MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary A
By: Representative Gibbs (72nd)
AN ACT TO ESTABLISH THE "MISSISSIPPI HOMEBOUND STATE IDENTIFICATION CARD ACT"; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH A HOMEBOUND IDENTIFICATION UNIT RESPONSIBLE FOR ADMINISTERING IN-HOME SERVICES FOR THE ISSUANCE OF STATE IDENTIFICATION CARDS TO INDIVIDUALS WHO ARE HOMEBOUND DUE TO PHYSICAL IMPAIRMENTS OR SEVERE MEDICAL CONDITIONS AS DEFINED UNDER THE AMERICANS WITH DISABILITIES ACT; TO PRESCRIBE THE MINIMUM RESPONSIBILITIES AND DUTIES OF THE HOMEBOUND IDENTIFICATION UNIT; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE UNIT; TO REQUIRE THE LEGISLATURE TO APPROPRIATE FUNDS TO THE DEPARTMENT TO SUPPORT THE ESTABLISHMENT AND OPERATION OF THE UNIT; TO REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT ON THE PROGRAM'S STATUS TO THE GOVERNOR AND LEGISLATURE; TO PRESCRIBE ELIGIBILITY REQUIREMENTS FOR IN-HOME STATE IDENTIFICATION CARD SERVICES; TO AMEND SECTION 45-35-51, MISSISSIPPI CODE OF 1972, TO UPDATE TERMS AND DEFINITIONS IN A MANNER CONSISTENT WITH THE CREATION OF THE PROGRAM; TO BRING FORWARD SECTION 45-35-53, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Homebound State Identification Card Act."
SECTION 2. (1) The Department of Pubic Safety shall establish a Homebound Identification Unit, which shall be responsible for administering in-home services for the issuance of state identification cards to individuals who are homebound due to physical impairments or severe medical conditions as defined under the Americans with Disabilities Act (ADA), so as to render them permanently disabled.
(2) The Homebound Identification Unit shall:
(a) Schedule and conduct in-home visits for eligible individuals;
(b) Train staff to provide compassionate and efficient services in compliance with ADA standards; and
(c) Develop a secure mobile system for collecting biometric data, photographs, and electronic signatures.
(3) (a) The department is authorized to promulgate rules and regulations necessary for the implementation and administration of the Homebound Identification Unit, including application procedures, fee waivers or reductions for eligible individuals and data security protocols.
(b) The Legislature shall appropriate funds to the department to support the establishment and operation of the Homebound Identification Unit.
(c) The department may pursue federal grants and other funding opportunities to support this program.
(4) The department shall submit an annual report to the Governor and the Legislature detailing:
(a) The number of individuals served by the program;
(b) The average wait time for appointments; and
(c) Any challenges or recommendations for program improvements.
SECTION 3. (1) A person shall be eligible for in-home state identification card services if they meet the following criteria:
(a) The individual is a resident of Mississippi and qualifies for a state identification card under existing Mississippi law.
(b) The individual has a severe physical or medical condition that meets one or more of the following:
(i) Prevents them from leaving their home due to mobility limitations, severe respiratory conditions, or other impairments listed under the ADA.
(ii) Requires the use of medical equipment (e.g., oxygen, wheelchair, or hospital bed) that makes travel impractical or unsafe.
(iii) Is under hospice care or has a terminal illness confirmed by a physician.
(c) The individual provides a completed application, proof of residency, and documentation of their condition as outlined in subsection (2) of this section.
(2) Applicants for the homebound services program must provide:
(a) A completed application form developed by the department;
(b) Proof of Mississippi residency in accordance with the department's requirements;
(c) Proof of identity as required for standard state identification card issuance;
(d) A physician's statement that:
(i) Specifies the medical condition or physical impairment that prevents the applicant from traveling;
(ii) Affirms that the applicant meets the criteria for homebound status as described in subsection 1(b); and
(iii) Includes the physician's name, license number and contact information.
SECTION 4. Section 45-35-51, Mississippi Code of 1972, is amended as follows:
45-35-51. As used in this article, the term:
(a) "Commissioner" means the Commissioner of the Department of Public Safety.
(b) "Department" means Department of Public Safety.
(c) "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.
(d) "Identification card for persons with disabilities" means an identification card issued as provided in this article.
(e) "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.
(f) "Person with disabilities" means any person with a permanent or temporary disability.
(g) "Temporary disability" means any disability which is expected to continue for at least six (6) months but less than five (5) years.
(h) "Homebound" means a person who, due to illness, disability, or physical impairment, is unable to leave their residence without significant assistance or risk to their health.
(i) "Physician's statement" means a signed and dated letter from a licensed medical doctor, nurse practitioner, or physician assistant attesting to the individual's condition.
SECTION 5. Section 45-35-53, Mississippi Code of 1972, is brought forward as follows:
45-35-53. (1) 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:
(a) Full legal name;
(b) Address of residence;
(c) Birth date;
(d) Date identification card was issued;
(e) Date identification card expires;
(f) Sex;
(g) Height;
(h) Weight;
(i) Eye color;
(j) Location where the identification card was issued;
(k) Signature of person identified or facsimile thereof; and
(l) Such other information as required by the department.
(2) 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.
SECTION 6. This act shall take effect and be in force from and after July 1, 2025.