House Bill 1262

AN ACT TO AMEND SECTIONS 63-1-35 AND 45-35-3, MISSISSIPPI CODE OF 1972, TO DIRECT THE COMMISSIONER OF PUBLIC SAFETY TO DEVELOP AND IMPLEMENT A DIGITIZED FORMAT FOR DRIVER'S LICENSES, DRIVING PERMITS AND IDENTIFICATION CARDS AS AN OPTION FOR LICENSE HOLDERS, PERMIT HOLDERS AND CARD HOLDERS; TO PROVIDE THE REQUIREMENTS FOR THE LICENSES, PERMITS AND CARDS; TO PROVIDE THE MAXIMUM AMOUNT THAT MAY BE CHARGED AS A FEE FOR THE LICENSES, PERMITS OR CARDS; AND FOR RELATED PURPOSES.

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

SECTION 1. 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. 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.

(5) (a) Not later than January 1, 2021, the commissioner shall develop and implement a driver's license or driving permit in digitized format as an additional option for license or permit holders.

(b) A digitized format shall mean a data file available on any mobile device that has connectivity to the Internet through an application that allows the mobile device to download the data file from the department or an authorized representative of the department, contains all of the data elements visible on the face and back of the license or permit, and also displays the current status of the license or permit. Current status shall include, but is not limited to, valid, expired, cancelled, suspended, disqualified, hardship or interlock hardship status.

(c) A digital copy, photograph or image of a driver's license or permit that is not downloaded through the application on a mobile device shall not be a valid digitized driver's license or permit as required to be developed by this subsection (5).

(d) A digitized driver's license or permit shall be a valid driver's license or permit for all purposes regarding traffic stops or checkpoints in the State of Mississippi. The display of a digitized driver's license or permit shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view or access any other data or application on the mobile device. If a person presents his or her mobile device to a law enforcement officer for purposes of displaying his or her digitized driver's license or permit, the officer shall promptly return the mobile device to the person once the officer has had an opportunity to verify the identity and license or permit status to the person.

(e) The fee to install the application to display a digitized driver's license or permit shall not exceed Six Dollars ($6.00).

SECTION 2. Section 45-35-3, Mississippi Code of 1972, is amended 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.

(4) (a) Not later than January 1, 2021, the commissioner shall develop and implement an identification card in digitized format as an additional option for card holders.

(b) A digitized format shall mean a data file available on any mobile device that has connectivity to the Internet through an application that allows the mobile device to download the data file from the department or an authorized representative of the department, contains all of the data elements visible on the face and back of the identification card, and also displays the current status of the identification card. Current status shall include, but is not limited to, valid, expired, cancelled, suspended, disqualified, hardship or interlock hardship status.

(c) A digital copy, photograph or image of an identification card that is not downloaded through the application on a mobile device shall not be a valid digitized identification card as required to be developed by this subsection (5).

(d) A digitized identification card shall be a valid identification card for all purposes in the State of Mississippi. The display of a digitized identification card shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view or access any other data or application on the mobile device. If a person presents his or her mobile device to a law enforcement officer for purposes of displaying his or her digitized identification card, the officer shall promptly return the mobile device to the person once the officer has had an opportunity to verify the identity and identification card status to the person.

(e) The fee to install the application to display a digitized identification card shall not exceed Six Dollars ($6.00).

SECTION 3. This act shall take effect and be in force from and after July 1, 2020.