Senate Bill 2283

AN ACT TO PROHIBIT RACIAL PROFILING BY LAW ENFORCEMENT OFFICERS; TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 63-1-19, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE TYPES OF DOCUMENTS THAT AN APPLICANT FOR A MISSISSIPPI DRIVER'S LICENSE MAY PROVIDE TO THE DRIVER'S LICENSE EXAMINER IN ORDER TO SHOW PROOF OF RESIDENCY; TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE FILING OF AN AFFIDAVIT BY A PERSON WHO HAS NEVER BEEN ISSUED A SOCIAL SECURITY NUMBER; TO CREATE NEW SECTION 63-1-20, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A CERTIFICATE FOR DRIVING; TO PROSCRIBE AS UNLAWFUL CERTAIN EMPLOYMENT PRACTICES; TO CREATE SECTION 71-11-1, MISSISSIPPI CODE OF 1972, TO REQUIRE EMPLOYERS TO PROVIDE EMPLOYEES ACCESS TO THEIR PERSONNEL FILES AT ALL REASONABLE TIMES; TO CREATE SECTION 11-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT CONSIDERATION OF A PERSON'S IMMIGRATION STATUS IN THE JUDGMENT RENDERED IN ANY CIVIL MATTER; TO PROHIBIT LOCAL LAW ENFORCEMENT AGENCIES FROM PARTICIPATING IN ICE RAIDS; AND FOR RELATED PURPOSES.

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

SECTION 1. It shall be unlawful for any law enforcement officer to detain or stop a person in traffic based solely on the race of the person being detained or stopped. All law enforcement agencies shall keep accurate records of all traffic stops and detentions identifying the reasons for the stops and the race of the person being stopped or detained. Any law enforcement officer who violates this section shall, upon conviction, be fined not more than One Thousand Dollars ($1,000.00) or imprisoned for up to one (1) year, or both. In addition to such fine or imprisonment, or both, the law enforcement officer shall not return to the profession of law enforcement until such officer has been trained in the prevention of racial profiling as provided in Section 45-6-11.

SECTION 2. Section 63-1-19, Mississippi Code of 1972, is amended as follows:

63-1-19. (1) * * * 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 * * * 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.

(2) Every applicant for an original license shall show proof of residency in this state. An applicant for an original license may show proof of residency in this state by presenting to the license examiner at least two (2) of the following documents:

(a) A utility bill, including telephone service, showing a valid residential address;

(b) A bank statement showing a valid Mississippi address;

(c) An acceptable employer verification, such as an employment identification card, a letter from the employer on its official letterhead or a payroll check or payroll check stub;

(d) An automobile, life or health insurance policy showing a valid Mississippi address;

(e) A driver's license issued by the State of Mississippi to a parent, legal guardian or spouse;

(f) A Mississippi motor vehicle registration showing a valid Mississippi address;

(g) An Internal Revenue Service Tax Reporting W-2 Form;

(h) A receipt for personal or real estate taxes paid within the last year showing a valid Mississippi address;

(i) A copy of a residential lease showing a valid Mississippi address;

(j) If the applicant is a student enrolled in a public or private school in Mississippi, a photo student identification card and acceptable documentation that the student resides on campus; or

(k) A photo identification card issued by the government of the applicant's country of origin.

(3) If an applicant is unable to provide at least two (2) of the documents described in subsection (2) of this section, he may provide one (1) of the documents described in subsection (2) of this section and one (1) of the following documents:

(a) The Individual Taxpayer Identification Number (ITIN) issued by the Internal Revenue Service;

(b) Form I-94 issued to the applicant by the United States Immigration and Naturalization Service;

(c) An Employment Authorization Card (EAD) issued to the applicant by the United States Immigration and Naturalization Service;

(d) A Permanent Residence Card issued to the applicant by the United States Immigration and Naturalization Service; or

(e) A stamp in a foreign passport issued by the United States Immigration and Naturalization Service showing evidence of lawful admission for permanent residence.

(4) The documents described in subsections (1) and (2) of this section must include the applicant's name or the name of the applicant's spouse, if the applicant has a spouse, or if the applicant is a minor, the name of a parent or legal guardian. These documents must also show the applicant's valid residence address used on the application for the Mississippi driver's license.

Each application or filing made under this section, except as otherwise provided under Section 63-1-35(2), shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

(5) 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.

(6) (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 3. 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 issued pursuant to this article which shall, among other features, include a driver's license number assigned by the Department of Public Safety which, at the option of the licensee, may or may not be the social security number of the licensee. A licensee who chooses not to use his social security number as his driver's license number, except as otherwise provided under subsection (2) of this section, shall list his social security number with the department which shall cross reference the social security number with the driver's license number for purposes of identification. Additionally, each license shall bear a full face color photograph of the licensee in such form that the license and the photograph cannot be separated. Such photograph shall be taken so that one (1) exposure will photograph the applicant and the application simultaneously on the same film. The department shall use a process in the issuance of a license with a color photograph which shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of such license or the superimposition of a photograph without ready detection. Such photograph shall be replaced by the department at the time of renewal. Driver's licenses, 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's license 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) An applicant who does not have, or who states that he has never been issued, a social security number as required under subsection (1) of this section, shall complete an affidavit, under penalty of perjury, affirming that he has never been issued a social security number.

(3) Any new, renewal or duplicate driver's license, temporary driving permit, intermediate license or commercial driver's license issued to a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the licensee or permittee as a sex offender.

SECTION 4. The following shall be codified as Section 63-1-20, Mississippi Code of 1972:

63-1-20. (1) Notwithstanding any other provision of law to the contrary, the department may issue a certificate for driving to persons whose presence in the United States has been authorized by the federal government for a specific purpose and for a specified period of authorized stay. Such certificate of driving shall be valid only during the period of time of the applicant's authorized stay in the United States; no certificate shall be issued for a period of less than (1) year or longer than five (5) years.

(2) Notwithstanding the provisions of subsection (1) of this section, the department may issue a certificate for driving to persons who do not satisfy the requirements of subsection (1). Such certificate for driving shall be valid for a period of one (1) year. Except as otherwise provided in this section, all laws applicable to driver's licenses and financial responsibility shall also apply to certificates for driving. All laws applicable to convictions, suspensions, cancellations and revocations of driver's licenses shall also apply to certificates for driving.

(3) Any applicant applying for a certificate for driving, upon initial issuance, renewal or reinstatement, shall meet the requirements of this section.

(4) For the purposes of this section, "certificate for driving" means a certificate issued by the department to an individual who does not satisfy the requirements of Section 63-1-35 to obtain a driver's license. Such certificate for driving shall be clearly distinguishable from a driver's license and shall clearly display on its face a phrase substantially similar to: "FOR DRIVING PURPOSES ONLY - NOT VALID FOR IDENTIFICATION."

SECTION 5. (1) It is hereby declared to be the public policy of Mississippi that the right of a person to work shall not be denied or abridged on account of a person's immigration status.

(2) It shall be an unlawful employment practice for an employer to retaliate against an employee by contacting the United States Immigration and Customs Enforcement or the United States Customs and Border Patrol to begin a worksite investigation of the employer's records or to arrest current or former employees because the employee has exercised any workplace right granted to the employee under state or federal law.

(3) No employer shall take an adverse action against an employee based solely on the employer's participation in the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a); 8 USC, Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program.

(4) No employer shall require any person, as a condition of employment or continuation of employment, to waive any right granted to the person under this section.

(5) Any person who may be denied employment or be deprived of continuation of his employment in violation of this section shall be entitled to recover from such employer and from any other person, firm, corporation or association acting in concert with him, by appropriate action in the courts of this state, such actual damages as he may have sustained by reason of such denial or deprivation of employment.

SECTION 6. The following shall be codified as Section 71-11-1, Mississippi Code of 1972:

71-11-1. An employer shall be required to provide each employee reasonable access to the employee's personnel file at all reasonable times.

SECTION 7. The following shall be codified as Section 11-1-73, Mississippi Code of 1972:

11-1-73. In any civil action, whether for personal injury or on any other grounds, a person's immigration status shall not be considered in the remedy awarded in the suit.

SECTION 8. There shall be no authority under law, including under the provisions of Section 19-25-23, Sections 21-21-31 through 21-21-41, or Sections 17-13-1 through 17-13-17, for a local law enforcement agency, the Mississippi Highway Patrol, the Mississippi Bureau of Narcotics or the Mississippi Bureau of Investigation to participate in any United States Immigration and Customs Enforcement raid.

SECTION 9. This act shall take effect and be in force from and after July 1, 2010.