House Bill 1209

AN ACT TO AMEND SECTION 63-1-49, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO NOTIFY THE HOLDER OF A REGULAR DRIVER'S LICENSE AT LEAST THIRTY DAYS BEFORE EXPIRATION OF THE LICENSE; TO AUTHORIZE THE DEPARTMENT TO CHARGE AN ADDITIONAL FEE FOR SUCH NOTICE; AND FOR RELATED PURPOSES.

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

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

63-1-49. (1) (a) 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.

(b) At least thirty (30) days before the expiration date of a regular driver's license, the Department of Public Safety shall notify the licensee, in writing, by United States first class mail, that the license will expire unless renewed on or before the expiration date. To defer the costs incurred by the department in providing such notice, the department shall charge an additional fee in an amount not to exceed Two Dollars ($2.00), which fee shall be in addition to any other fees required to be paid by the licensee at the time of renewal.

(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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.