MCA Chapter 35

in effect

Miss. Code Ann. § 45-35-1 Definitions.

For the purposes of this article the following words shall have the meanings herein ascribed unless the context clearly requires otherwise: “Department” means the Department of Public Safety; “Commissioner” means the Commissioner of Public Safety; and “Identification card” means a card issued under the provisions of this article by the Department of Public Safety.

Miss. Code Ann. § 45-35-3 Issuance of identification card by Department of Public Safety; application for card; registered sex offender’s card to identify cardholder as sex offender; designation as veteran on card upon request of honorably discharged veteran.

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. 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. 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.

Miss. Code Ann. § 45-35-5 Data required for issuance of identification card.

Data for the issuance of an identification card shall include a birth certificate or other document to establish the age and identity of the applicant, the social security number of the applicant, and such other identifying data as is required on an application for issuance of a drivers license.

Miss. Code Ann. § 45-35-7 Expiration; renewal; fees; records; registration with Selective Service.

Except as provided in paragraph (b) of this subsection (1), each applicant for an original or renewal identification card issued pursuant to this chapter who is entitled to issuance of such a card shall be issued a four-year card or an eight-year card, at the option of the applicant. Each card shall expire at midnight on the cardholder’s birthday and may be renewed any time within six (6) months before the expiration date of the card upon application and payment of the required fee. Any applicant who is blind, as defined in Section 43-6-1, upon payment of the fee prescribed in Section 63-1-43, shall be issued an original or renewal identification card which shall remain valid for a period of eight (8) years, shall expire at midnight on the cardholder’s birthday, and may be renewed any time within six (6) months before the expiration date of the card upon application and payment of the required fee. Any applicant who is not a United States citizen, upon payment of the fee prescribed in Section 63-1-43, shall be issued an original or renewal identification card which shall expire four (4) years from 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. An applicant for an original or renewal identification card under paragraph (a) must present valid documentary evidence documenting that the applicant: Is a citizen or national of the United States; Is an alien lawfully admitted for permanent or temporary residence in the United States; Has conditional permanent residence status in the United States; Has an approved application for asylum in the United States or has entered into the United States in refugee status; Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into or lawful presence in the United States; Has a pending application for asylum in the United States; Has a pending or approved application for temporary protected status in the United States; Has approved deferred-action status; Has pending an 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 Has a valid employment authorization card issued by the United States Department of Homeland Security. The fee for the issuance of an original or renewal identification card shall be as prescribed in Section 63-1-43. 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), upon request shall 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. Subsequent renewals shall be subject to the fees prescribed in Section 63-1-43. The department shall maintain a record of all identification cards issued. 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. 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.

Miss. Code Ann. § 45-35-9 Duplicates; fee; return of original.

If an identification card issued under this chapter is lost, destroyed or mutilated, or a new name or other updated information is required, the person to whom it was issued may obtain a duplicate by furnishing the same identifying data as for an original card and paying the fee prescribed in Section 63-1-43. 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.

Miss. Code Ann. § 45-35-11 Form.

All identification cards shall be centrally issued by the department, adequately describe the registrant, bear a color photograph of the registrant, and include other such identifying data as required by Section 45-35-5.

Miss. Code Ann. § 45-35-13 Unlawful use of cards; penalties.

No person shall: Display, or cause or permit to be displayed, or have in his possession, any cancelled, fictitious, fraudulently altered or fraudulently obtained identification cards; Lend an identification card to any person or knowingly permit the use thereof by another; Display or represent any identification card not issued to him as being his card; Permit any unlawful use of an identification card issued to him; Do any act forbidden or fail to perform any act required by this article; Photograph, photostat, duplicate or in any way reproduce, manufacture, sell or distribute any identification card or facsimile thereof so that it could be mistaken for a valid identification card; or Display or have in his possession any photograph, photostat, duplicate, reproduction or facsimile of an identification card unless authorized by the provisions of this article. Any person convicted of a violation of any provision of paragraphs (a), (b), (c), (d), (e) or (g) of subsection (1) of this section is guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Any person under twenty-one (21) years of age at the time of the offense who is convicted of a violation of paragraph (f) of subsection (1) of this section shall be punished as follows: A first offense shall be a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. A second or subsequent offense, the offenses being committed within a period of five (5) years, shall be a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. Any person twenty-one (21) years of age or older at the time of the offense who is convicted of a violation of paragraph (f) of subsection (1) of this section is guilty of a felony and shall be punished by a fine of not less than Five Thousand Dollars ($5,000.00), or imprisonment for not more than three (3) years, or by both such fine and imprisonment.

Miss. Code Ann. § 45-35-15 Liability of public entities.

No public entity or public official shall be liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in an identification card issued pursuant to this article.

Miss. Code Ann. § 45-35-51 Definitions.

As used in this article, the term: “Commissioner” means the Commissioner of the Department of Public Safety. “Department” means Department of Public Safety. “Disability” means any physical, mental or neurological impairment which severely restricts a person’s mobility, manual dexterity or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity. “Identification card for persons with disabilities” means an identification card issued as provided in this article. “Permanent disability” means any disability which is permanent in nature or which is expected to continue for a period of at least five (5) years. “Person with disabilities” means any person with a permanent or temporary disability. “Temporary disability” means any disability which is expected to continue for at least six (6) months but less than five (5) years.

Miss. Code Ann. § 45-35-53 Issuance of personal identification card; information to be included on card.

The Department of Public Safety shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner by filing with the Secretary of State under the Administrative Procedures Act. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information: Full legal name; Address of residence; Birth date; Date identification card was issued; Date identification card expires; Sex; Height; Weight; Eye color; Location where the identification card was issued; Signature of person identified or facsimile thereof; and Such other information as required by the department. The identification card for persons with disabilities shall bear an identification card number which shall not be the same as the applicant’s social security number. The commissioner shall prescribe the form of identification cards issued pursuant to this article to persons who are not United States citizens. The identification cards of such persons shall include a number and any other identifying information prescribed by the commissioner.

Miss. Code Ann. § 45-35-55 Issuance of cards to persons with permanent disabilities and renewal thereof; issuance of cards to persons with temporary disabilities and renewal thereof.

The identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of four (4) years, shall expire at midnight on the cardholder’s birthday, and may be renewed any time within six (6) months before the expiration date of the card upon application and payment of the required fee. The identification cards shall be issued to persons with disabilities upon presentation of the current sworn affidavit of at least one (1) medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal. The identification card for persons with temporary disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one (1) medical doctor attesting to the disability and estimating the duration of the disability. Temporary disability identification cards shall be issued for periods of six (6) months. A current affidavit of a medical doctor attesting to the continuance of the disability shall be presented at each request for renewal thereafter.

Miss. Code Ann. § 45-35-57 Special transportation services for persons with disabilities.

The face of the identification card for persons with disabilities shall bear the word “TRANSPORTATION” with a box or blank space adjacent thereto. The issuer of the card shall place an “X” in such box or blank space if the applicant’s disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state.

Miss. Code Ann. § 45-35-59 Special seating for persons with disabilities.

The identification card for persons with disabilities shall bear the word “SEATING” with a box or blank space adjacent thereto. The issuer of the card shall place an “X” in such box or blank space if the applicant’s disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state.

Miss. Code Ann. § 45-35-61 Rules and regulations.

The commissioner shall promulgate rules and regulations under which this article shall be implemented.

Miss. Code Ann. § 45-35-63 Proof of date of birth.

The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant’s birth date.

Miss. Code Ann. § 45-35-65 Fee.

The department shall collect a fee for an identification card for persons with disabilities as prescribed in Section 63-1-43.

Miss. Code Ann. § 45-35-67 Misuse of identification card a misdemeanor.

It is a misdemeanor for any person: To lend his or her identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and To display or represent as his or her own any identification card for persons with disabilities not issued to him or her.