Bill Text: MS HB960 | 2010 | Regular Session | Engrossed
Bill Title: Driver's license; make optional to have four-year or eight-year license.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2010-03-27 - Died On Calendar [HB960 Detail]
Download: Mississippi-2010-HB960-Engrossed.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Transportation; Ways and Means
By: Representatives Stringer, Scott, Clark
House Bill 960
(As Passed the House)
AN ACT TO AMEND SECTION 63-1-43, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN EIGHT-YEAR DRIVER'S LICENSE AS AN OPTION TO A FOUR-YEAR LICENSE; TO REQUIRE A FEE FOR AN EIGHT-YEAR DRIVER'S LICENSE; TO AMEND SECTION 63-1-47, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 45-33-57, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH FEES FOR INFORMATION REQUESTS FROM THE SEX OFFENDER REGISTRY; TO BRING FORWARD SECTIONS 45-35-7 AND 45-35-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE RENEWAL OF AND FEES FOR IDENTIFICATION CARDS ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY; TO BRING FORWARD SECTIONS 63-1-21, 63-1-37, 63-1-45, 63-1-46, 63-1-49, 63-1-81, AND 63-1-82, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBE FEES FOR THE ISSUANCE OF TEMPORARY DRIVING PERMITS, INTERMEDIATE DRIVER'S LICENSES, REGULAR DRIVER'S LICENSES, MOTORCYCLE ENDORSEMENTS, RESTRICTED MOTORCYCLE OPERATOR'S LICENSES, COMMERCIAL DRIVER'S LICENSES AND REINSTATEMENT OF SUSPENDED DRIVER'S LICENSES; TO BRING FORWARD SECTIONS 63-13-1 THROUGH 63-13-29, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR ANNUAL SAFETY INSPECTIONS OF MOTOR VEHICLES AND FOR THE ISSUANCE OF CERTIFICATES OF INSPECTION; TO BRING FORWARD SECTION 63-7-59, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE MOTOR VEHICLE INSPECTION STATIONS CERTAIN LABELS TO TEST WINDOW TINTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-43, Mississippi Code of 1972, is amended as follows:
63-1-43. (1) The fee for receiving the application and issuing the regular driver's or operator's license and the fee for renewing the license shall be:
(a) Thirty-six Dollars ($36.00) plus the applicable photograph fee for each applicant for an eight-year license;
(b) Eighteen Dollars ($18.00) plus the applicable photograph fee for each applicant for a four-year license;
(c) Three Dollars ($3.00) plus the applicable photograph fee for each applicant for a one-year license, except as provided in paragraph (c) of this subsection; and
(d) Eight Dollars ($8.00) plus the applicable photograph fee for a one-year license for each applicant who is not a United States citizen and who does not possess a social security number issued by the United States government.
All originals and renewals of regular operators' licenses shall be in compliance with Section 63-1-47.
(2) The fee for receiving the application and issuing a motorcycle endorsement shall be Five Dollars ($5.00). Motorcycle endorsements shall be valid for the same period of time as the applicant's operator's license.
(3) The fee for receiving the application and issuing a restricted motorcycle operator's license and the fee for renewing such license shall be:
(a) Eleven Dollars ($11.00) plus the applicable photograph fee for a four-year license; and
(b) Eight Dollars ($8.00) plus the applicable photograph fee for a one-year license.
All originals and renewals of restricted motorcycle licenses shall be valid for the same period of time that an original regular driver's license may be issued to such person in compliance with Section 63-1-47.
(4) From and after January 1, 1990, every person who makes application for an original license or a renewal license to operate a vehicle as a common carrier by motor vehicle, taxicab, passenger coach, dray, contract carrier or private commercial carrier as such terms are defined in Section 27-19-3, except for those vehicles for which a Class A, B or C license is required under Article 5 of this chapter, shall, in lieu of the regular driver's license above provided for, apply for and obtain a Class D commercial driver's license. Except as otherwise provided in subsection (5) of this section, the fee for the issuance of a Class D commercial driver's license shall be Twenty-three Dollars ($23.00) plus the applicable photograph fee for a period of four (4) years; however, except as required under Article 5 of this chapter, no driver of a pickup truck shall be required to have a commercial license regardless of the purpose for which the pickup truck is used.
Except as otherwise provided in subsection (5) of this section, all originals and renewals of commercial licenses issued under this section shall be valid for a period of four (4) years, in compliance with Section 63-1-47. Only persons who operate the above-mentioned vehicles in the course of the regular and customary business of the owner shall be required to obtain a Class D commercial operator's license, and persons operating such vehicles for private purposes or in emergencies shall not be required to obtain such license.
(5) The original and each renewal of a commercial driver's license issued under this section to 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 be issued for a period of one (1) year for a fee of Eight Dollars ($8.00) plus the applicable photograph fee and shall expire one (1) year from the date of issuance. Such person may renew a commercial license issued under this section within thirty (30) days of expiration of the license.
(6) The Commissioner of Public Safety, by rule or regulation, shall establish a driver's license 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.
SECTION 2. Section 63-1-47, Mississippi Code of 1972, is amended as follows:
63-1-47. (1) Except as otherwise provided in this section, each applicant for an original license issued pursuant to this article, who is entitled to issuance of same, shall be issued a four-year or eight-year license which will expire at midnight on the licensee's birthday.
(a) Except as otherwise provided in this section, all renewal licenses shall be for four-year or eight-year periods 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) From and after January 1, 1990, no commercial driver's license shall be issued under the provisions of this article for any commercial motor vehicle, the lawful operation of which requires the driver to obtain a Class A, B or C commercial driver's license under Article 5 of this chapter; however, from time to time, the holder of a commercial license may apply for a commercial driver's license under Article 5 of this chapter; and, if he fails to pass the required test for such license, he shall be entitled to an extension of his license that shall be valid for one hundred twenty (120) days or until he again is tested under Article 5 of this chapter, whichever occurs first. The extension shall entitle the license holder to operate all vehicles which such license authorized him to operate prior to taking the required test. The first extension shall be without charge; however, a fee of Fifteen Dollars ($15.00) shall be imposed for any subsequent extension. No extension shall be valid past March 31, 1992.
(2) Any commercial driver's license issued under this article before January 1, 1990, which expires after March 31, 1992, shall be void on April 1, 1992, for the operation of any commercial vehicle requiring a commercial license to be issued under Article 5 of this chapter; however, if the holder of any such license applies for a commercial driver's license under Article 5 of this chapter, passes the required tests for such license, pays all applicable fees under Article 5 of this chapter except the Forty Dollars ($40.00) license fee and otherwise meets all requirements for the issuance of such license, then such person shall be issued a license under Article 5 of this chapter which shall expire on the expiration date of the commercial driver's license being replaced.
(3) The fee for the issuance of an original and renewals of a Class D commercial driver's license under this article to an applicant who is not a United States citizen and who does not possess a social security number issued by the United States government and the period for which such license will be valid and expire shall be as prescribed in Section 63-1-43.
(4) The Commissioner of Public Safety shall notify, by United States mail addressed to the last known address of record with the Department of Public Safety, all holders of a commercial driver's license issued under this article before January 1, 1990, and which expire after March 31, 1992, that such license will be void on and after April 1, 1992, for the operation of any vehicle for which a commercial driver's license is required to be issued under Article 5 of this chapter.
(5) Any person holding a valid commercial driver's license issued under this article before January 1, 1990, shall continue thereafter, until expiration of such license, to be entitled to operate all vehicles which such license authorized him to operate immediately before January 1, 1990, except that from and after April 1, 1992, such license shall not entitle the licensee to operate a commercial motor vehicle the lawful operation of which requires a commercial driver's license under Article 5 of this chapter.
(6) (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 prior to 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 temporary learning 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 temporary learning 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.
(7) Any license issued under this article to 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 expire one (1) year from the date of issuance and may be renewed, if such person is otherwise qualified to renew such 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.
SECTION 3. Section 45-33-57, Mississippi Code of 1972, is brought forward as follows:
45-33-57. (1) The Department of Public Safety may adopt regulations to establish fees to be charged for information requests.
(2) The Department of Public Safety may adopt regulations to establish fees to be charged to registrants for registration, reregistration, and verification or change of address.
SECTION 4. Section 45-35-7, Mississippi Code of 1972, is brought forward 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.
SECTION 5. Section 45-35-9, Mississippi Code of 1972, is brought forward as follows:
45-35-9. (1) If an identification card issued under this chapter is lost, destroyed or mutilated, or a new name is required, the person to whom it was issued may obtain a duplicate by furnishing satisfactory proof of such fact to the department. The same identifying data shall be furnished for a duplicate as for an original card. A fee of Three Dollars ($3.00) plus the applicable photograph fee shall be collected for the first duplicate card issued and a fee of Eight Dollars ($8.00) plus the applicable photograph fee shall be collected for the second and each subsequent duplicate copy. However, whenever a duplicate copy of an identification card is issued only because a new name is required and the previously issued identification card is returned to the department, the fee for the issuance of such duplicate shall be Three Dollars ($3.00) plus the applicable photograph fee, regardless of whether the duplicate is the first, second or subsequent duplicate copy. 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 into a special photograph fee account or into the State General Fund in the same manner as photograph fees collected from the issuance of drivers' licenses under Section 63-1-43.
(2) Any person who loses an identification card and who, after obtaining a duplicate, finds the original card shall promptly surrender the original card to the department.
SECTION 6. Section 63-1-21, Mississippi Code of 1972, is brought forward as follows:
63-1-21. (1) Every applicant for a new or original driver's or operator's license, except persons holding an out-of-state license, shall first obtain a temporary driving permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety and upon the successful completion of the examination provided for in Section 63-1-33 and the payment of the fee for such examination provided for in Section 63-1-43.
(2) A temporary driving permit entitles the holder, provided the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-one (21) years of age and who is actually occupying the seat beside the driver. A temporary driving permit may be issued to any applicant who is at least fifteen (15) years of age. A temporary driving permit shall be valid for a period of one (1) year from the date of issue.
(3) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 11:30 p.m. Friday and Saturday, and allows unsupervised driving any time for a person traveling directly to or from work. At all other times the intermediate licensee must be supervised by a parent, guardian or other person age twenty-one (21) years or older who holds a valid driver's license under this article and who is actually occupying the seat beside the driver.
(4) The fee for issuance of an intermediate license shall be Five Dollars ($5.00).
Except as otherwise provided by Section 63-1-6, every applicant for a restricted motorcycle operator's license or a motorcycle endorsement shall first obtain a temporary motorcycle driving permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety, and upon the successful completion of the examination provided for in Section 63-1-33, and payment of the fee for said examination provided for in Section 63-1-43. All applicants for such temporary permit shall:
(a) Be at least fifteen (15) years of age;
(b) Operate a motorcycle only under the direct supervision of a person at least twenty-one (21) years of age who possesses either a valid driver's or operator's license with a motorcycle endorsement or a valid restricted motorcycle operator's license;
(c) Be prohibited from transporting a passenger on a motorcycle;
(d) Be prohibited from operating a motorcycle upon any controlled access highway; and
(e) Be prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m. Temporary motorcycle driving permits shall be valid for the same period of time and may be renewed upon the same conditions as temporary driving permits issued for vehicles other than motorcycles.
(5) The Department of Public Safety may accept bank credit cards and debit cards in payment of fees for identification card renewals that are processed by electronic means and, if authorized by general law, may charge an additional fee for the use of the credit cards and debit cards.
SECTION 7. Section 63-1-37, Mississippi Code of 1972, is brought forward 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.
SECTION 8. Section 63-1-45, Mississippi Code of 1972, is brought forward as follows:
63-1-45. 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 thereof, signed by the examiner, shall be given to the applicant, and a copy thereof shall be retained by the examiner. The license examiner shall, not later than ten (10) days from the date of an application, transmit the same, together with the fee, to the commissioner. Such 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 herein shall be the only valid and recognized form of receipt for fees paid by applicants, and such receipt shall be sufficient in lieu of the renewed license for a period of sixty (60) days or until such renewed license has been issued to the applicant by the commissioner. There shall be tendered with all applications for a temporary driving permit or temporary motorcycle driving permit, or for the initial issuance of any license issued pursuant to this article, the proper fee required by law, in cash, or by money order, cashier's or certified check. The required fee for issuance of renewal licenses, duplicate licenses or other services, for which a fee is charged, shall be tendered with the application therefor by cash, check or money order. In the event a check for renewal of a license is dishonored for any reason, the person whose license was being renewed by such check shall be notified in writing and be given thirty (30) days after such written notice in which to pay the renewal fee. This shall be done by forwarding a certified check or postal money order in the correct amount to the department. If, at the end of thirty (30) days, such certified check or postal money order has not been received by the department, the commissioner shall cancel that person's license, and, in order for that license to be reinstated, a reinstatement fee of Ten Dollars ($10.00) plus the amount due on the returned check must be received by the department.
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 legislative appropriation solely for the purchase by the Mississippi Highway Safety Patrol of patrol cars, communications equipment and weapons.
SECTION 9. Section 63-1-46, Mississippi Code of 1972, is brought forward as follows:
63-1-46. (1) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued pursuant to 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) 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.
(3) In addition to the fee provided for in subsection (1) of this section, an additional fee of Seventy-five Dollars ($75.00) shall be charged for the reinstatement of a license issued pursuant to 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.
(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.
(5) The procedure for the reinstatement of a license issued pursuant to 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 10. Section 63-1-49, Mississippi Code of 1972, is brought forward as follows:
63-1-49. (1) An expired license issued pursuant to this article may be renewed at any time within twelve (12) months after the expiration date of said license upon application and payment of the required fee, and the payment of a delinquent fee of One Dollar ($1.00), in lieu of a driver examination, unless the holder of the expired license is required to be examined, or unless the department has reason to believe the licensee is no longer qualified to receive a license. If any person shall obtain a new license, his last previous license having been good and valid, except for its lapsing, without his having obtained a renewal within the time required by law, then such reissuance of a license shall constitute a renewal of the previous license and not a new license.
(2) (a) Any person in the armed services of the United States, holding a valid license issued pursuant to this article and being out of state due to military service at the time the license expires, may renew the license by mail or by on-line renewal services or at any time within ninety (90) days after being discharged from such military service or upon returning to the state, without payment of any delinquent fee or examination, unless the department has reason to believe that the licensee is no longer qualified to receive a license. Such person shall make proof by affidavit of the fact of such military service and of the time of discharge or return. The expiration of the license of a military person under the provisions of this paragraph (a) shall not affect the validity of the license, but such license shall continue to be valid and permit such person to operate a motor vehicle for a period of ninety (90) days after he is discharged from military service or returns to the state or until he renews his license, whichever event first occurs.
(b) The provisions of paragraph (a) of this subsection (2) also apply to a dependent of a person in the armed services of the United States who is out of state due to military service if the dependent resides out of state with the armed services member and the license of the dependent expires during his or her absence from the state. The Commissioner of Public Safety may adopt such rules and regulations as may be necessary to implement the provisions of this paragraph.
(3) Any person holding a valid license issued pursuant to this article who is going overseas for two (2) to four (4) years and whose license shall expire during the stay overseas may renew said license for four (4) years prior to leaving. Said person shall make proof by affidavit of the fact of such overseas travel. Such reissuance of a license shall constitute a renewal of the previous license and not a new license.
SECTION 11. Section 63-1-81, Mississippi Code of 1972, is brought forward as follows:
63-1-81. (1) Each application for a commercial driver's license or commercial driver instruction permit shall include the following:
(a) The full name and the current mailing and residential address of the applicant;
(b) A physical description of the applicant, including sex, height, weight, eye and hair color;
(c) The applicant's date of birth;
(d) The applicant's social security number unless the application is for a nonresident commercial driver's license;
(e) The applicant's signature;
(f) The applicant's color photograph;
(g) All certifications required by applicable federal regulations;
(h) Any other information which the Commissioner of Public Safety, by rule or regulation, determines necessary and essential; and
(i) The consent of the applicant to release driving record information.
(2) 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.
(3) The fee for accepting and processing an application for a commercial driver instruction permit shall be Ten Dollars ($10.00).
(4) The fee for accepting and processing an application for a Class A, B or C commercial driver's license shall be Twenty-five Dollars ($25.00).
(5) No person who has been a resident of this state for thirty (30) days may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction. Any violation of this subsection shall be punishable as provided by Section 63-1-69, Mississippi Code of 1972.
(6) Any person who knowingly falsifies information or certifications required under subsection (1) of this section shall be subject to the penalties prescribed in Section 63-1-59, Mississippi Code of 1972, and shall be subject to suspension of his commercial driver's instruction permit or commercial driver's license in accordance with Section 63-1-51, Mississippi Code of 1972.
(7) 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.
(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 a commercial license or renewal of a commercial license under this article 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.
SECTION 12. Section 63-1-82, Mississippi Code of 1972, is brought forward as follows:
63-1-82. (1) Each commercial driver's license shall be marked "Commercial Driver's License" or "CDL" and shall, to the maximum extent practicable, be tamper proof. Each such license shall include thereon, but not be limited to, the following information:
(a) The name and residential address of the licensee;
(b) The licensee's color photograph;
(c) A physical description of the licensee, including his sex, height, weight, eye and hair color;
(d) The licensee's date of birth;
(e) Except for a nonresident commercial driver's license, the licensee's social security number; and any other identifying information which the Commissioner of Public Safety, by rule or regulation, determines necessary and essential for the purposes of complying with the provisions of this article;
(f) The licensee's signature;
(g) The class or type of commercial motor vehicle or vehicles which the licensee is authorized to drive together with any endorsements or restrictions;
(h) The name of this state; and
(i) The dates between which the license is valid.
(2) The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles, including any vehicle for which an operator's license or commercial driver's license issued under Article 1 of this chapter authorizes a person to drive. However, vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license.
(3) Commercial driver's licenses may be issued with the following classifications:
(a) Class A. Any combination of vehicles with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds;
(b) Class B. Any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, and any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds;
(c) Class C. Any single vehicle with a gross vehicle weight rating of less than twenty-six thousand one (26,001) pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand (10,000) pounds comprising:
(i) Vehicles designed to transport sixteen (16) or more passengers, including the driver; and
(ii) Vehicles used in the transportation of hazardous materials which are required to be placarded under the Hazardous Materials Transportation Act, 49 USCS Appx., Section 1801 et seq.; and
(d) Class D. All other vehicles or combination of vehicles which are not included in Class A, Class B or Class C and for which a commercial license is required to be issued as provided by Section 63-1-43, Mississippi Code of 1972.
(4) Commercial driver's licenses may be issued with the following endorsements and restrictions:
(a) "H" authorizes the driver to drive a vehicle transporting hazardous materials;
(b) "K" restricts the driver to vehicles not equipped with air brakes;
(c) "T" authorizes driving double and triple trailers;
(d) "P" authorizes driving vehicles carrying passengers;
(e) "N" authorizes driving tank vehicles;
(f) "X" represents a combination of hazardous materials and tank vehicle endorsements;
(g) "S" authorizes driving school buses operated for the purpose of transporting pupils to and from school or to school-related functions; and
(h) "F" restricts driving which requires a commercial license to intrastate driving only.
(5) Before issuing a commercial driver's license, the Commissioner of Public Safety shall obtain driving record information through the Commercial Driver License Information System.
(6) Within ten (10) days after issuing a commercial driver's license, the Commissioner of Public Safety shall notify the Commercial Driver License Information System of that fact, providing all information required to ensure identification of the person.
(7) The fee charged for the issuance of each original and each renewal of a Class A, B or C commercial driver's license shall be Thirty-eight Dollars ($38.00) plus the applicable photograph fee. In addition, a fee of Five Dollars ($5.00) shall be charged for each endorsement entered on a commercial driver's license under subsection (4) of this section.
(8) If a commercial driver instruction permit or commercial driver's license is lost or destroyed, or if the holder of a commercial driver's license changes his name, mailing address or residence, an application for a duplicate permit or license shall be made as provided by Section 63-1-37, Mississippi Code of 1972.
(9) All commercial driver's licenses issued under the provisions of this article shall be issued for a period of not more than four (4) years and shall expire at midnight on the last day of the licensee's month of birth.
(10) Every person applying for renewal of a commercial driver's license shall complete the application form required by Section 63-1-81, Mississippi Code of 1972, providing updated information and required certifications and paying the appropriate fees. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.
(11) A fee of Thirty-seven Dollars ($37.00), plus actual costs involved in conducting background record checks of applicants before issuing renewal, transfer or upgrade of a commercial driver's license with a hazardous material endorsement for the purpose of determining that the applicant does not pose a security threat warranting denial of such endorsement, shall be charged in addition to all other fees for the issuance of each original and each renewal of a Class A, B or C commercial driver's license. The fees collected under this subsection shall be deposited into a special fund in the State Treasury. Monies in the fund may be expended, upon legislative appropriation, solely for the purpose of paying administrative costs and expenses incurred by the department in performing background checks.
(12) The Commissioner of Public Safety, by rule or regulation, shall establish a driver's license 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.
SECTION 13. Section 63-13-1, Mississippi Code of 1972, is brought forward as follows:
63-13-1. This chapter shall be known and cited as "The Mississippi Motor Vehicle Safety Inspection Law."
SECTION 14. Section 63-13-3, Mississippi Code of 1972, is brought forward as follows:
63-13-3. No person shall drive or move on any highway any motor vehicle, trailer, semitrailer or pole trailer, or any combination thereof, unless the equipment upon any and every said vehicle is in good working order and adjustment as required in this chapter, and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway. This section shall not apply to disabled vehicles being moved to a garage or service station by means of another vehicle, or to farm trailers engaged in farm operations, or to any farm tractor, combine, cotton picker, semitrailer, pole trailer, or other agricultural or farming equipment or machinery, or any combination thereof, used primarily for agricultural purposes, and not normally used on the public highways of the state. Moreover, pulpwood trucks or log trucks used exclusively during daylight hours shall not be required under the provisions of this chapter to have any lights in addition to headlights and taillights.
SECTION 15. Section 63-13-5, Mississippi Code of 1972, is brought forward as follows:
63-13-5. The Commissioner of Public Safety, together with the Governor, Lieutenant Governor, Attorney General, and the Commissioner of Revenue shall constitute the motor vehicle inspection department of this state and as such are hereby authorized to make necessary rules and regulations for the administration and enforcement of this chapter, including therein a reasonable provision for the bonding of the official inspection stations. In any said rules and regulations no specific brand or type of equipment shall be named or designated as inspection equipment, and only standard of performance shall be set; moreover, said rules and regulations shall be so drawn as not to provide a monopoly of one (1) type of equipment but shall provide approval of at least two (2) different brands of competitive equipment.
SECTION 16. Section 63-13-7, Mississippi Code of 1972, is brought forward as follows:
63-13-7. (1) Except as provided in subsection (4) of this section, the Commissioner of Public Safety shall, not more than once each year, require that every motor vehicle, trailer, semitrailer and pole trailer registered in this state be inspected and that an official certificate of inspection and approval be obtained for each such vehicle. Each such vehicle must display at all times a certificate of inspection and approval duly issued for such vehicle upon the lower left-hand corner of the windshield thereof or upon such vehicle in such position as to be visible from the outside.
(2) Except as provided in subsection (4) of this section, every motor vehicle registered in any other state and operated over the highways of this state shall be inspected and shall display an inspection certificate which shall be different either in color or design from the inspection certificates issued for use on state registered vehicles.
However, the Commissioner of Public Safety may authorize the acceptance in this state of a certificate of inspection and approval issued under the authority of a qualified agency or department of another state, provided that every municipality, county and state office in such other state accepts under a mutually acceptable reciprocal agreement, Mississippi's certificate of inspection and approval. The commissioner shall except from the provisions of this chapter all passenger buses and other vehicles certified by the Interstate Commerce Commission and subject to its rules and regulations and its periodical inspections.
(3) The Commissioner of Public Safety shall require all school buses in the State of Mississippi to be inspected during the months of July or August each year and may provide such special certificate of inspection and approval as he may deem necessary.
(4) A motor vehicle manufactured or having a model year earlier than 1961 shall not be required to be inspected or to display a certificate of inspection under the provisions of this chapter.
SECTION 17. Section 63-13-8, Mississippi Code of 1972, is brought forward as follows:
63-13-8. (1) A grace period for obtaining a valid inspection sticker, according to the provisions of Chapter 13, Title 63, Mississippi Code of 1972, shall be granted in the following situations:
(a) Whenever a motor vehicle inspection sticker expires on a legal holiday or on a weekend, the owner of the vehicle involved shall have a grace period of three (3) days in which to obtain a valid inspection sticker.
(b) Whenever a motor vehicle inspection sticker expires while the vehicle is being repaired or restored, the owner of the vehicle involved shall have a grace period of three (3) days in which to obtain a valid inspection sticker. The period of three (3) days shall start to run from the date the owner takes possession of the vehicle after said expiration date.
(2) If the operator of a vehicle charged with a violation of this chapter for failure to have a valid vehicle inspection sticker presents to the court on or before the hearing date or the date of payment of the fine a receipt or other proof sufficient to show that the vehicle has been inspected and a valid inspection sticker issued for the vehicle, no fine, fee, penalty, assessment or court costs shall be imposed and the charge shall be dismissed.
SECTION 18. Section 63-13-9, Mississippi Code of 1972, is brought forward as follows:
63-13-9. Such inspections shall be made of every such vehicle, and such certificates shall be obtained with respect to the mechanism, lights, tires, brakes and equipment, including a test to determine the luminous reflectance and light transmittance of the windows of vehicles that have been tinted or darkened after factory delivery, as shall be designated by the motor vehicle inspection department by rules and regulations.
No vehicle equipped with a liquefied petroleum or natural gas carburetion system may be issued a certificate under this chapter unless the vehicle shall have first been inspected and approved by an inspector or qualified installer authorized by the State Liquefied Compressed Gas Board to inspect and approve the installation of such systems, and unless such approval is exhibited to the person making the actual inspection under this chapter.
The Commissioner of Public Safety may suspend the registration of any vehicle which he determines is in such unsafe condition as to constitute a menace to safety and which, after notice and demand, is not equipped as required in this chapter and for which a required certificate has not been obtained.
SECTION 19. Section 63-13-11, Mississippi Code of 1972, is brought forward as follows:
63-13-11. A fee of Five Dollars ($5.00) shall be charged for an inspection and issuance of a certificate of inspection for vehicles registered in this state. A fee of Ten Dollars ($10.00) shall be charged for an inspection and issuance of a certificate of inspection for vehicles registered in another state unless a reciprocal agreement, as provided for in Section 63-13-7 has been approved, in which event no Mississippi certificate of inspection shall be required. The fee for state registered vehicles shall include a charge of Two Dollars ($2.00) per certificate of inspection, which shall be remitted to the Mississippi Department of Public Safety. The fee for motor vehicles registered in another state includes a charge of Nine Dollars ($9.00) per certificate of inspection, which shall be remitted to the Department of Public Safety. The funds so received by the department shall be deposited in the General Fund of the State Treasury in accordance with the provisions of Section 45-1-23(2). The portion of the fee which is not remitted to the department may be retained by the official inspection stations.
SECTION 20. Section 63-13-13, Mississippi Code of 1972, is brought forward as follows:
63-13-13. No person shall make, issue or knowingly use any imitation or counterfeit of an official certificate of inspection.
No person shall display or cause or permit to be displayed upon any vehicle any certificate of inspection and approval knowing the same to be fictitious or issued for another vehicle or issued without an inspection having been made.
SECTION 21. Section 63-13-15, Mississippi Code of 1972, is brought forward as follows:
63-13-15. (1) The Commissioner of Public Safety shall annually issue permits for and furnish instructions and all necessary forms to official inspection stations for the inspection of vehicles as required by this chapter in the issuance of official certificates of inspection and approval.
(2) Application for permit shall be made on an official form and shall be granted only when the Commissioner of Public Safety is satisfied that the station is properly equipped and has competent personnel to make such inspections and that such inspections will be properly conducted. A fee of Ten Dollars ($10.00) shall be charged any person or facility seeking a permit as an official inspection station, or a renewal thereof, for the purpose of defraying the cost of administering the processing of the application.
(3) The person making the actual inspection for the station or under whose immediate personal supervision such inspection is made shall have not less than one (1) year's practical experience as an automotive mechanic. No person shall be designated by such station to make such inspections for it unless the person has been approved for that purpose by the Department of Public Safety.
(4) The Commissioner of Public Safety shall properly supervise and cause inspections to be made of such stations and may, after reasonable notice, suspend or revoke and require the surrender of the permit issued to a station which he finds is not properly equipped or conducted. The Commissioner of Public Safety shall maintain and post at the office of the Department of Public Safety lists of all stations holding permits and of those whose permits have been suspended or revoked.
SECTION 22. Section 63-13-17, Mississippi Code of 1972, is brought forward as follows:
63-13-17. No person shall in any manner represent any place as an official inspection station unless such station is duly licensed as provided in this chapter.
No person or persons other than those described in Section 63-13-15 shall issue an official certificate of inspection and approval.
SECTION 23. Section 63-13-19, Mississippi Code of 1972, is brought forward as follows:
63-13-19. (1) Every licensed new and used car and/or truck dealer doing business in this state shall inspect or have inspected every new and used vehicle sold by such dealer in the manner prescribed by Section 63-13-9, and shall affix an official dealer's inspection certificate, which shall be furnished by the Commissioner of Public Safety, to each new and used vehicle, if such dealer is authorized to make inspections. If such dealer is not so authorized, such dealer shall have such vehicle inspected by an authorized inspection station. No new or used vehicle shall be sold that does not have a properly affixed and current inspection certificate. Such certificates shall be valid until the next official inspection is required.
(2) The Commissioner of Public Safety may suspend or revoke, for any reasonable time not to exceed one (1) year, the privilege of any dealer to make such an inspection and affix such dealer's inspection certificate to his vehicle upon abuse of any dealer of this right.
(3) No person or persons other than those described in this section shall issue a dealer's certificate of inspection and approval.
SECTION 24. Section 63-13-21, Mississippi Code of 1972, is brought forward as follows:
63-13-21. (1) Members of the Mississippi Highway Safety Patrol may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be reasonably appropriate. No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by a member of the Mississippi Highway Safety Patrol.
Such authority, however, shall be limited to the inspection of said vehicle for mechanical defects and shall not authorize the search of the vehicle or the occupants thereof for any other purpose without due process of law. Evidence of the commission of an unlawful act, procured by such inspection and such test, shall not be admissible in any criminal prosecution except such as may be provided for in this chapter.
(2) In the event such vehicle is found to be in unsafe condition, or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment, specifying the particulars with reference thereto, and that a certificate of inspection and approval be obtained within five (5) days.
SECTION 25. Section 63-13-23, Mississippi Code of 1972, is brought forward as follows:
63-13-23. (1) Every owner or driver, upon receiving a notice as provided in Section 63-13-21, shall comply therewith and shall, within five (5) days, secure an official certificate of inspection and approval which shall be issued in duplicate, one (1) copy to be retained by the owner or driver and the other copy to be forwarded to the department. In lieu of compliance with the provisions of this subsection, the vehicle shall not be operated, except as provided in the next succeeding subsection, and each day upon which such motor vehicle, trailer, semitrailer or pole trailer, or any combination thereof is operated over any highway of this state after failure to comply with this subsection shall constitute a separate offense.
(2) No person shall operate any vehicle after receiving a notice with reference thereto as provided in Section 63-13-21, except as may be necessary to return such vehicle to the residence or place of business of the owner or driver, if within a distance of twenty (20) miles, or to take such vehicle to a garage or service station in the nearest town in which there is an open and operating inspection station, until such vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this chapter.
(3) In the event repair or adjustment of any vehicle or its equipment is found necessary upon inspection, the owner of said vehicle may obtain such repair or adjustment at any place he may choose. However, in every event an official certificate of inspection and approval must be obtained, otherwise such vehicle shall not be operated upon the highways of this state.
(4) Any person who wishes to make his own repairs may do so. He may not be charged twice for both inspection and repairs.
SECTION 26. Section 63-13-25, Mississippi Code of 1972, is brought forward as follows:
63-13-25. The inspection of any vehicle under the provisions of this chapter and the issuance of an official certificate of such inspection therefor shall not be construed in any court as a warranty of the mechanical condition of the vehicle inspected. The failure to discover any defect in any such vehicle in the course of an inspection under the provisions of this chapter shall not be made the basis of an action for damages in any court.
SECTION 27. Section 63-13-27, Mississippi Code of 1972, is brought forward as follows:
63-13-27. For the purpose of administering this chapter, the Commissioner of Public Safety may hire necessary and qualified personnel and purchase the necessary equipment and vehicles out of funds appropriated therefor by the Legislature.
SECTION 28. Section 63-13-29, Mississippi Code of 1972, is brought forward as follows:
63-13-29. Any person violating the provisions of this chapter shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not more than Fifty Dollars ($50.00) or sentenced to not more than six (6) months in the county jail, or both.
SECTION 29. Section 63-7-59, Mississippi Code of 1972, is brought forward as follows:
63-7-59. (1) No person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any sign or poster, or with any glazing material which causes a mirrored effect, upon the front windshield, side wings or side or rear windows of such vehicle, other than a certificate or other paper required or authorized to be so displayed by law. No person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any tinted film, glazing material or darkening material of any kind on the windshield of a motor vehicle except material designed to replace or provide a sun shield in the uppermost area as authorized to be installed by manufacturers of vehicles under federal law.
(2) From and after July 1, 2006, no person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any window tinted or darkened, by tinted film or otherwise, unless:
(a) The windshield of the vehicle has affixed to it a label as provided under subsection (6) of this section certifying that all the windows of the vehicle have a light transmittance of twenty-eight percent (28%) or more; or
(b) The owner or operator of the vehicle has a certificate of medical exemption issued under subsection (4) of this section.
(3) The prohibitions of subsection (2) of this section shall not apply to (a) school buses, other buses used for public transportation, any bus or van owned or leased by a nonprofit organization duly incorporated under the laws of this state or any funeral home services vehicle, any limousine owned or leased by a private or public entity, or any law enforcement vehicle; (b) any window behind the front two (2) side windows, including the rear window, of any pickup truck, van, motor home, recreational vehicle, sport utility vehicle or multipurpose vehicle that has been tinted or darkened after factory delivery to the extent that the light transmittance of the window meets the minimum light transmittance requirements authorized to be installed for that window and for that vehicle under federal law or regulations before factory delivery; or (c) any other motor vehicle the windows of which have been tinted or darkened before factory delivery as permitted by federal law or federal regulations.
(4) Notwithstanding the provisions of subsection (2) of this section, it shall be lawful for any person who has been diagnosed by a licensed physician in this state as having a physical condition or disease which is seriously aggravated by minimum exposure to sunlight to place or have placed upon the windshield or windows of any motor vehicle which he owns or operates or within which he regularly travels as a passenger tinted film or other darkening material which would otherwise be in violation of this section. However, any such vehicle, in order to be exempt under this subsection, shall have prominently displayed on the vehicle dashboard a certificate of medical exemption on a form prepared by the Commissioner of Public Safety and signed by the person on whose behalf the certificate is issued. The special certificate authorized by this subsection (4) shall be issued free of charge to the applicants through the offices of the tax collectors of the counties. Each applicant shall present to the issuing official (a) an affidavit signed personally by the applicant and signed and attested by a physician which states the applicant's physical condition or disease which entitles him to an exemption under this subsection, and (b) proof of ownership of the motor vehicle by the applicant, or a signed affidavit by the owner of a motor vehicle operated for the use of the applicant, for which he is obtaining the certificate.
(5) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
(6) The Department of Public Safety shall issue labels to official motor vehicle inspection stations for affixing to the windshield of every motor vehicle required to be inspected in this state with a window therein which has been tinted or darkened with any tinted film or other darkening material after factory delivery. The label shall be affixed to the lower left corner of the windshield directly above the certificate of inspection, shall be legible from outside the vehicle, and shall indicate the label registration number, a certification of compliance with Mississippi law, and such other information as the Commissioner of Public Safety deems appropriate. The labels shall be of a type which is pressure-sensitive, self-destructive upon removal, and no larger than one (1) inch square in size. Before affixing the label, the inspection station shall conduct a test to determine that the window complies with the light transmittance requirements prescribed under subsection (2) of this section. The test shall be conducted using such methods or devices as may be approved and certified not less often than annually by the Department of Public Safety. An inspection station shall not be required by the department to enter into a bond separate and apart from any bond required for official inspection stations as provided under Section 63-13-5, but the bond required under Section 63-13-5 shall be considered entirely sufficient for the purposes of this section. For conducting such tests, motor vehicle inspection stations shall charge and collect a fee of Five Dollars ($5.00). Two Dollars ($2.00) of such fee shall be retained by the inspection station, and Three Dollars ($3.00) of the fee shall be remitted to the Department of Public Safety and may be expended, upon legislative appropriation, for the operational expenses of the department. No fee shall be charged unless a test is actually performed under this subsection and no inspection station shall be required to perform a test to determine if the windows of a motor vehicle have been tinted or darkened with any tinted film or other darkening material after factory delivery so long as the inspection station does not issue a motor vehicle inspection certificate for any such vehicle. The presence of such label upon the windshield of a motor vehicle shall indicate that the person who affixed the label certifies that the windows of the vehicle meet the restrictions of subsection (2) of this section as to light transmittance.
(7) No person shall install any tinted film, darkening material, glazing material or any other material upon the windshield or any window of a motor vehicle which, after the installation thereof, would result in such vehicle being in violation of subsection (2) of this section.
(8) No motor vehicle inspection certificate shall be issued for a vehicle on which the windshield or any window of the vehicle has been darkened by the installation of tinted film or by other means, except as authorized under this section. Inspection certificates may be issued for motor vehicles which have labels affixed pursuant to subsection (6) of this section and for motor vehicles for which a certificate of medical exemption has been issued pursuant to subsection (4) of this section.
(9) It shall be unlawful for any person to alter or reproduce any label or certificate of medical exemption approved by the Commissioner of Public Safety under this section for the purpose of misleading law enforcement officers or motor vehicle inspection stations, or to knowingly use any approved label or certificate except as authorized by this section.
(10) Any person violating subsection (7), (8) or (9) of this section, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or imprisonment in the county jail for not more than three (3) months, or by both such fine and imprisonment.
(11) Any violation of this section other than a violation of subsection (7), (8) or (9) of this section shall be punishable upon conviction as provided in Section 63-7-7.
(12) Violations of this section shall be enforced only by law enforcement officers of the Mississippi Department of Public Safety and municipal law enforcement officers of municipalities having a population of two thousand (2,000) or more on the public roads, streets and highways under their jurisdiction.
(13) The Department of Public Safety shall initiate a public awareness program designed to inform and educate persons of the provisions of this section. Funds for such public awareness program shall be available through the office of the Governor's representative for highway safety programs.
SECTION 30. This act shall take effect and be in force from and after July 1, 2010.
