Commissioner of Public Safety shall prescribe the form of identification cards issued pursuant to this chapter which, among other features, shall include the full legal name of the cardholder, the person's date of birth, the person's sex, the person's address of principle residence, the person's signature, the expiration date of the identification card and an identification card number assigned by the Department of Public Safety which, at the option of the cardholder, may or may not be the social security number of the cardholder. A cardholder who has a social security number but who chooses not to use his social security number as his identification card number, shall list his social security number with the department which shall cross reference the social security number with the identification card number for purposes of identification. A person who is not a citizen or national of the United States and who is not eligible for a social security number but who otherwise qualifies for issuance of an identification card under this chapter shall be assigned an identification card number by the department. Additionally, each identification card shall bear a full face color photograph of the cardholder in such form that the cardholder and the photograph cannot be separated. The department shall use a process in the issuance of an identification card with a color photograph which shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of such license or permit or the superimposition of a photograph without ready detection. Such photograph shall be replacedby the department at the time of renewal. Identification cards, 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 identification card renewals that are processed by electronic means and, if authorized by general law, may charge an additional fee for the use of such credit cards and debit cards.
(2) The form of any temporary identification card issued to a person as provided under Section 45-35-5(3), in addition to meeting the requirements of subsection (1) of this section, shall clearly indicate on the face of the identification card that it is temporary and shall state the date on which the identification card expires.
SECTION 6. Section 45-35-3, Mississippi Code of 1972, is amended as follows:
45-35-3. Any person six (6) years of age or older may be issued an identification card by the department by making application for, presenting the documentation and identifying data as required by, and meeting the requirements of Section 45-35-5.
SECTION 7. Section 45-35-9, Mississippi Code of 1972, is amended as follows:
45-35-9. (1) If an identification card issued under this chapter is lost, destroyed or mutilated, or a new name is required, the person to whom it was issued may obtain a duplicate by furnishing satisfactory proof of such fact to the department. The same identifying data shall be furnished for a duplicate as for an initial card. A fee of Three Dollars ($3.00) plus the applicable photograph fee shall be collected for the first duplicate card issued and a fee of Eight Dollars ($8.00) plus the applicable photograph fee shall be collected for the second and each subsequent duplicate copy. However, whenever a duplicate copy of an identification card is issued only because a new name is required and the previously issued identification card is returned to the department, the fee for the issuance of such duplicate shall be Three Dollars ($3.00) plus the applicable photograph fee, regardless of whether the duplicate is the first, second or subsequent duplicate copy. All fees collected under this section, except photograph fees, shall be deposited into the State General Fund. Photograph fees collected under this section shall be deposited into a special photograph fee account or into the State General Fund in the same manner as photograph fees collected from the issuance of drivers' licenses under Section 63-1-43.
(2) Any person who loses an identification card and who, after obtaining a duplicate, finds the original card shall promptly surrender the original card to the department.
SECTION 8. Section 63-1-9, Mississippi Code of 1972, is amended as follows:
63-1-9. (1) No driver's license, intermediate license or learner's permit shall be issued pursuant to this article:
(a) To any person under the age of eighteen (18) years except as provided in this article.
(b) To any person whose license to operate a motor vehicle on the highways of Mississippi has been previously revoked or suspended by this state or any other state and/or territory of the United States or the District of Columbia, and such revocation or suspension period has not expired.
(c) To any person who is an habitual drunkard or who is addicted to the use of other narcotic drugs.
(d) To any person who would not be able by reason of physical or mental disability, in the opinion of the commissioner or other person authorized to grant an operator's license, to operate a motor vehicle on the highways with safety. However, persons who have one (1) arm or leg, or have arms or legs deformed, and have their car provided with mechanical devices whereby they are able to drive in a safe manner over the highways, if otherwise qualified, shall receive an operator's license the same as other persons. Moreover, deafness shall not be a bar to obtaining a license.
(e) To any person who is under the age of seventeen (17) years to drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school, or to drive any motor vehicle while in use as a public or common carrier of persons or property.
(f) To any person as an operator who has previously been adjudged to be afflicted with and suffering from any mental disability and who has not at time of application been restored to mental competency.
(g) To any unmarried person under the age of eighteen (18) years who does not at the time of application present a diploma or other certificate of high school graduation or a general education development certificate issued to the person in this state or any other state, or documentation that the person:
(i) Is enrolled and making satisfactory progress in a course leading to a general education development certificate;
(ii) Is enrolled in school in this state or any other state;
(iii) Is enrolled in a "nonpublic school," as such term is defined in Section 37-13-91(2)(i); or
(iv) Is unable to attend any school program due to circumstances deemed acceptable as set out in Section 63-1-10.
(h) To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30.
(i) To any person who is illegally in the United States or Mississippi.
(2) * * *
(a) A learner's permit may be issued to any person who is at least fifteen (15) years of age who otherwise meets the requirements of this article.
(b) An intermediate license may be issued to any person who is at least fifteen (15) years of age who otherwise meets the requirements of this article and who has held a learner's permit for at least six (6) months without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the six-month requirement for the holding of a learner's permit before an applicant can qualify for an intermediate license.
(c) A driver's license may be issued to any person who is at least sixteen (16) years of age who otherwise meets the requirements of this article and who has held an intermediate license for at least six (6) months without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the six-month requirement for the holding of an intermediate license before an applicant can qualify for a driver's license. However, a person who is at least seventeen (17) years of age who has been issued a learner's permit and who has never been convicted under Section 63-11-30 or of a moving violation shall not be required to have held an intermediate license.
(d) An applicant for a Mississippi driver's license who, at the time of application, is at least sixteen (16) years of age and who has held a valid motor vehicle driver's license issued by another state for at least six (6) months shall not be required to hold a learner's permit or an intermediate license before being issued a driver's license.
(3) The commissioner shall ensure that the learner's permit, intermediate license, and driver's license issued under this article are clear, distinct and easily distinguishable from one another.
SECTION 9. Section 63-1-17, Mississippi Code of 1972, is amended as follows:
63-1-17. As the license examiners file their statements showing the serial numbers of licenses and learner's permits issued pursuant to this article during the preceding month, the commissioner shall keep a record of all licenses and permits issued pursuant to this article by such examiners, a record of all licenses and permits revoked, a record of all perforated sections mailed to him by the trial judges, and such other information that he deems necessary to carry out the provisions of this article.
SECTION 10. Section 63-1-21, Mississippi Code of 1972, is amended as follows:
63-1-21. (1) Every applicant for a new or initial driver's or operator's license, except persons holding an out-of-state license, shall first obtain a learner's permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety and upon the successful completion of the examination provided for in Section 63-1-33 and the payment of the fee for such examination provided for in Section 63-1-43.
(2) A learner's permit entitles the holder, provided the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-one (21) years of age and who is actually occupying the seat beside the driver. A learner's permit may be issued to any applicant who is at least fifteen (15) years of age. A learner's permit shall be valid for a period of one (1) year from the date of issue.
(3) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. At all other times the intermediate licensee must be supervised by a parent, guardian or other person age twenty-one (21) years or older who holds a valid driver's license under this article and who is actually occupying the seat beside the driver.
(4) The fee for issuance of an intermediate license shall be Five Dollars ($5.00).
Except as otherwise provided by Section 63-1-6, every applicant for a restricted motorcycle operator's license or a motorcycle endorsement shall first obtain a * * * motorcycle learner's permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety, and upon the successful completion of the examination provided for in Section 63-1-33, and payment of the fee for said examination provided for in Section 63-1-43. All applicants for such learner's permit shall (a) be at least fifteen (15) years of age; (b) operate a motorcycle only under the direct supervision of a person at least twenty-one (21) years of age who possesses either a valid driver's or operator's license with a motorcycle endorsement or a valid restricted motorcycle operator's license; (c) be prohibited from transporting a passenger on a motorcycle; (d) be prohibited from operating a motorcycle upon any controlled access highway; and (e) be prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m. * * * Motorcycle learner's permits shall be valid for the same period of time and may be renewed upon the same conditions as learner's permits issued for vehicles other than motorcycles.
SECTION 11. Section 63-1-23, Mississippi Code of 1972, is amended as follows:
63-1-23. The application of any person under the age of seventeen (17) years for a learner's permit, intermediate license or license issued pursuant to this article shall be signed and verified before a person authorized to administer oaths by both the father and mother of the applicant, if both are living and have custody of him, or in the event neither parent is living then by the person or guardian having such custody or by an employer of him, or in the event there is no guardian or employer then by any other responsible person who is willing to assume the obligation imposed under Section 63-1-25 upon a person signing the application of a minor.
SECTION 12. Section 63-1-31, Mississippi Code of 1972, is amended as follows:
63-1-31. When a person is denied a license or any learner's permit after filing the proper application, he shall have the right within sixty (60) days thereafter to file a petition, in the county circuit or chancery court in the county wherein such application was filed, praying for a hearing in the matter before the judge of the court in which such application is presented. Such judge or chancellor is hereby vested with jurisdiction to hear such matters forthwith within term time or during vacation, upon five (5) days' written notice to the officer who refused to issue such license or any learner's permit. Said hearing shall be conducted at such place as may suit the convenience of the court. On the hearing of the petition, testimony may be taken, and the court shall render such judgment in the matter as it deems right and proper under the law and evidence.
SECTION 13. Section 63-1-33, Mississippi Code of 1972, is amended as follows:
63-1-33. It shall be the duty of the license examiner, when application is made for an operator's license or learner's permit, to test the applicant's ability to read and understand road signs and to give the required signals as adopted by the National Advisory Committee on Uniform Traffic Control Devices and the American Association of Motor Vehicle Administrators.
The commissioner shall have prepared and administer a test composed of at least ten (10) questions relating to the safe operation of a motor vehicle and testing the applicant's knowledge of the proper operation of a motor vehicle.
Prior to the administration of the test the license examiner shall inspect the horn, lights, brakes, inspection certificate and vehicle registration of the motor vehicle which the applicant expects to operate while being tested, and if he finds that any of the aforementioned items are deficient, no license or endorsement shall be issued to the applicant until same have been repaired.
An applicant for a Mississippi driver's license who, at the time of application, holds a valid motor vehicle driver's license issued by another state shall not be required to take a written test.
Except as otherwise provided by Section 63-1-6, when application is made for an initial motorcycle endorsement or a restricted motorcycle operator's license, the applicant shall be required to pass a written test which consists of questions relating to the safe operation of a motorcycle and a skill test similar to the "Motorcycle Operator Skill Test," which is endorsed by the American Association of Motor Vehicle Administrators. The commissioner may exempt any applicant from the skill test if the applicant presents a certificate showing successful completion of a course approved by the commissioner, which includes a similar examination of skills needed in the safe operation of a motorcycle.
SECTION 14. Section 63-1-37, Mississippi Code of 1972, is amended as follows:
63-1-37. In the event that a license or learner's permit issued under the provisions of this article is lost or destroyed, the licensee shall obtain from the commissioner a duplicate copy thereof and shall pay a fee in the amount of Three Dollars ($3.00) plus the applicable photograph fee for the first duplicate copy and a fee in the amount of Eight Dollars ($8.00) plus the applicable photograph fee for the second and each subsequent duplicate copy. The license or permit shall be marked "Duplicate."
All fees collected under this section, except photograph fees, shall be deposited into the State General Fund. Photograph fees collected under this section shall be deposited pursuant to the provisions of Section 63-1-43.
SECTION 15. 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) Eighteen Dollars ($18.00) plus the applicable photograph fee for each applicant for a four-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 temporary driver's license for each applicant who is not a citizen or national of the United States * * * and who is required to present evidence of legal status under Section 63-1-19(3).
All initial 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) Eleven Dollars ($11.00) plus the applicable photograph fee for a four-year license; and
(b) Eight Dollars ($8.00) plus the applicable photograph fee for a one-year license or for a temporary restricted motorcycle operator's license for an applicant who is not a citizen or national of the United States and who is required to present evidence of legal status under Section 63-1-19(3).
All initial and renewals of restricted motorcycle licenses shall be valid for the same period of time that an initial 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 initial 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-three Dollars ($23.00) 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.
Except as otherwise provided in subsection (5) of this section, all initial 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 initial and each renewal of a commercial driver's license issued under this section to a person who is not a citizen or national of the United States * * * and who is only eligible to be issued a temporary license under Section 63-1-19(3), shall be issued for a * * * fee of Eight Dollars ($8.00) plus the applicable photograph fee * * *. Such person may renew a commercial license issued under this section within thirty (30) days of expiration of the license if such person otherwise qualifies for issuance of such 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.
(7) In addition to the fees required to be charged and collected under this section, the Department of Public Safety shall charge and collect a fee as provided under Section 63-1-19(5) from every person upon application for issuance of an initial license or permit under this article and from persons who are not citizens or nationals of the United States upon each application by any such person for renewal of a license or permit issued under this article.
SECTION 16. 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 learner's permit or * * * motorcycle learner's 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, Seven Dollars ($7.00) of the fee derived from the fee charged for initial 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 initial 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.
SECTION 17. Section 63-1-47, Mississippi Code of 1972, is amended as follows:
63-1-47. (1) Except as otherwise provided in this article, each applicant for an initial 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 four-year license which will expire at midnight on the licensee's birthday.
* * * Except as otherwise provided in this section, all renewal licenses of operators eighteen (18) years of age or older shall be for four-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.
* * *
(2) The fee for the issuance of an initial and renewals of a Class D commercial driver's license under this article to an applicant who is not a citizen or national of the United States * * * and is only eligible to be issued a temporary license under Section 63-1-19(3) shall be as provided in Section 63-1-43(5), and the period for which such license will be valid and expire, shall be as prescribed in subsection (4) of this section.
* * *
(3) Except as otherwise provided in this article, each applicant for an initial 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.
(4) Any license or permit issued under this article to a person who is not a citizen or national of the United States * * * and who is only eligible to be issued a temporary license or permit under Section 63-1-19(3), shall be valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year from the date of issuance. Such license or permit may be renewed, if such person is otherwise qualified to renew such license, within thirty (30) days of expiration and shall be valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year from the date of issuance. The fee for any such license and for renewal shall be as prescribed in Section 63-1-43.
SECTION 18. 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 the license expires, may renew the license by mail or by on-line renewal services 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. Such 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 a dependent of a person in the armed services of the United States who is out of state due to military service if the dependent resides out of state with the armed services member and the license of the dependent 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 four (4) years and whose license shall expire during the stay overseas may renew said license for four (4) 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.
(4) None of the provisions of this section shall be construed to authorize renewal of the license or permit of a person who is not a citizen or national of the United States except upon verification by the Department of Public Safety of the legal status of such person and payment of the applicable fees for renewal of such license or permit for the prescribed period of time for which such license of such person may be renewed, all as otherwise provided under this article.
SECTION 19. Section 63-1-65, Mississippi Code of 1972, is amended as follows:
63-1-65. It shall be unlawful for any person to lend or borrow any learner's permit or license issued pursuant to this article, or to display or represent a license or temporary permit not issued to himself. Any person violating this section shall be fined not less than Five Dollars ($5.00) and costs and not more than Twenty-five Dollars ($25.00) and costs.
SECTION 20. Section 63-10-1, Mississippi Code of 1972, is amended as follows:
63-10-1. As used in this chapter:
(a) "State" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
(b) "Reciprocating state" means any state which extends by its laws to residents of Mississippi, substantially the same rights and privileges as provided for by this chapter.
(c) "Citation" means any citation, ticket or other document issued by a state highway patrol officer for the violation of a traffic law, ordinance, rule or regulation, ordering the alleged offender to appear.
(d) "License" means any operator's or chauffeur's permit or license, or any other license or permit to operate a motor vehicle issued under the laws of this state or a reciprocating state including:
(i) Any * * * learner's permit;
(ii) The privilege of any person to operate a motor vehicle whether or not such person holds a valid license; and
(iii) Any nonresident's operating privilege conferred upon a nonresident of a state pertaining to the operation by such person of a motor vehicle in such state.
(e) "Collateral" or "bond" means any cash or other security deposited to secure an appearance for trial following the issuance of a citation by a state highway patrol officer for the violation of a traffic law, ordinance, rule or regulation.
(f) "Personal recognizance" means a signed agreement by an alleged offender that he will comply with the terms of a court's directive as the result of a traffic citation served him.
(g) "Nonresident" refers only to a person who is a resident of or holds a driver's license issued by a reciprocating state.
SECTION 21. This act shall take effect and be in force from and after July 1, 2006.