State identification for homeless persons; authorize.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Summers

HOUSE BILL NO. 1408

AN ACT TO AMEND SECTION 45-35-17, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY THE AUTHORITY OF THE COMMISSIONER OF PUBLIC SAFETY TO 2
CREATE RULES AND REGULATIONS TO PROVIDE AN ALTERNATIVE STATE 3
IDENTIFICATION CARD TO HOMELESS PERSONS; TO AMEND SECTIONS 45-35-7 4
AND 45-35-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING 5
SECTION; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 45-35-17, Mississippi Code of 1972, is 8
amended as follows: 9
45-35-17. (1) Subject to available appropriations, the 10
Commissioner of Public Safety shall establish an alternative state 11
identification card that does not conflict with the requirements 12
of the federal Real ID Act of 2005, except that this card shall 13
not require proof of domicile for persons who do not have a 14
domicile to list. The Commissioner of Public Safety shall create 15
rules and regulations that allow persons who are homeless to 16
obtain an alternative state identification card. 17
(2) For purposes of this section, the term "homeless" means 18
lacks a fixed, regular and adequate residence, or lives 19
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periodically in a public or private shelter or location that 20
provides temporary living arrangements. 21
SECTION 2. Section 45-35-7, Mississippi Code of 1972, is 22
amended as follows: 23
45-35-7. (1) (a) Except as provided in paragraph (b) of 24
this subsection (1) or as otherwise provided by law for homeless 25
persons, each applicant for an original or renewal identification 26
card issued pursuant to this chapter who is entitled to issuance 27
of such a card shall be issued a four-year card or an eight-year 28
card, at the option of the applicant. Each card shall expire at 29
midnight on the cardholder's birthday and may be renewed any time 30
within six (6) months before the expiration date of the card upon 31
application and payment of the required fee. 32
(b) Any applicant who is blind, as defined in Section 33
43-6-1, upon payment of the fee prescribed in Section 63-1-43, 34
shall be issued an original or renewal identification card which 35
shall remain valid for a period of eight (8) years, shall expire 36
at midnight on the cardholder's birthday, and may be renewed any 37
time within six (6) months before the expiration date of the card 38
upon application and payment of the required fee. 39
(2) (a) Any applicant who is not a United States citizen, 40
upon payment of the fee prescribed in Section 63-1-43, shall be 41
issued an original or renewal identification card which shall 42
expire four (4) years from date of issuance or on the expiration 43
date of the applicant's authorized stay in the United States, 44
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whichever is the lesser period of time, and may be renewed, if the 45
person is otherwise qualified to renew the license, within thirty 46
(30) days of expiration. 47
(b) An applicant for an original or renewal 48
identification card under paragraph (a), except a person who is 49
homeless as defined in Section 45-35-17, must present valid 50
documentary evidence documenting that the applicant: 51
(i) Is a citizen or national of the United States; 52
(ii) Is an alien lawfully admitted for permanent 53
or temporary residence in the United States; 54
(iii) Has conditional permanent residence status 55
in the United States; 56
(iv) Has an approved application for asylum in the 57
United States or has entered into the United States in refugee 58
status; 59
(v) Has a valid, unexpired nonimmigrant visa or 60
nonimmigrant visa status for entry into or lawful presence in the 61
United States; 62
(vi) Has a pending application for asylum in the 63
United States; 64
(vii) Has a pending or approved application for 65
temporary protected status in the United States; 66
(viii) Has approved deferred-action status; 67
(ix) Has pending an application for adjustment of 68
status to that of an alien lawfully admitted for permanent 69
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residence in the United States or conditional permanent resident 70
status in the United States; or 71
(x) Has a valid employment authorization card 72
issued by the United States Department of Homeland Security. 73
(3) The fee for the issuance of an original or renewal 74
identification card shall be as prescribed in Section 63-1-43. 75
(4) Any person who, for medical reasons, surrenders his 76
unexpired driver's license, and any person whose unexpired 77
driver's license is suspended for medical reasons by the 78
Commissioner of Public Safety under Section 63-1-53(2)(e), upon 79
request shall be issued an identification card without payment of 80
a fee. The identification card shall be valid for a period of 81
four (4) years from its date of issue. Subsequent renewals shall 82
be subject to the fees prescribed in Section 63-1-43. 83
(5) The department shall maintain a record of all 84
identification cards issued. 85
(6) (a) Any male who is at least eighteen (18) years of age 86
but less than twenty-six (26) years of age and who applies for an 87
identification card or a renewal of an identification card under 88
this chapter shall be registered in compliance with the 89
requirements of Section 3 of the Military Selective Service Act, 90
50 USCS Appx 451 et seq., as amended. 91
(b) The department shall forward in an electronic 92
format the necessary personal information of the applicant to the 93
Selective Service System. The applicant's submission of the 94
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ST: State identification for homeless persons;
authorize.
application shall serve as an indication that the applicant either 95
has already registered with the Selective Service System or that 96
he is authorizing the department to forward to the Selective 97
Service System the necessary information for registration. The 98
commissioner shall notify the applicant on, or as a part of, the 99
application that his submission of the application will serve as 100
his consent to registration with the Selective Service System, if 101
so required. The commissioner also shall notify any male 102
applicant under the age of eighteen (18) that he will be 103
registered upon turning age eighteen (18) as required by federal 104
law. 105
SECTION 3. Section 45-35-5, Mississippi Code of 1972, is 106
amended as follows: 107
45-35-5. Except as otherwise regulated by the authority of 108
Section 45-35-17 for homeless persons, data for the issuance of an 109
identification card shall include a birth certificate or other 110
document to establish the age and identity of the applicant, the 111
social security number of the applicant, and such other 112
identifying data as is required on an application for issuance of 113
a driver's license. 114
SECTION 4. This act shall take effect and be in force from 115
and after July 1, 2026. 116