Bill Text: MS HB892 | 2010 | Regular Session | Introduced

Mississippi House Bill 892 (Prior Session Legislation)

Introduced

Bill Title: Anatomical gift; Department of Public Safety to indicate donor status on license or ID card.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2010-02-02 - Died In Committee [HB892 Detail]

Download: Mississippi-2010-HB892-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Transportation

By: Representative Martinson

House Bill 892

AN ACT TO CREATE NEW SECTION 41-39-138, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DUTIES OF THE DEPARTMENT OF PUBLIC SAFETY WITH REGARD TO THE REVISED MISSISSIPPI UNIFORM ANATOMICAL GIFT ACT, UNDER WHICH A PERSON MAY DESIGNATE ON HIS DRIVER'S LICENSE OR IDENTIFICATION CARD THAT HE IS AN ANATOMICAL GIFT DONOR; TO PROVIDE THAT NO FEE MAY BE CHARGED FOR IMPRINTING A STATEMENT OR SYMBOL ON A PERSON'S DRIVER'S LICENSE OR IDENTIFICATION CARD DESIGNATING THAT PERSON AS AN ANATOMICAL GIFT DONOR, OR FOR ISSUING A DUPLICATE LICENSE OR CARD IF THE SOLE PURPOSE FOR ISSUING THE DUPLICATE LICENSE OR CARD IS TO DESIGNATE THE PERSON AS AN ANATOMICAL GIFT DONOR; TO AMEND SECTIONS 45-35-7, 45-35-65 AND 63-1-37, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 41-39-138, Mississippi Code of 1972:

41-39-138. (1) The Mississippi Department of Public Safety shall adopt and implement a program by which a person may designate himself as an anatomical gift donor, with an appropriate statement or symbol appearing on the driver's license or identification card of the person. In implementing the program, the department shall:

(a) Publish and promote the existence of the program within the state, including specific information regarding the procedures for obtaining a designation as an anatomical gift donor.

(b) Notify the department's counterparts in each of the other states that the program exists in this state and the significance of the statement or symbol appearing on the driver's license or identification card issued by the department.

(c) Distribute information about anatomical gift donation to each location where drivers' licenses and identification cards are applied for or renewed.

(2) The department shall provide space on every application for a driver's license or an identification card, or its renewal, in which the applicant may indicate his desire to be identified as an anatomical gift donor. Upon the request of any person whose license or identification card has not expired, the department shall imprint on the license or card, or issue a duplicate license or card that includes, the appropriate statement or symbol designating the person as an anatomical gift donor. No fee may be imposed for imprinting the statement or symbol on a license or card, and no fee may be imposed for issuing a duplicate license or card if the sole purpose for issuing the duplicate license or card is to designate the person as an anatomical gift donor.

(3) No provision of this section shall be construed to modify or repeal any provision of the Revised Mississippi Uniform Anatomical Gift Act, Section 41-39-101 et seq., and the actual donation of an anatomical gift shall conform to all provisions of that act.

SECTION 2. Section 45-35-7, Mississippi Code of 1972, is amended as follows:

45-35-7. (1) Except as provided in subsection (3) of this section, each applicant for an original identification card issued pursuant to this chapter who is entitled to issuance of such a card shall be issued a four-year card. Each card shall expire at midnight on the last day of the cardholder's birth month.

(2) Except as provided in subsection (3) of this section, all renewal identification cards shall be for four-year periods and may be renewed any time during the birth month of the cardholder upon application and payment of the required fee.

(3) (a) Any applicant who is blind, as defined in Section 43-6-1, upon payment of the fee prescribed in this section, shall be issued an original identification card which shall remain valid for a period of ten (10) years. All renewal identification cards issued to such persons shall also be valid for a period of ten (10) years.

(b) Any applicant who is not a United States citizen and who does not possess a social security number issued by the United States government, upon payment of the fee prescribed in this section, shall be issued an original identification card which shall remain valid for a period of one (1) year from date of issuance. All renewal identification cards issued to such persons shall also be valid for a period of one (1) year from date of issuance.

(4) A fee of Eleven Dollars ($11.00) shall be collected for the issuance of an original or renewal identification card plus the applicable photograph fee as provided in subsection (5) of this section. The fee of Eleven Dollars ($11.00) shall be deposited into the State General Fund. The photograph fee shall be deposited into a special photograph fee account or the State General Fund as provided under subsection (5) of this section.

(5) The Commissioner of Public Safety, by rule or regulation, shall establish an identification card photograph fee which shall be the actual cost of the photograph rounded off to the next highest dollar. Monies collected for the photograph fee shall be deposited into a special photograph fee account which the Department of Public Safety shall use to pay the actual cost of producing the photographs. Any monies collected in excess of the actual costs of the photography shall be deposited to the General Fund of the State of Mississippi.

(6) Any person who, for medical reasons, surrenders his unexpired driver's license, and any person whose unexpired driver's license is suspended for medical reasons by the Commissioner of Public Safety under Section 63-1-53(2)(e), may be issued an identification card without payment of a fee. The identification card shall be valid for a period of four (4) years from its date of issue. All renewals of such card shall be subject to the fees prescribed in subsections (4) and (5) of this section.

(7) The department shall maintain a record of all identification cards issued, except for those cards cancelled, surrendered or denied renewal.

(8) (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 an identification card or a renewal of an identification card 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.

(9) No fee may be imposed for issuing a duplicate identification card if the sole purpose for issuing the duplicate card is to designate the person as an anatomical gift donor under Section 41-39-101 et seq.

SECTION 3. Section 45-35-65, Mississippi Code of 1972, is amended as follows:

45-35-65. (1) Except as otherwise provided in subsection (2) of this section, the department shall collect a fee of Fifteen Dollars ($15.00) for an identification card for persons with disabilities, which fee shall be deposited in the State Treasury in the same manner as motor vehicle driver's license fees.

(2) No fee may be imposed for issuing a duplicate identification card for persons with disabilities, if the sole purpose for issuing the duplicate card is to designate the person as an anatomical gift donor as provided under Section 41-39-101 et seq.

SECTION 4. Section 63-1-37, Mississippi Code of 1972, is amended as follows:

63-1-37. In the event that a license or temporary driving permit issued under the provisions of this article is lost or destroyed, the licensee shall obtain from the commissioner a duplicate copy thereof and shall pay a fee in the amount of Three Dollars ($3.00) plus the applicable photograph fee for the first duplicate copy and a fee in the amount of Eight Dollars ($8.00) plus the applicable photograph fee for the second and each subsequent duplicate copy. The license or permit shall be marked "Duplicate."

All fees collected under this section, except photograph fees, shall be deposited into the State General Fund. Photograph fees collected under this section shall be deposited pursuant to the provisions of Section 63-1-43.

No fee may be imposed for issuing a duplicate driver's license if the sole purpose for issuing the duplicate license is to designate the person as an anatomical gift donor as provided under Section 41-39-101 et seq.

SECTION 5. This act shall take effect and be in force from and after July 1, 2010.