MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Highways and Transportation; Appropriations
By: Senator(s) Fillingane, Frazier, Suber, Parker, Carter, England, Hill, McLendon, Wiggins, Branning, McCaughn, Tate, Thompson, Witherspoon, Blackwell, McMahan, Jackson (11th), Jackson (32nd)
AN ACT TO AMEND SECTION 63-1-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DIRECTOR OF THE DRIVER SERVICES DIVISION, DIRECTOR OF THE DRIVER LICENSE EXAMINING BUREAU AND SUPERVISING EXAMINERS MUST MEET QUALIFICATIONS SET BY THE STATE PERSONNEL BOARD FOR THE POSITION; TO PROHIBIT ACTIVE-SERVICE HIGHWAY PATROL OFFICERS FROM SERVING IN ANY POSITION IN THE DRIVER LICENSE EXAMINING BUREAU; TO AMEND SECTION 63-1-16, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AT EACH DRIVER'S LICENSE LOCATION IN THE STATE, THERE SHALL BE LOCATION SIGNS PROMINENTLY DISPLAYED PROVIDING FOR REQUIRED INFORMATION FOR THE VARIOUS LICENSES, CARDS AND OTHER SERVICES; TO PROVIDE THAT ON THE DRIVER SERVICES DIVISION'S WEBSITE, THERE SHALL BE TUTORIAL VIDEOS LINKED TO ONLINE PROCEDURES TO HELP CLEARLY ILLUSTRATE HOW TO USE THE WEBSITE; TO AMEND SECTION 63-1-33, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ACCEPT THE CERTIFICATION OF SUCCESSFUL COMPLETION OF AN INDIVIDUAL'S TRAINING IN THE KNOWLEDGE AND SKILLS NEEDED FOR THE PROPER AND SAFE OPERATION OF A MOTOR VEHICLE FROM A DRIVER EDUCATION AND TRAINING PROGRAM AT A SECONDARY SCHOOL THAT MEETS THE STANDARDS OF THE STATE BOARD OF EDUCATION, IN LIEU OF THE DEPARTMENT ADMINISTERING THE EXAMINATION OF THE INDIVIDUAL FOR THE PURPOSE OF OBTAINING A DRIVER'S LICENSE; TO SPECIFY WHO MAY BE EMPLOYED AS INSTRUCTORS IN SUCH SECONDARY SCHOOL PROGRAMS; TO AMEND SECTION 63-1-47, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO EMAIL AND TEXT NOTIFICATION OF THE UPCOMING EXPIRATION OF A DRIVER'S LICENSE AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION DATE; TO AMEND SECTION 63-1-43, MISSISSIPPI CODE OF 1972, TO PROVIDE A $10.00 DISCOUNT TO CERTAIN APPLICANTS WHO DO NOT RECEIVE THEIR LICENSES WITHIN TWO AND A HALF HOURS OF REPORTING TO THE LICENSE STATION, PROVIDED THEY HAVE BROUGHT ALL REQUIRED DOCUMENTATION; TO AMEND SECTION 63-1-208, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO AUTHORIZE CERTAIN THIRD PARTIES TO ADMINISTER THE KNOWLEDGE AND SKILLS TEST REQUIRED FOR A COMMERCIAL DRIVER'S LICENSE, SUBJECT TO THE OVERSIGHT OF THE MISSISSIPPI SECRETARY OF STATE; TO AMEND SECTION 63-1-211, MISSISSIPPI CODE OF 1972, TO ALLOW ONLINE APPLICATION FOR RENEWAL OF COMMERCIAL DRIVER'S LICENSES UNDER CERTAIN CIRCUMSTANCES; TO BRING FORWARD SECTIONS 45-35-3 AND 63-1-35, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 45-33-25, 45-33-27, 45-33-29, 45-33-31, 45-33-33 AND 45-33-35, MISSISSIPPI CODE OF 1972, TO CHANGE THE LOCATION FOR MANDATORY PERSONAL APPEARANCES OF REGISTERED SEX OFFENDERS FROM THE DRIVER'S LICENSE STATION TO A FACILITY DESIGNATED BY THE DEPARTMENT OF PUBLIC SAFETY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-13, Mississippi Code of 1972, is amended as follows:
63-1-13. The commissioner is hereby authorized and empowered to appoint a Director of the Driver Services Division who is a qualified elector of the State of Mississippi and who meets the qualifications set by the State Personnel Board for the position. Such director shall execute and furnish a bond in the amount of Ten Thousand Dollars ($10,000.00) with a surety company authorized to do business in this state. The bond shall be conditioned on the faithful performance of his duties and be subject to the approval of the commissioner. The director shall have control and supervision of the Driver Services Division and shall be answerable to the commissioner in the performance of his duties.
The commissioner shall
employ such other technical, professional and clerical assistants as may be
needed to conduct the work of the division. The commissioner is also
authorized to employ a Director of the Driver License Examining Bureau, who
meets the qualifications set by the State Personnel Board for the position,
and the necessary supervising examiners, who meet the qualifications set
by the State Personnel Board for the position, to assist the Director of
the Driver License Examining Bureau in the supervision of the license
personnel. The commissioner is also authorized to employ the necessary
additional personnel to serve and be designated as "license
examiners." * * * The
commissioner shall employ such * * * technical, professional and clerical
assistants as may be needed to conduct the work of the bureau. However, the
commissioner shall not employ an active-service Highway Patrol officer to serve
in any position in the bureau.
SECTION 2. Section 63-1-16, Mississippi Code of 1972, is amended as follows:
63-1-16. (1) The Department of Public Safety shall, upon request of the board of supervisors, furnish either a permanent driver's license kiosk or a license examiner at a location in each county seat for at least one (1) day every month to conduct licensing examinations, road tests and renewals. It is the option of the board of supervisors so requesting to choose either the permanent driver's license kiosk or a license examiner. The county shall furnish the office, heating and cooling, phone service and Internet connectivity at the location for the kiosk or license examiner.
(2) At each driver's license location in the state, there shall be location signs prominently displayed providing for required information for the various licenses, cards and other services.
(3) On the Driver Services Division's website, there shall be tutorial videos linked to online procedures to help clearly illustrate how to use the website.
SECTION 3. Section 63-1-33, Mississippi Code of 1972, is amended as follows:
63-1-33. (1) Except as otherwise provided under subsection (6) of this section, it shall be the duty of the license examiner, when application is made for an operator's license or regular learner's permit, to test the applicant's ability to read and understand road signs and to give the required signals as adopted by the National Advisory Committee on Uniform Traffic Control Devices and the American Association of Motor Vehicle Administrators.
(2) Except as otherwise provided under subsection (6) of this section, the commissioner shall have prepared and administer a test composed of at least ten (10) questions relating to the safe operation of a motor vehicle and testing the applicant's knowledge of the proper operation of a motor vehicle. Every examination shall ensure adequate knowledge on the part of the applicant as to school bus safety requirements.
(3) Prior to the administration of the test, the license examiner shall inspect the horn, lights, brakes, vehicle registration and proof of liability coverage of the motor vehicle which the applicant expects to operate while being tested, and if he finds that any of the aforementioned items are deficient, no license or endorsement shall be issued to the applicant until same have been repaired.
(4) An applicant for a Mississippi driver's license who, at the time of application, holds a valid motor vehicle driver's license issued by another state shall not be required to take a written test.
(5) Except as otherwise provided by Section 63-1-6, when application is made for an original motorcycle endorsement, the applicant shall be required to pass a written test which consists of questions relating to the safe operation of a motorcycle and a skill test similar to the "Motorcycle Operator Skill Test," which is endorsed by the American Association of Motor Vehicle Administrators. The commissioner may exempt any applicant from the skill test if the applicant presents a certificate showing successful completion of a course approved by the commissioner, which includes a similar examination of skills needed in the safe operation of a motorcycle.
(6) The Department of
Public Safety * * *
shall accept the certification of successful completion of an
individual's training in the knowledge and skills needed for the proper and
safe operation of a motor vehicle from a driver education and training program
at a secondary school that meets the standards of the * * * State Board of Education, in
lieu of the department administering the examination of the individual for the
purpose of obtaining a driver's license. The school may employ teachers
duly certified by the Department of Education to teach in such a program. In
addition, off-duty members of the Mississippi Highway Safety Patrol shall be
authorized to teach in such a program without having to obtain a teaching
certificate from the Department of Education. Instructors will be considered
employees of the school, not of the Driver License Examining Bureau. The
commissioner and the State Board of Education shall jointly promulgate rules
and regulations for the administration of this subsection.
SECTION 4. Section 63-1-47, Mississippi Code of 1972, is amended 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 * * * ignition-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.
(5) For any driver's license issued under this chapter, the Department of Public Safety shall send an email and text message notification of an upcoming driver's license expiration date to the known emails and phone numbers authorized by license holders for such notices not less than thirty (30) days before the expiration date of that license.
SECTION 5. Section 63-1-43, Mississippi Code of 1972, is amended 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.
(d) For any original or renewal license for which the fee is greater than Ten Dollars ($10.00), if the applicant brings all required documentation but does not receive his or her license within two and one-half (2-1/2) hours of reporting to the license station, Ten Dollars ($10.00) shall be deducted from the total amount owed for the license.
(2) All originals and renewals of operators' licenses shall be in compliance with Section 63-1-47.
SECTION 6. Section 63-1-208, Mississippi Code of 1972, is amended as follows:
63-1-208. (1) Except as otherwise provided, the commissioner shall not issue a commercial driver's license and commercial learner's permit to any person under the age of twenty-one (21) years.
(2) No person may be issued a commercial driver's license unless that person is domiciled in this state and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 CFR, Part 383, subparts F, G and H and has satisfied all other requirements of Title XII of Public Law 99-570 in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the commissioner. If the applicant wishes to have a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed. In addition, the applicant must successfully complete the security threat assessment required by 49 CFR, Part 1572.
(3) (a) Any person who
has been certified to provide commercial driver's license testing by the
International Driver Examiner Certification (IDEC) program administered by the
American Association of Motor Vehicle Administrators (AAMVA) shall, for
purposes of this section, be defined as a certified third party examiner
(CTPE). Testing by a CTPE shall be under the oversight of the Mississippi
Secretary of State for monitoring and quality control. In addition, the * * * Secretary of State shall
authorize * * *
any person, including an agency of this or another state, an employer, a
private driver training facility, or other private institution, or a
department, agency or instrumentality of local government, to administer the knowledge
and skills test specified by this section, provided:
( * * *i) The test is the same as would
otherwise be administered by the state; and
( * * *ii) Either: 1. The third party
has entered into an agreement with this state which complies with requirements
of 49 CFR, Part 383.75 * * *;
or
2. The person performing the test is a CTPE as defined in this subsection.
(b) A CTPE performing testing under this section shall not be liable for any claim sounding in tort arising out of such testing.
(4) A skills test may be waived as follows:
(a) The commissioner, by rules adopted pursuant to the Mississippi Administrative Procedures Law, shall provide for a waiver of the skills test specified in this section for a commercial driver's license applicant who meets the requirements of 49 CFR, Part 383.77;
(b) The rules may establish deadlines by which applicants must claim entitlement and qualification to skills test waivers and may provide for the scheduling of group knowledge testing;
(c) The commissioner shall adopt rules and regulations to carry out the provisions of this subsection (4) as soon as practicable after July 1, 2017, but in any case no later than July 1, 2018.
(5) A commercial learner's permit shall be issued as follows:
(a) A commercial learner's permit may be issued to an individual who holds a valid Mississippi driver's license who has passed the vision and written tests required for the class of license authorizing the operation of the type of vehicle for which the permit application is being made;
(b) The commercial learner's permit shall be issued for a period of six (6) months for the fee prescribed in Section 63-1-43. Only one (1) renewal or reissuance may be granted within a two-year period. The holder of a commercial learner's permit may, unless otherwise disqualified, drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
(6) A commercial driver's license or commercial learner's permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked or cancelled in any state. A driver's license may not be issued to a person who has a commercial driver's license issued by any state unless the person first surrenders all driver's licenses issued by any state, which licenses shall be returned to the issuing states for cancellation.
(7) A person shall be entitled to take the test for a commercial driver's license unless the person's driver's license is, at the time of the requested test, suspended, revoked, cancelled or disqualified in any other state.
(8) Notwithstanding any requirement imposed by state law or state or federal regulations restricting the issuance of a commercial driver's license to a person suffering from diabetes, a person suffering from diabetes may be issued a commercial driver's license if the person otherwise meets all qualifications for issuance provided:
(a) The driver is physically examined every year, including an examination by a board-certified/eligible endocrinologist attesting to the fact that the driver is:
(i) Free of insulin reactions (an individual is free of insulin reactions if that individual does not have severe hypoglycemia or hypoglycemia unawareness, and has less than one (1) documented, symptomatic hypoglycemic reaction per month);
(ii) Able to and has demonstrated willingness to properly monitor and manage the person's diabetes; and
(iii) Not likely to suffer any diminution in driving ability due to the person's diabetic condition.
(b) The driver agrees to and complies with the following conditions:
(i) A source of rapidly absorbable glucose shall be carried at all times while driving;
(ii) Blood glucose levels shall be self-monitored one (1) hour prior to driving and at least once every four (4) hours while driving or on duty prior to driving using a portable glucose monitoring device equipped with a computerized memory;
(iii) Submit blood glucose logs to the endocrinologist or medical examiner at the annual examination or when otherwise directed by the Department of Public Safety;
(iv) Provide a copy of the endocrinologist's report to the medical examiner at the time of the annual medical examination; and
(v) Provide a copy of the annual medical certification to the person's employer for retention in the driver's qualification file and retain a copy of the certification on his person while driving for presentation to a duly authorized federal, state or local enforcement official.
(c) The commercial license issued under this subsection (8) will bear an endorsement restricting commercial driving on the license to driving only within the boundaries of Mississippi.
(9) The fees for all licenses, permits, renewals and endorsements shall be as prescribed in Section 63-1-43.
SECTION 7. Section 63-1-211, Mississippi Code of 1972, is amended as follows:
63-1-211. (1) Contents of license. A commercial driver's license shall be marked "commercial driver's license" or "CDL," and shall be, to the maximum extent practicable, tamper proof, and shall include, but not be limited to, the following information:
(a) The name and residential address of the person.
(b) The person's color photograph or imaged likeness.
(c) A physical description of the person including sex, height, and weight.
(d) Date of birth.
(e) Any number or identifier deemed appropriate by the commissioner.
(f) The person's signature.
(g) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions.
(h) The name of this state.
(i) The dates between which the license is valid.
(2) Classifications, endorsements and restrictions. Driver's licenses may be issued with the following classifications, endorsements, and restrictions:
(a) Classifications. Licensees may drive all vehicles in the class for which the license is issued and all lesser classes of vehicles, except those requiring special endorsements.
(i) 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 being towed is in excess of ten thousand (10,000) pounds.
(ii) 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.
(iii) Class C - Any single vehicle with a gross vehicle weight rating of less than twenty-six thousand one (26,001) pounds:
1. Vehicles designed to transport sixteen (16) or more passengers, including the driver; and
2. Vehicles used in the transportation of hazardous materials as defined in Section 63-1-203.
(iv) Class D - Class D licenses are not commercial driver's licenses and shall be governed by the provisions of Section 63-1-5.
(b) Licenses may be issued with appropriate endorsements and restrictions noted thereon. The commissioner shall determine the manner of notation. Endorsements and restrictions may include, but are not limited to, those which:
(i) Authorize a driver to drive a vehicle transporting hazardous materials;
(ii) Restrict the driver to vehicles not equipped with air brakes when the person either fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes;
(iii) Authorize driving motorcycles that are not autocycles as defined in Section 63-3-103;
(iv) Authorize driving tank vehicles;
(v) Authorize driving vehicles carrying passengers;
(vi) Authorize driving school buses;
(vii) Authorize driving double trailers;
(viii) Restrict the driver to operation solely within this state. A commercial driver's license or commercial learner's permit with this restriction may be issued to any person who has attained the age of eighteen (18) years.
(3) Before issuing a commercial driver's license, the commissioner shall request the applicant's complete operating record from any state in which the applicant was previously licensed to operate any type of motor vehicle in the past ten (10) years, conduct a check of the applicant's operating record by querying the national driver register, established under 49 USCS Section 30302, and the Commercial Driver's License Information System, established under 49 USCS Section 31309, to determine if:
(a) The applicant has already been issued a commercial driver's license; and the applicant's commercial driver's license has been suspended, revoked, or canceled;
(b) The applicant had been convicted of any offenses contained in Section 205(a)(3) of the National Driver Register Act of 1982 (23 USCS Section 401 note).
(4) Within ten (10) days after issuing a commercial driver's license, the commissioner shall notify the Commercial Driver License Information System of that fact, providing all information required to ensure identification of the person.
(5) The commercial driver's license shall expire in the manner set forth in Section 63-1-47.
(6) (a) When applying for renewal of a commercial driver's license, the applicant shall complete the application form required by Section 63-1-210, providing updated information and required certifications. The department must provide for online submission of the application for renewal if paragraph (b) of this subsection (6) does not apply.
(b) If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed. In addition, the applicant must successfully complete the security threat assessment required by 49 CFR, Part 1572. If notice is received from the United States Transportation Security Administration that the applicant poses a security risk, the commissioner shall refuse to issue, or revoke within fifteen (15) days of receipt of the notice, a hazardous materials endorsement. Online renewal does not apply to this paragraph (b).
(7) The department shall provide a means for electronic transmission of a medical card and may charge a vendor convenience fee in an amount not to exceed Two Dollars and Fifty Cents ($2.50) per transmission.
SECTION 8. Section 45-35-3, Mississippi Code of 1972, is brought forward as follows:
45-35-3. (1) Any person six (6) years of age or older may be issued an identification card by the department which is certified by the registrant and attested by the commissioner as to true name, correct age and such other identifying data as required by Section 45-35-5.
(2) The new, renewal or duplicate identification card of a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the cardholder as a sex offender.
(3) The commissioner is authorized to provide the new, renewal or duplicate identification card to any honorably discharged veteran as defined in Title 38 of the United States Code, and such identification card shall exhibit the letters "Vet" or any other mark identifying the person as a veteran. The veteran requesting the "Vet" designation shall present his DD-214 or equivalent document that includes a notation from the state Veterans Affairs Board that the applicant is a veteran.
SECTION 9. Section 63-1-35, Mississippi Code of 1972, is brought forward as follows:
63-1-35. (1) The Commissioner of Public Safety shall prescribe the form of license issued pursuant to this article which shall, among other features, include a driver's license number assigned by the Department of Public Safety. A licensee shall list his social security number with the department which shall cross reference the social security number with the driver's license number for purposes of identification. Additionally, each license shall bear a full-face color photograph of the licensee in such form that the license and the photograph cannot be separated. The photograph shall be taken so that one (1) exposure will photograph the applicant and the application simultaneously on the same film. The department shall use a process in the issuance of a license with a color photograph that shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of the license or the superimposition of a photograph without ready detection. The photograph shall be replaced by the department at the time of renewal. Drivers' licenses, including photographs appearing thereon, may be renewed by electronic means according to rules and regulations promulgated by the commissioner in conformity to Section 27-104-33.
(2) The commissioner shall prescribe the form of license issued pursuant to this article to licensees who are not United States citizens and who do not possess a social security number issued by the United States government. The license of such persons shall include a number and/or other identifying features.
(3) Any new, renewal or duplicate driver's license, temporary driving permit, intermediate license or commercial driver's license issued to a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the licensee or permittee as a sex offender.
(4) The commissioner is authorized to provide the new, renewal or duplicate driver's license, temporary driving permit, intermediate license or commercial driver's license to any honorably discharged veteran as defined in Title 38 of the United States Code, and such license or permit shall exhibit the letters "Vet" or any other mark identifying the person as a veteran. The veteran requesting the "Vet" designation shall present his DD-214 or equivalent document that includes a notation from the state Veterans Affairs Board that the applicant is a veteran.
SECTION 10. Section 45-33-25, Mississippi Code of 1972, is amended as follows:
45-33-25. (1) (a) Any person having a permanent or temporary residence in this state or who is employed or attending school in this state who has been convicted of a registrable offense in this state or another jurisdiction or who has been acquitted by reason of insanity of a registrable offense in this state or another jurisdiction shall register with the responsible agency and the Mississippi Department of Public Safety. Registration shall not be required for an offense that is not a registrable sex offense or for an offender who is under fourteen (14) years of age. The department shall provide the initial registration information as well as every change of name, change of address, change of status at a school, or other change of information as required by the department to the sheriff of the county of the residence address of the registrant, the sheriff of the county of the employment address, and the sheriff of the county of the school address, if applicable, and any other jurisdiction of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.
(b) Any person having
a permanent or temporary residence or who is employed or attending school in
this state who has been adjudicated delinquent for a registrable sex offense
listed in this paragraph that involved use of force against the victim shall
register as a sex offender with the responsible agency and shall personally
appear at a facility designated by the Mississippi Department of Public
Safety * * * within three (3) business days of registering with
the responsible agency:
(i) Section 97-3-71 relating to rape and assault with intent to ravish;
(ii) Section 97-3-95 relating to sexual battery;
(iii) Section 97-3-65 relating to statutory rape; or
(iv) Conspiracy to commit, accessory to the commission of, or attempt to commit any offense listed in this paragraph.
(2) Any person required to register under this chapter shall submit the following information at the time of registration:
(a) Name, including a former name which has been legally changed;
(b) Street address of all current permanent and temporary residences within state or out of state at which the sex offender resides or habitually lives, including dates of temporary lodgings. There is a presumption that a registrant owes a duty of updating registration information if:
(i) The registrant remains away from a registered address for seven (7) or more consecutive days; or
(ii) If the registrant remains at another address between the hours of 10:00 p.m. and 6:00 a.m. for more than seven (7) consecutive days;
(c) Date, place and address of employment, including as a volunteer or unpaid intern or as a transient or day laborer;
(d) Crime for which charged, arrested or convicted;
(e) Date and place of conviction, adjudication or acquittal by reason of insanity;
(f) Aliases used or nicknames, ethnic or tribal names by which commonly known;
(g) Social security number and any purported social security number or numbers;
(h) Date and place of birth and any purported date and place of birth;
(i) Age, race, sex, height, weight, hair and eye colors, and any other physical description or identifying factors;
(j) A brief description of the offense or offenses for which the registration is required;
(k) Driver's license or state or other jurisdiction identification card number, which license or card may be electronically accessed by the Department of Public Safety;
(l) Anticipated future residence;
(m) If the registrant's residence is a motor vehicle, trailer, mobile home or manufactured home, the registrant shall also provide vehicle identification number, license tag number, registration number and a description, including color scheme, of the motor vehicle, trailer, mobile home or manufactured home; if the registrant's place of residence is a vessel or houseboat, the registrant shall also provide the hull identification number, manufacturer's serial number, name of the vessel or houseboat, registration number and a description, including color scheme, of the vessel or houseboat, including permanent or frequent locations where the motor vehicle, trailer, mobile home, manufactured home, vessel or houseboat is kept;
(n) Vehicle make, model, color and license tag number for all vehicles owned or operated by the sex offender, whether for work or personal use, and the permanent or frequent locations where a vehicle is kept;
(o) Offense history;
(p) Photograph;
(q) Fingerprints and palm prints;
(r) Documentation of any treatment received for any mental abnormality or personality disorder of the person;
(s) Biological sample;
(t) Name of any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education at which the offender is employed, carries on a vocation (with or without compensation) or is enrolled as a student, or will be enrolled as a student, and the registrant's status;
(u) Copy of conviction or sentencing order for the sex offense for which registration is required;
(v) The offender's parole, probation or supervised release status and the existence of any outstanding arrest warrants;
(w) Every online identity, screen name or username used, registered or created by a registrant;
(x) Professional licensing information which authorizes the registrant to engage in an occupation or carry out a trade or occupation;
(y) Information from passport and immigration documents;
(z) All telephone numbers, including, but not limited to, permanent residence, temporary residence, cell phone and employment phone numbers, whether landlines or cell phones; and
(aa) Any other information deemed necessary.
(3) For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23, including students, temporary employees and military personnel on assignment.
(4) (a) A person required to register under this chapter shall not reside within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school, a child care facility, a residential child-caring agency, a children's group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.
(b) A person residing within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school or a child care facility does not commit a violation of this subsection if any of the following apply:
(i) The person is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility.
(ii) The person is subject to an order of commitment under Title 41, Mississippi Code of 1972.
(iii) The person established the subject residence before July 1, 2006.
(iv) The school or child care facility is established within three thousand (3,000) feet of the person's residence subsequent to the date the person established residency.
(v) The person established the subject residence between July 1, 2006, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the school or child care facility.
(vi) The person is a minor or a ward under a guardianship.
(c) A person residing within three thousand (3,000) feet of the real property comprising a residential child-caring agency, a children's group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years does not commit a violation of this subsection if any of the following apply:
(i) The person established the subject residence before July 1, 2008.
(ii) The residential child-caring agency, children's group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years is established within three thousand (3,000) feet of the person's residence subsequent to the date the person established residency.
(iii) The person established the subject residence between July 1, 2008, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the residential child-caring agency, children's group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.
(iv) Any of the conditions described in subsection (4)(b)(i), (ii) or (vi) exist.
(5) The Department of Public Safety is required to obtain the text of the law defining the offense or offenses for which the registration is required.
(6) Any facility designated by the Department of Public Safety for personal appearances as required under this chapter shall be separate from any building utilized by the Department of Public Safety for licensing and permitting purposes. The Department of Public Safety is authorized to enter into agreements with other law enforcement offices in this state for utilization of those facilities or to allow such other law enforcement offices to assume responsibility for in-person appearance requirements under this chapter.
SECTION 11. Section 45-33-27, Mississippi Code of 1972, is amended as follows:
45-33-27. (1) A person
required to register on the basis of a conviction, adjudication of delinquency
or acquittal by reason of insanity entered shall register with the responsible
agency within three (3) business days of the date of judgment unless the person
is immediately confined or committed, in which case the person shall register
before release in accordance with the procedures established by the
department. The responsible agency shall immediately forward the registration
information to the Department of Public Safety. The person is also required to
personally appear at a facility designated by the Department of Public
Safety * * * within three (3) days of registration with the
responsible agency and to obtain a sex offender registration card.
(2) If a person who is
required to register under this section is released from prison or placed on
parole or supervised release or in a restitution center or community work
center, the Department of Corrections shall perform the registration duties
before placement in a center or before release and immediately forward the
registration information to the Department of Public Safety. The person is
also required to personally appear at a facility designated by the
Department of Public Safety * * * within three (3) days
of release or placement in a restitution center or community work center.
(3) If a person required to
register under this section is placed on probation, the court, at the time of
entering the order, shall register the person and immediately forward the
registration information to the Department of Public Safety. The person is
also required to personally appear at a facility designated by the
Department of Public Safety * * * within three (3) days
of the entry of the order.
(4) Any person required to
register who is neither incarcerated, detained nor committed at the time the
requirement to register attaches shall present himself to the county sheriff to
register within three (3) business days, and shall personally appear at a facility
designated by the Department of Public Safety * * * within three (3) days
of the time the requirement to register attaches.
(5) An offender moving to
or returning to this state from another jurisdiction shall notify the
Department of Public Safety ten (10) days before the person first resides in or
returns to this state and shall present himself to the sheriff of the county of
his residence within three (3) business days after first residing in or
returning to a county of this state to provide the required registration
information. The person is also required to register by personally appearing
at a facility designated by the Department of Public Safety * * * within three (3) days
after first residing in or moving to a county of this state. If the offender
fails to appear for registration as required in this state, the department
shall notify the other jurisdiction of the failure to register.
(6) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered shall register with the sheriff of the county in which he resides no later than August 15, 2000, or within three (3) business days of first residing in or returning to a county of this state.
(7) Every person required to register shall show proof of domicile. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which such person may show domicile.
(8) Any driver's license photograph, I.D. photograph, sex offender photograph, fingerprint, driver's license application and/or anything submitted to the Department of Public Safety by a known convicted sex offender, registered or not registered, can be used by the Department of Public Safety or any other authorized law enforcement agency for any means necessary in registration, identification, investigation regarding their tracking or identification.
(9) The department will assist local law enforcement agencies in the effort to conduct address and other verifications of registered sex offenders and will assist in the location and apprehension of noncompliant sex offenders.
SECTION 12. Section 45-33-29, Mississippi Code of 1972, is amended as follows:
45-33-29. (1) Upon
any change of address, including temporary lodging, an offender required to
register under this chapter is required to personally appear at a facility
designated by the Department of Public Safety * * * not less than ten
(10) days before he intends to first reside at the new address.
(2) Upon any change in the
status of a registrant's enrollment, employment or vocation at any public or
private educational institution, including any secondary school, trade or
professional institution or institution of higher education, the offender is
required to personally appear at a facility designated by the Department
of Public Safety * * * within three (3) business days of the
change.
(3) Upon any change of
employment or change of name, a registrant is required to personally appear at
a facility designated by the Department of Public Safety * * * within three (3)
business days of the change.
(4) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(5) Upon any change of e-mail address or addresses, instant message address or addresses, or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(6) Upon any change of information deemed by the department to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
SECTION 13. Section 45-33-31, Mississippi Code of 1972, is amended as follows:
45-33-31. (1) (a) Registrants who are in compliance with a program of electronic monitoring under this chapter are required to reregister annually.
(b) All other
registrants are required to personally appear at a facility designated by
the Department of Public Safety * * * to reregister every
ninety (90) days.
(2) Reregistration includes the submission of current information and photograph to the department and the verification of registration information, including the street address and telephone number of the registrant; name, street address and telephone number of the registrant's employment or status at a school, along with any other registration information that may need to be verified and the payment of any required fees.
(3) A person who fails to reregister and obtain a renewal sex offender registration card as required by this section commits a violation of this chapter. The Department of Public Safety will immediately notify any sheriff or other jurisdiction of any changes in information including residence address, employment and status at a school if that jurisdiction, county or municipality is affected by the change.
SECTION 14. Section 45-33-33, Mississippi Code of 1972, is amended as follows:
45-33-33. (1) (a) The
failure of an offender to personally appear at a facility designated by the
Department of Public Safety * * * or to provide any
registration or other information, including, but not limited to, initial
registration, reregistration, change of address information, change of
employment, change of name, required notification to a volunteer organization
or any other registration duty or submission of information required by this
chapter is a violation of this chapter. Additionally, forgery of information
or submission of information under false pretenses, whether by the registrant
or another person, is also a violation of this chapter.
(b) A person commits a violation of this chapter who:
(i) Knowingly
harbors, or knowingly attempts to harbor, or knowingly assists another person
in harboring or attempting to harbor a sex offender who is in violation of this
chapter; * * *
(ii) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter; or
(iii) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.
(c) A registrant who is required to submit to electronic monitoring who does not comply with all the terms and conditions of the electronic monitoring commits a violation of this chapter.
(2) (a) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections for not more than five (5) years, or both fine and imprisonment.
(b) A person who is required to register under this chapter who is subsequently convicted for a registration violation under this section, upon release from incarceration, shall submit to mandatory electronic monitoring under the program established under Section 45-33-45 for a period computed by subtracting the time the person spent in actual incarceration from the five-year maximum imprisonment for the offense and the period of post-release monitoring shall not be suspended or reduced by the court or the Department of Corrections.
(3) Whenever it appears that an offender has failed to comply with the duty to register, reregister or submit to electronic monitoring, the department shall promptly notify the sheriff of the county of the last-known address of the offender as well as the sheriff of the county of the last-known location of the offender, if different. Upon notification, the sheriff shall attempt to locate the offender at his last-known address or last-known location.
(a) If the sheriff locates the offender, he shall enforce the provisions of this chapter, including initiation of prosecution if appropriate. The sheriff shall then notify the department with the current information regarding the offender.
(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register, reregister or comply with electronic monitoring. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database and issue a warrant for the offender's arrest. The department shall notify the United States Marshals Service of the offender's noncompliant status and shall update the registry database and website to show the defendant's noncompliant status as an absconder.
(4) A violation of this chapter shall result in the arrest of the offender.
(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of the violation.
(6) A person required to register under this chapter who commits any act or omission in violation of this chapter may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sex offender, the county in which the conviction occurred for the offense or offenses that meet the criteria requiring the person to register, the county in which he was designated a sex offender, or the county in which the sex offender was found.
(7) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or driving privilege of any offender failing to comply with the duty to report, register or reregister, submit to monitoring, or who has provided false information.
(8) When a person required to register under this chapter is accused of any registration offense under this section, pretrial release on bond shall be conditioned on the offender's submission to electronic monitoring under the program established under Section 45-33-45.
SECTION 15. Section 45-33-35, Mississippi Code of 1972, is amended as follows:
45-33-35. (1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.
(2) Upon conviction,
adjudication or acquittal by reason of insanity of any sex offender, if the sex
offender is not immediately confined or not sentenced to a term of
imprisonment, the clerk of the court which convicted and sentenced the sex
offender shall inform the person of the duty to register, including the duty to
personally appear at a facility designated by the Department of Public
Safety * * *, and shall perform the registration duties as
described in Section 45-33-23 and forward the information to the department.
(3) Before release from
prison or placement on parole, supervised release or in a work center or
restitution center, the Department of Corrections shall inform the person of
the duty to register, including the duty to personally appear at a facility
designated by the Department of Public Safety * * *, and shall perform
the registration duties as described in Section 45-33-23 and forward the
information to the Department of Public Safety.
(4) Before release from a
community regional mental health center or from confinement in a mental
institution following an acquittal by reason of insanity, the director of the
facility shall inform the offender of the duty to register, including the duty
to personally appear at a facility designated by the Department of
Public Safety * * *, and shall perform the registration duties
as described in Section 45-33-23 and forward the information to the Department
of Public Safety.
(5) Before release from a
youthful offender facility, the director of the facility shall inform the
person of the duty to register, including the duty to personally appear at a facility
designated by the Department of Public Safety * * *, and shall perform
the registration duties as described in Section 45-33-23 and forward the
information to the Department of Public Safety.
(6) In addition to performing the registration duties, the responsible agency shall:
(a) Inform the person having a duty to register that:
(i) The person is
required to personally appear at a facility designated by the Department
of Public Safety * * * at least ten (10) days before changing address.
(ii) Any change of
address to another jurisdiction shall be reported to the department by
personally appearing at a facility designated by the Department of
Public Safety * * * not less than ten (10) days before the change
of address. The offender shall comply with any registration requirement in the
new jurisdiction.
(iii) The person must register in any jurisdiction where the person is employed, carries on a vocation, is stationed in the military or is a student.
(iv) Address
verifications shall be made by personally appearing at a facility designated
by the Department of Public Safety * * * within the required
time period.
(v) Notification
or verification of a change in status of a registrant's enrollment, employment
or vocation at any public or private educational institution, including any
secondary school, trade or professional institution, or institution of higher
education shall be reported to the department by personally appearing at a facility
designated by the Department of Public Safety * * * within three (3)
business days of the change.
(vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1).
(vii) Upon any
change of name or employment, a registrant is required to personally appear at
a facility designated by the Department of Public Safety * * * within three (3)
business days of the change.
(viii) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(ix) Upon any change of e-mail address or addresses, instant message address or addresses or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(x) Upon any change of information deemed to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.
(c) Obtain or facilitate the obtaining of a biological sample from every registrant as required by this chapter if such biological sample has not already been provided to the Mississippi Forensics Laboratory.
(d) Provide a copy of the order of conviction or sentencing order to the department at the time of registration.
SECTION 16. This act shall take effect and be in force from and after July 1, 2020.