MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Accountability, Efficiency, Transparency; Judiciary, Division B

By: Senator(s) Bryan, Butler (38th), Chassaniol, Collins, Doty, Fillingane, Frazier, Gandy, Jackson (15th), Massey, Montgomery, Polk, Simmons (12th), Smith, Sojourner, Ward, Watson, Wiggins, Wilemon, Jackson (11th)

Senate Bill 2461

(As Sent to Governor)

AN ACT TO AMEND SECTION 45-3-9, MISSISSIPPI CODE OF 1972, TO REMOVE THE REPEALER ON MINIMUM QUALIFICATIONS FOR MEMBERS OF THE MISSISSIPPI HIGHWAY PATROL; TO AMEND SECTIONS 63-1-35 AND 45-35-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DESIGNATION OF VETERANS ON DRIVER'S LICENSE AND IDENTIFICATION CARD; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 45-3-9, Mississippi Code of 1972, is amended as follows:

     45-3-9.  (1)  The chief of patrol, directors, inspectors, assistant inspectors, patrol officers and investigators of the department shall be selected after an examination as to physical and mental fitness, knowledge of traffic laws, rules and regulations of this state, the laws of the state pertaining to arrest, and the rules and regulations of the Mississippi Department of Public Safety and Public Service Commission, such examination to be prescribed by the commissioner.  At the time of appointment they shall be citizens of the United States and the State of Mississippi, of good moral character, and shall be not less than twenty-one (21) years of age and shall have:

          (a)  Sixty (60) hours and/or an associate degree from an accredited educational institution with a minimum grade point average of 2.0 on a 4.0 scale; or

          (b)  A high school diploma or GED and at least four (4) years of active military duty or six (6) years of National Guard duty; a Department of Defense Form 214 (DD214), Certificate of Release or Discharge from Active Duty, or a National Guard Bureau Form 22 (NGB Form 22), Report of Separation, or a National Guard Bureau Form 23 (NGB Form 23), ARNG Retirement Credit Points Statement must be submitted by the applicant; or

          (c)  A high school diploma or GED, minimum standard certification from an accredited law enforcement academy and a minimum of one (1) year of law enforcement field experience; or

          (d)  A high school diploma or GED if the applicant is not less than twenty-three (23) years of age. * * *

     (2)  Sworn agents of the Mississippi Bureau of Narcotics who are employed as enforcement troopers shall retain all compensatory, personal and sick leave accrued pursuant to Sections 25-3-92, 25-3-93 and 25-3-95.

     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 license 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 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.  The 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 that shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of the license or the superimposition of a photograph without ready detection.  The photograph shall be replaced by the department at the time of renewal.  Drivers' licenses, including photographs appearing thereon, may be renewed by electronic means according to rules and regulations promulgated by the commissioner in conformity to Section 27-104-33.

     (2)  The commissioner shall prescribe the form of license 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 license 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.

     (4)  The commissioner is authorized to provide the new, renewal or duplicate driver's license, temporary driving permit, intermediate license or commercial driver's license to any honorably discharged veteran as defined in Title 38 of the United States Code, and such license or permit shall exhibit the letters "Vet" or any other mark identifying the person as a veteran.  The veteran requesting the "Vet" designation shall present his DD-214 or equivalent document that includes a notation from the state Veterans Affairs Board that the applicant is a veteran.

     SECTION 3.  Section 45-35-3, Mississippi Code of 1972, is amended as follows:

     45-35-3.  (1)  Any person six (6) years of age or older may be issued an identification card by the department which is certified by the registrant and attested by the commissioner as to true name, correct age and such other identifying data as required by Section 45-35-5.

     (2)  The new, renewal or duplicate identification card of a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the cardholder as a sex offender.

     (3)  The commissioner is authorized to provide the new, renewal or duplicate identification card to any honorably discharged veteran as defined in Title 38 of the United States Code, and such identification card shall exhibit the letters "Vet" or any other mark identifying the person as a veteran.  The veteran requesting the "Vet" designation shall present his DD-214 or equivalent document that includes a notation from the state Veterans Affairs Board that the applicant is a veteran.

     SECTION 4.  This act shall take effect and be in force from and after its passage.