MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary B

By: Representatives Bain, Williams-Barnes, Anthony

House Bill 551

(As Passed the House)

AN ACT TO AMEND SECTION 63-1-19, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO PROMULGATE RULES THAT ALLOW AN OFFICIAL IDENTIFYING DOCUMENT ISSUED BY THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO SERVE AS AN IDENTIFYING DOCUMENT UNDER THIS SECTION IN LIEU OF A BIRTH CERTIFICATE OR SOCIAL SECURITY CARD FOR ANY PERSON RELEASED FROM THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IN THE LAST TWELVE MONTHS; 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)  The department shall promulgate rules that allow an official identifying document issued by the Mississippi Department of Corrections to serve as an identifying document under this section in lieu of a birth certificate or social security card for any person released from the custody of the Mississippi Department of Corrections in the last twelve (12) months.  The Mississippi Department of Corrections shall work with the department to provide an official state identification card to each person who is released from the custody of the Mississippi Department of Corrections on the day he or she is released from such custody.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.