House Bill 1154

AN ACT TO AMEND SECTION 41-57-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SEX DESIGNATED ON THE BIRTH CERTIFICATE SHALL BE THE SEX OF THE CHILD THAT IS ASSIGNED AT BIRTH; TO PROHIBIT THE STATE REGISTRAR OF VITAL RECORDS FROM CHANGING THE SEX ON A BIRTH CERTIFICATE UNLESS IT IS CLEARLY AN ERROR THAT IS VERIFIED BY MEDICAL RECORDS FROM THE TIME OF BIRTH THAT ARE PROVIDED AND SIGNED BY ONE OF THE PARENTS OF THE CHILD SHOWING THAT THE SEX OF THE CHILD WAS NOT WHAT IS SHOWN ON THE BIRTH CERTIFICATE, OR A PHYSICIAN OR OTHER PERSON WHO DELIVERED THE CHILD OR ASSISTED IN DELIVERING THE CHILD WHO CONFIRMS THAT AT THE TIME OF BIRTH, THE SEX OF THE CHILD WAS NOT WHAT IS SHOWN ON THE BIRTH CERTIFICATE; TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SEX OF THE PERSON SHOWN ON THE DRIVER'S LICENSE SHALL BE THE SAME AS THE SEX SHOWN ON THE BIRTH CERTIFICATE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-57-21, Mississippi Code of 1972, is amended as follows:

41-57-21. (1) Where there has been a bona fide effort to register a birth and the certificate thereof on file with the office of vital records does not divulge all of the information required by * * *~~said~~ the certificate, or such certificate contains an incorrect first name, middle name, or sex, then the State Registrar of Vital Records may, in his discretion, correct such certificate upon affidavit of at least two (2) reputable persons having personal knowledge of the facts in relation thereto. To change the sex on the birth certificate, at least one (1) of the persons submitting the affidavit must be a person specified in subsection (2) of this section. All other alterations shall be made as provided in Section 41-57-23. Anyone giving false information in such affidavit shall be subject to the penalties of perjury.

(2) The sex designated on the birth certificate shall be the sex of the child that is assigned at birth. The State Registrar of Vital Records shall not be authorized to change the sex on a birth certificate unless it is clearly an error that is verified by:

(a) Medical records from the time of birth that are provided and signed by one (1) of the parents of the child showing that the sex of the child was not what is shown on the birth certificate; or

(b) A physician or other person who delivered the child or assisted in delivering the child who confirms that at the time of birth, the sex of the child was not what is shown on the birth certificate.

SECTION 2. Section 63-1-35, Mississippi Code of 1972, is amended 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. The sex of the person shown on the driver's license shall be the same as the sex shown on the birth certificate, which may not be changed except as provided in Section 41-57-21. 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 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 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, Military Retiree Identification Card, United States Department of Veterans Affairs Medical Identification Card, United States Department of Veterans Affairs Identification Card or National Guard Form NGB 22. The veteran requesting the "Vet" designation may present his DD-214, Military Retiree Identification Card, United States Department of Veterans Affairs Medical Identification Card, United States Department of Veterans Affairs Identification Card or National Guard Form NGB 22 in person at the Mississippi Department of Public Safety Driver's License Station.

(5) Not later than July 1, 2021, the commissioner shall develop and implement a driver's license or driving permit in electronic format as an additional option for license or permit holders. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device.

(6) If false documents are provided by an individual for purposes of obtaining a veteran driver's license, such action shall be considered fraudulent use of identity under Section 97-19-85, Mississippi Code of 1972, and shall be punishable, upon conviction, as a felony pursuant to the provisions of that section.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.