House Bill 1015

(As Passed the House)

AN ACT TO AMEND SECTION 63-1-46, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE FEES FOR THE REINSTATEMENT OF SUSPENDED OR REVOKED DRIVER'S LICENSES AND PROVIDE FOR THE DISTRIBUTION OF THE REINSTATEMENT FEES FOR VARIOUS PURPOSES; TO AMEND SECTION 63-1-45, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO MAINTAIN A DRIVER'S LICENSE STATION IN EVERY COUNTY SEAT AT LEAST ONE DAY PER MONTH; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-46, Mississippi Code of 1972, is amended as follows:

63-1-46. (1) A fee of * * * ~~Twenty-five Dollars ($25.00)~~One Hundred Dollars ($100.00) shall be charged for the reinstatement of a license issued * * * ~~pursuant to~~under this article to every person whose license has been validly suspended, revoked or cancelled. This fee shall be in addition to the fee provided for in Section 63-1-43 * * *~~,Mississippi Code of 1972~~.

(2) * * *

In addition to the fee provided for in subsection (1) of this section, an additional fee of * * * ~~Seventy-five Dollars ($75.00)~~One Hundred Dollars ($100.00) shall be charged for the reinstatement of a license issued * * * ~~pursuant to~~under this article to every person whose license has been suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71. This fee shall be in addition to the fee provided for in Section 63-1-43.

(3) Except as otherwise provided in subsections (4), (5) and (6) of this section, the funds received under the provisions of subsection (1) of this section shall be distributed as follows:

(a) Twenty-five Dollars ($25.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;

(b) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement Fund as provided under Section 25-13-7;

(c) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Public Employees' Retirement System;

(d) Fifteen Dollars ($15.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol;

(e) Five Dollars ($5.00) shall be paid to the Department of Public Safety for purchases of equipment for driver's license services; and

(f) Five Dollars ($5.00) shall be paid to the Department of Public Safety for offsetting data hosting costs at the Department of Information Technology Services.

(4) When the person's driver's license was suspended under the provisions of Sections 93-11-151 through 93-11-163, the funds received under the provisions of subsection (1) of this section shall be distributed as follows:

(a) Twenty-five Dollars ($25.00) shall be deposited into the State General Fund in accordance with Section 45-1-23; and

(b) Seventy-five Dollars ($75.00) shall be deposited into the Children's Justice Center Fund created in Section 37-115-43(4).

(5) When the person's driver's license was suspended or revoked under the provisions of the Mississippi Implied Consent Law, the funds received under the provisions of subsections (1) and (2) of this section shall be distributed as follows:

(a) Funds received under the provisions of subsection (1) of this section shall be deposited into the State General Fund in accordance with Section 45-1-23; and

(b) Funds received under the provisions of subsection (2) of this section shall be distributed as follows:

(i) Seventy-five percent (75%) of such funds shall be paid to the Department of Public Safety for purchases of equipment and to supplement the compensation of officers employed with the department; and

(ii) Twenty-five percent (25%) of such funds shall be deposited into the Drug Court Fund established in Section 9-23-51.

(6) When the person's driver's license was suspended or revoked as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71, the funds received under the provisions of subsections (1) and (2) of this section shall be distributed as follows:

(a) One Hundred Dollars ($100.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;

(b) Twenty-five Dollars ($25.00) shall be deposited into the special fund of the Mississippi Crime Laboratory created in Section 45-1-29(3);

(c) Twenty-five Dollars ($25.00) shall be paid to the Department of Public Safety for purchases of equipment by the Bureau of Narcotics; and

(d) Fifty Dollars ($50.00) shall be deposited into the Drug Court Fund created in Section 9-23-51.

( * * *47) Seventy-five Dollars ($75.00) of the funds received under the provisions of subsection * * *3 (2) of this section shall be placed in a special fund * * * ~~hereby~~that is created in the State Treasury. Monies in * * * ~~such~~the special fund may be expended solely to contribute to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol such amounts as are necessary to make sworn agents of the Mississippi Bureau of Narcotics who were employed by * * * ~~such~~the bureau * * * ~~prior to~~before December 1, 1990, and who were subsequently employed as enforcement troopers by the Department of Public Safety, full members of the retirement system for the Mississippi Highway Safety Patrol with full credit for the time they were employed as sworn agents for the Mississippi Bureau of Narcotics. The Board of Trustees of the Public Employees' Retirement System shall certify to the State Treasurer the amounts necessary for the purposes described above. The State Treasurer shall monthly transfer from the special fund created * * * ~~pursuant to~~under this subsection the amounts deposited in * * * ~~such~~the special fund to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol until such time as the certified amount has been transferred. At such time as the certified amount has been transferred, the State Treasurer shall transfer any funds remaining in the special fund created * * * ~~pursuant to~~under this subsection to the State General Fund and shall then dissolve * * * ~~such~~the special fund. This subsection * * *4 (7) shall stand repealed at such time when the State Treasurer transfers funds and dissolves the special fund account in accordance with the provisions of this subsection.

( * * *58) The procedure for the reinstatement of a license issued * * * ~~pursuant to~~under this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

SECTION 2. Section 63-1-45, Mississippi Code of 1972, is amended as follows:

63-1-45. (1) 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 signed by the examiner shall be given to the applicant, and a copy shall be retained by the examiner. The license examiner shall, not later than ten (10) days from the date of an application, transmit the application, together with the fee, to the commissioner. The 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 in this section shall be the only valid and recognized form of receipt for fees paid by applicants, and the receipt shall be sufficient in lieu of the renewed license for a period of sixty (60) days or until the renewed license has been issued to the applicant by the commissioner.

(2) There shall be tendered with all applications for a temporary driving permit, temporary motorcycle driving permit, initial issuance of any license issued pursuant to this article, renewal licenses, duplicate licenses or any other services for which a fee is charged, the proper fee required by law by cash, certified check, money order or electronic payment as authorized under Section 27-104-33.

(3) 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~~upon legislative appropriation solely for the purchase by the Mississippi Highway Safety Patrol of patrol cars, communications equipment and weapons.

SECTION 3. The Department of Public Safety shall maintain a driver's license station in every county seat of the State of Mississippi at least one (1) day per month to conduct licensing examinations, road test and renewals.

SECTION 4. This act shall take effect and be in force from and after July 1, 2013, and shall stand repealed from and after June 30, 2013.