Read the full stored bill text
S. B. No. 2322 *SS08/R318SG* ~ OFFICIAL ~ G1/2
26/SS08/R318SG
PAGE 1
To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hill, McMahan
SENATE BILL NO. 2322
(As Sent to Governor)
AN ACT TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT THE COMMISSIONER MAY ONLY PRESCRIBE THE FORM OF 2
LICENSE ISSUED UNDER THIS ARTICLE TO LICENSEES WHO ARE NOT UNITED 3
STATES CITIZENS OR WHO DO NOT POSSESS A SOCIAL SECURITY NUMBER IF 4
THE LICENSEE IS LAWFULLY PRESENT IN THE UNITED STATES; TO PROVIDE 5
THAT SUCH A LICENSE SHALL INCLUDE A DESIGNATION THAT THE PERSON IS 6
NOT A UNITED STATES CITIZEN AND THAT THE LICENSE SHALL EXPIRE ON 7
THE DATE THAT THE PERSON IS NO LONGER LAWFULLY PRESENT IN THE 8
UNITED STATES; TO REQUIRE ANY NEW, RENEWAL OR DUPLICATE DRIVER'S 9
LICENSE, TEMPORARY DRIVING PERMIT OR COMMERCIAL DRIVER'S LICENSE 10
ISSUED TO A PERSON UNDER THIS CHAPTER TO BEAR A DESIGNATION OF THE 11
SEX OF THE INDIVIDUAL WHICH SHALL BE CONSISTENT WITH THE SEX OF 12
THE INDIVIDUAL DETERMINED AT BIRTH; TO PROVIDE THAT A DRIVER'S 13
LICENSE, OR OTHER PERMIT PURPORTING TO AUTHORIZE THE HOLDER TO 14
OPERATE A MOTOR VEHICLE ON PUBLIC ROADWAYS, ISSUED BY ANOTHER 15
STATE OR JURISDICTION TO A PERSON UNABLE TO PROVE LAWFUL PRESENCE 16
IN THE UNITED STATES WHEN THE LICENSE OR PERMIT IS ISSUED, SHALL 17
BE INVALID IN THIS STATE AND DOES NOT AUTHORIZE THE HOLDER TO 18
OPERATE A MOTOR VEHICLE IN THIS STATE; TO REQUIRE A PEACE OFFICER 19
WHO STOPS A PERSON DRIVING OR USING SUCH AN INVALID LICENSE TO 20
ISSUE A CITATION TO THE DRIVER AND REFER THE PERSON TO THE UNITED 21
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY; TO REQUIRE A 22
JUSTICE COURT JUDGE, LICENSE EXAMINER, OR ANY AUTHORIZED EMPLOYEE 23
OF THE COMMISSIONER WHO ENCOUNTERS A PERSON USING SUCH AN INVALID 24
LICENSE TO REFER THE PERSON TO THE UNITED STATES IMMIGRATION AND 25
CUSTOMS ENFORCEMENT AGENCY; TO REQUIRE THE DEPARTMENT OF PUBLIC 26
SAFETY TO ADOPT RULES AND REGULATIONS TO IMPLEMENT THIS SECTION; 27
TO PROVIDE FOR SEVERABILITY; AND FOR RELATED PURPOSES. 28
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 29
SECTION 1. Section 63-1-35, Mississippi Code of 1972, is 30
amended as follows: 31
S. B. No. 2322 *SS08/R318SG* ~ OFFICIAL ~
26/SS08/R318SG
PAGE 2
63-1-35. (1) The Commissioner of Public Safety shall 32
prescribe the form of license issued pursuant to this article 33
which shall, among other features, include a driver's license 34
number assigned by the Department of Public Safety. A licensee 35
shall list his social security number with the department which 36
shall cross reference the social security number with the driver's 37
license number for purposes of identification. Additionally, each 38
license shall bear a full-face color photograph of the licensee in 39
such form that the license and the photograph cannot be separated. 40
The photograph shall be taken so that one (1) exposure will 41
photograph the applicant and the application simultaneously on the 42
same film. The department shall use a process in the issuance of 43
a license with a color photograph that shall prevent as nearly as 44
possible any alteration, counterfeiting, duplication, 45
reproduction, forging or modification of the license or the 46
superimposition of a photograph without ready detection. The 47
photograph shall be replaced by the department at the time of 48
renewal. Drivers' licenses, including photographs appearing 49
thereon, may be renewed by electronic means according to rules and 50
regulations promulgated by the commissioner in conformity to 51
Section 27-104-33. 52
(2) The commissioner shall prescribe the form of license 53
issued pursuant to this article to licensees, lawfully present in 54
the United States, who are not United States citizens * * * or who 55
do not possess a social security number issued by the United 56
S. B. No. 2322 *SS08/R318SG* ~ OFFICIAL ~
26/SS08/R318SG
PAGE 3
States government. The license of such persons shall include a 57
number and/or other identifying features, including a designation 58
that the person is not a United States citizen, and shall expire 59
on the date that person is no longer lawfully present in the 60
United States. 61
(3) Any new, renewal or duplicate driver's license, 62
temporary driving permit or commercial driver's license issued to 63
a person required to register as a sex offender pursuant to 64
Section 45-33-25 shall bear a designation identifying the licensee 65
or permittee as a sex offender. 66
(4) The commissioner is authorized to provide the new, 67
renewal or duplicate driver's license, temporary driving permit or 68
commercial driver's license to any honorably discharged veteran as 69
defined in Title 38 of the United States Code, and such license or 70
permit shall exhibit the letters "Vet" or any other mark 71
identifying the person as a veteran. The veteran requesting the 72
"Vet" designation shall present his DD-214, Military Retiree 73
Identification Card, United States Department of Veterans Affairs 74
Medical Identification Card, United States Department of Veterans 75
Affairs Identification Card or National Guard Form NGB 22. The 76
veteran requesting the "Vet" designation may present his DD-214, 77
Military Retiree Identification Card, United States Department of 78
Veterans Affairs Medical Identification Card, United States 79
Department of Veterans Affairs Identification Card or National 80
S. B. No. 2322 *SS08/R318SG* ~ OFFICIAL ~
26/SS08/R318SG
PAGE 4
Guard Form NGB 22 in person at the Mississippi Department of 81
Public Safety Driver's License Station. 82
(5) Not later than July 1, 2021, the commissioner shall 83
develop and implement a driver's license or driving permit in 84
electronic format as an additional option for license or permit 85
holders. Acceptable electronic formats include display of 86
electronic images on a cellular phone or any other type of 87
electronic device. 88
(6) If false documents are provided by an individual for 89
purposes of obtaining a veteran driver's license, such action 90
shall be considered fraudulent use of identity under Section 91
97-19-85, Mississippi Code of 1972, and shall be punishable, upon 92
conviction, as a felony pursuant to the provisions of that 93
section. 94
(7) Any new, renewal or duplicate driver's license, 95
temporary driving permit or commercial driver's license issued to 96
a person under this chapter shall bear a designation of the sex of 97
the individual which shall be consistent with the sex of the 98
individual determined at birth. No change may be made to this 99
designation, except for a correction of a scrivener's error, a 100
correction in the case of a misidentification of the individual's 101
sex at birth due to a verifiable disorder of a sex development 102
condition, or a correction of a license that has previously been 103
voluntarily altered to record a sex other than the sex of the 104
person as previously recorded at birth. 105
S. B. No. 2322 *SS08/R318SG* ~ OFFICIAL ~
26/SS08/R318SG
PAGE 5
(8) (a) A driver's license, or other permit purporting to 106
authorize the holder to operate a motor vehicle on public 107
roadways, issued by another state or jurisdiction to a person 108
unable to prove lawful presence in the United States when the 109
license or permit is issued, shall be invalid in this state and 110
does not authorize the holder to operate a motor vehicle in this 111
state. Such licenses include classes of licenses issued to 112
persons unable to prove lawful presence in the United States or 113
licenses that are substantially the same as licenses issued to 114
citizens, residents, or those lawfully present in the United 115
States but have markings establishing that the license holder did 116
not exercise the option of providing proof of lawful presence. 117
(b) A peace officer who stops a person driving or using 118
an invalid license as described in paragraph (a) of this 119
subsection shall issue a citation to the driver for driving 120
without a license in violation of Section 63-1-41 and shall refer 121
the person to the United States Immigration and Customs 122
Enforcement Agency. A justice court judge, license examiner, or 123
other authorized employee of the commissioner who encounters a 124
person using an invalid license as described in paragraph (a) of 125
this subsection shall refer the person to the United States 126
Immigration and Customs Enforcement Agency. 127
(9) The Department of Public Safety shall adopt rules and 128
regulations as necessary to implement the provisions of this 129
section. 130
S. B. No. 2322 *SS08/R318SG* ~ OFFICIAL ~
26/SS08/R318SG
PAGE 6
ST: Driver's license; amend provision related
to.
SECTION 2. If any one or more provisions, sections, 131
subsections, sentences, clauses, phrases or words of this act or 132
the application thereof to any person or circumstance is found to 133
be unconstitutional, the same is hereby declared to be severable 134
and the balance of this act shall remain effective notwithstanding 135
such unconstitutionality. The Legislature hereby declares that it 136
would have passed this act, and each provision, section, 137
subsection, sentence, clause, phrase or word thereof, irrespective 138
of the fact that any one or more provisions, sections, 139
subsections, sentences, clauses, phrases or words be declared 140
unconstitutional. 141
SECTION 3. This act shall take effect and be in force from 142
and after July 1, 2026. 143