House Bill 847

AN ACT TO AMEND SECTION 63-1-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A TEMPORARY DRIVING PERMIT SHALL BE VALID FOR A PERIOD OF TWO YEARS; TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION ALLOWING THE COMMISSIONER OF PUBLIC SAFETY TO PROVIDE A LICENSEE WITH THE OPTION OF HAVING HIS SOCIAL SECURITY NUMBER AS HIS DRIVER'S LICENSE NUMBER; TO AMEND SECTION 63-1-37, MISSISSIPPI CODE OF 1972, TO REVISE THE FEES FOR DUPLICATE DRIVER'S LICENSES TO PROVIDE THAT THE FEE FOR THE FIRST AND EACH SUBSEQUENT DUPLICATE COPY OF THE LICENSE IS FIVE DOLLARS; TO AMEND SECTION 63-1-45, MISSISSIPPI CODE OF 1972, TO ALLOW A BANK CREDIT CARD OR DEBIT CARD TO BE USED TO PAY THE PRESCRIBED FEE FOR A TEMPORARY DRIVER'S PERMIT, TEMPORARY MOTORCYCLE DRIVING PERMIT, OR FOR THE INITIAL ISSUANCE OF ANY LICENSE ISSUED UNDER ARTICLE 1, CHAPTER 1, TITLE 63, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-21, Mississippi Code of 1972, is amended as follows:

63-1-21. (1) Every applicant for a new or original driver's or operator's license, except persons holding an out-of-state license, shall first obtain a temporary driving 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 temporary driving 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 temporary driving permit may be issued to any applicant who is at least fifteen (15) years of age. A temporary driving permit shall be valid for a period of two (2) years from the date of issue.

(3) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 11:30 p.m. Friday and Saturday, and allows unsupervised driving any time for a person traveling directly to or from work. 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 temporary motorcycle driving 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 temporary 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;

(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. Temporary motorcycle driving permits shall be valid for the same period of time and may be renewed upon the same conditions as temporary driving permits issued for vehicles other than motorcycles.

(5) 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 the credit cards and debit cards.

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 issued pursuant to this article which shall, among other features, include a driver's license number assigned by the Department of Public Safety * * *. 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) The commissioner shall prescribe the form of licenses issued pursuant to this article to licensees who are not United States citizens and who do not possess a social security number issued by the United States government. The licenses of such persons shall include a number and/or other identifying features.

(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 3. Section 63-1-37, Mississippi Code of 1972, is amended as follows:

63-1-37. In the event that a license or temporary driving 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 Five Dollars ($5.00) plus the applicable photograph fee for the first * * * 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 4. 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 temporary driving permit or temporary motorcycle driving 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, certified check, bank credit card or debit card. Except as otherwise provided under Section 63-1-35(1), 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 original 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 original 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 5. This act shall take effect and be in force from and after July 1, 2011.