MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Transportation
By: Representatives Massengill, Hines
AN ACT TO AMEND SECTIONS 63-1-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NON-U.S. CITIZENS SHALL HAVE THEIR DRIVER'S LICENSE OR IDENTIFICATION CARD CREDENTIALED FOR A MAXIMUM OF FOUR YEARS; TO PROVIDE THAT A PERSON'S IMMIGRATION STATUS FOR PURPOSE OF CREDENTIALING SHALL BE VERIFIED USING THE SYSTEMATIC ALIEN VERIFICATION ENLISTMENT PROGRAM; TO BRING FORWARD SECTIONS 63-1-47 AND 63-1-43, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-19, Mississippi Code of 1972, is amended as follows:
63-1-19. (1) (a) 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 or not 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.
(b) Every applicant for an original license shall show proof of domicile in this state. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which an applicant for an original license may show domicile in this state. Proof of domicile shall not be required of applicants under eighteen (18) years of age.
(c) Unless the applicant is not a United States citizen and does not possess a social security number issued by the United States government, each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
(2) No person who is illegally in the United States or Mississippi shall be issued a license. The application of a person who is not a United States citizen and who does not possess a social security number issued by the United States government shall state the name, date of birth, sex, race, color of eyes, color of hair, weight, height and residence address, and whether or not 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. The commissioner shall adopt and promulgate such rules and regulations as he deems appropriate requiring additional documents, materials, information or physical evidence to be provided by the applicant as may be necessary to establish the identity of the applicant and that the applicant is not present in the United States or the State of Mississippi illegally.
(3) 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.
(4) (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.
(5) (a) A non-U.S. citizen who is eligible for a driver's license or identification card shall only have their license or card credentialed for a maximum of four (4) years, regardless of the time period for which the person is authorized to lawfully be in the country.
(b) If the person is authorized to lawfully be in the country for a period less than four (4) years, the person shall only be credentialed for the time period the person is authorized to lawfully be in the country.
(c) If a non-U.S. citizen is applying for a commercial driver's license, such person may receive a commercial driver's license if the person holds permanent residence status, however, such license shall only be credentialed for a maximum of one (1) year.
(d) For the purposes of this section a non-U.S. citizen's immigration status shall be verified through the Systematic Alien Verification Enlistment (SAVE) program.
(e) The fees for any license or identification card credentialed under this section shall be charged in accordance with Section 63-1-43, except that if a person is credentialed for a period less than four (4) years, such person shall still be charged the four (4) year license or card fee.
SECTION 2. Section 63-1-47, Mississippi Code of 1972, is brought forward as follows:
63-1-47. (1) (a) Except as otherwise provided in this section, each applicant for an original or renewal Class R or Class D license issued pursuant to this article, who is entitled to issuance of same, shall be issued a four-year license or an eight-year license, at the option of the applicant, which will expire at midnight on the licensee's birthday and may be renewed any time within six (6) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined.
(b) The term of an intermediate license issued under this article shall be one (1) year.
(c) The term of an iginition-interlock-restricted license issued under this article shall be four (4) years.
(2) Any commercial driver's license issued under Article 5 of this chapter shall be issued for a five-year term to expire at midnight on the licensee's birthday.
(3) (a) All applications by an operator under eighteen (18) years of age must be accompanied by documentation that the applicant is in compliance with the education requirements of Section 63-1-9(1)(g), and the documentation used in establishing compliance must be dated no more than thirty (30) days before the date of application.
(b) All applications by an operator under eighteen (18) years of age, if applicable, must be accompanied by documentation signed and notarized by the parent or guardian of the applicant and the appropriate school official, authorizing the release of the applicant's attendance records to the Department of Public Safety as required under Section 63-1-10.
(c) The commissioner shall suspend the driver's license, intermediate license or regular learner's permit of a student under eighteen (18) years of age who has been reported by the Department of Education as required by Section 63-1-10.1, and shall give notice of the suspension to the licensee as provided in Section 63-1-52(4). A school superintendent or designee may request that the driver's license, intermediate license or regular learner's permit that has been suspended under the provisions of this subsection be reinstated after the student has successfully completed nine (9) weeks of school attendance without an unlawful absence.
(4) (a) Any original or renewal license issued under this chapter to a person who is not a United States citizen shall expire four (4) years from the date of issuance or on the expiration date of the applicant's authorized stay in the United States, whichever is the lesser period of time, and may be renewed, if the person is otherwise qualified to renew the license, within thirty (30) days of expiration. The fee for any such license and for renewal shall be as prescribed in Section 63-1-43.
(b) Any applicant for an original or renewal license under this subsection (4) must present valid documentary evidence documenting that the applicant:
(i) Is a citizen or national of the United States;
(ii) Is an alien lawfully admitted for permanent or temporary residence in the United States;
(iii) Has conditional permanent residence status in the United States;
(iv) Has an approved application for asylum in the United States or has entered into the United States in refugee status;
(v) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into or lawful presence in the United States;
(vi) Has a pending application for asylum in the United States;
(vii) Has a pending or approved application for temporary protected status in the United States;
(viii) Has approved deferred-action status;
(ix) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States; or
(x) Has a valid employment authorization card issued by the United States Department of Homeland Security.
SECTION 3. Section 63-1-43, Mississippi Code of 1972, is brought forward as follows:
63-1-43. (1) The commissioner shall charge and collect the following fees:
(a) Fees to which the card stock fee authorized in Section 45-1-21 shall be added:
Class R original or renewal four-year license
authorized in Section 63-1-5........................ $18.00
Class R original or renewal eight-year license
authorized in Section 63-1-5........................ $36.00
Class D original or renewal four-year license
authorized in Section 63-1-47....................... $23.00
Class D original or renewal eight-year license
authorized in Section 63-1-47....................... $46.00
Four-year Identification Card authorized in
Section 45-35-7..................................... $11.00
Eight-year Identification Card authorized in
Section 45-35-7..................................... $22.00
Eight-year Identification Card for the blind
authorized in Section 45-35-7....................... $11.00
Four-year Disability Identification Card authorized in
Section 45-35-53.................................... $11.00
Regular Learner's Permit authorized in Section 63-1-21... $ 1.00
Duplicate Identification Card or Disability
Identification Card................................. $ 5.00
Intermediate license authorized in Section 63-1-21....... $ 5.00
Duplicate Class R or Class D license
authorized in Section 63-1-37....................... $ 5.00
Class A, B or C Commercial driver's license
authorized in Section 63-1-208...................... $48.00
CDL Learner's Permit authorized in Section 63-1-208...... $10.00
Duplicate CDL or CDL learner's permit.................... $ 5.00
Ignition-Interlock-Restricted License
authorized in Section 63-11-31...................... $50.00
(b) Driver services fees to which the card stock fee authorized in Section 45-1-21 is not added:
Temporary Motorcycle Permit.............................. $ 1.00
Four-year or eight-year Motorcycle Endorsement........... $ 5.00
Late Renewal Fee......................................... $ 1.00
Four-year Identification Card upon medical reason for
surrender of a driver's license as authorized in
Section 45-35-7 (one (1) time only)................. No fee
Hazardous Materials Background Check (federal)........... $63.00
Hazardous Materials Background Check (state)............. $37.00
CDL Application Fee...................................... $25.00
CDL Endorsements:
Tanker Endorsement....................................... $ 5.00
Doubles/Triples Endorsement.............................. $ 5.00
Passenger Endorsement.................................... $ 5.00
Hazardous Materials Endorsement.......................... $ 5.00
School Bus Endorsement................................... $ 5.00
(c) In addition to the fees required in this section, an applicant may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund. The applicant shall be informed that he may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund and shall be expended solely for the purpose of funding litter prevention projects or litter education programs, as recommended by the Statewide Litter Prevention Program of Keep Mississippi Beautiful, Inc.
(2) All originals and renewals of operators' licenses shall be in compliance with Section 63-1-47.
SECTION 4. This act shall take effect and be in force from and after July 1, 2016.