MISSISSIPPI LEGISLATURE

2013 Regular Session

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

By: Senator(s) Wiggins, Fillingane

Senate Bill 2720

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 BRING FORWARD SECTION 45-1-23, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; 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)  Except as otherwise provided in this section, 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.

          (b)   The funds received under the provisions of this subsection shall be distributed as follows:

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

              (ii)  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;

              (iii)  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;

              (iv)  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;

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

              (vi)  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.

 * * *(2)  The 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, Mississippi Code of 1972.

     ( * * *32) * * *In addition to the fee provided for in subsection (1) of this section, an additional fee of Seventy‑five Dollars ($75.00)  (a)  A fee of Two Hundred Dollars ($200.00) shall be charged for the reinstatement of a license issued * * *pursuant to under this article to every person whose license has been validly suspended 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.

          (b)  The funds received under the provisions of this subsection shall be distributed as follows:

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

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

              (iii)  Twenty-five Dollars ($25.00) shall be paid to the Department of Public Safety for the Office of Public Safety Planning;

              (iv)  Ten Dollars ($10.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol; and

              (v)  Forty Dollars ($40.00) shall be deposited into the Mississippi Trauma Care Systems Fund created in Section 41-59-75.

     (3)  (a)  A fee of One Hundred Dollars ($100.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended for nonpayment of child support under the provisions of Sections 93-11-151 through 93-11-163.

          (b)  The funds received under the provisions of this subsection shall be distributed as follows:

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

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

     (4) * * *The funds received under the provisions of subsection (3) of this section shall be placed in a special fund hereby created in the State Treasury.  Monies in such 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 bureau prior to 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 this subsection the amounts deposited in such 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 this subsection to the State General Fund and shall then dissolve such special fund.  This subsection (4) 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.  (a)  A fee of Two Hundred Dollars ($200.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.

          (b)  The funds received under the provisions of this subsection shall be distributed as follows:

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

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

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

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

     (5)  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.

     (6)  All reinstatement fees charged under this section shall be in addition to the fee provided for application for a driver's license in Section 63-1-43.

     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.  Section 45-1-23, Mississippi Code of 1972, is brought forward as follows:

     45-1-23.  (1)  The expenses of operating and administering the Department of Public Safety, including the Highway Safety Patrol, the Bureau of Investigation, and the Safety Responsibility Bureau, shall be paid from monies appropriated for such purposes by the Mississippi Legislature.

     The Department of Public Safety shall comply with all applicable provisions of Chapter 103, Title 27, Mississippi Code of 1972, being the State Budget and Accounting Act.

     (2)  All funds received by the Department of Public Safety and any bureau, department or division thereof shall be paid into the State Treasury on the same day in which said funds are collected.  The State Auditor of Public Accounts may require the commissioner to adopt standard accounting procedures acceptable to the Auditor for the handling of such sums.

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