Driver's license; prohibit to non U.S. citizens.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Owen

HOUSE BILL NO. 1407

AN ACT TO AMEND SECTION 63-1-9, MISSISSIPPI CODE OF 1972, TO 1
PROHIBIT THE ISSUANCE OF LEARNER'S PERMITS AND DRIVER'S LICENSES 2
TO PERSONS WHO ARE NOT UNITED STATES CITIZENS; TO AMEND SECTION 3
63-1-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UPON THE 4
EXPIRATION OF THE DRIVER'S LICENSE OR LEARNER'S PERMIT OF ANY 5
PERSON WHO IS NOT A UNITED STATES CITIZEN OR RESIDENT OF 6
MISSISSIPPI, THAT PERSON SHALL NOT BE ENTITLED TO HAVE THE LICENSE 7
RENEWED UNTIL SUCH TIME THAT DOCUMENTATION IN THE FORM OF A 8
CERTIFICATE OF NATURALIZATION IS PRESENTED; TO AMEND SECTIONS 9
63-1-35 AND 63-1-47, MISSISSIPPI CODE OF 1972, IN CONFORMITY 10
THERETO; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 63-1-9, Mississippi Code of 1972, is 13
amended as follows: 14
63-1-9. (1) No driver's license or learner's permit shall 15
be issued pursuant to this article: 16
(a) To any person under the age of eighteen (18) years 17
except as provided in this article. 18
(b) To any person whose license to operate a motor 19
vehicle on the highways of Mississippi has been previously revoked 20
or suspended by this state or any other state or territory of the 21
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United States or the District of Columbia, if the revocation or 22
suspension period has not expired. 23
(c) To any person who is an habitual drunkard or who is 24
addicted to the use of other narcotic drugs. 25
(d) To any person who would not be able by reason of 26
physical or mental disability to operate a motor vehicle on the 27
highways with safety. However, persons who have one (1) arm or 28
leg, or have arms or legs deformed, and are driving a car provided 29
with mechanical devices whereby the person is able to drive in a 30
safe manner over the highways, if otherwise qualified, shall 31
receive an operator's license the same as other persons. 32
Moreover, deafness shall not be a bar to obtaining a license. 33
(e) To any person as an operator who has previously 34
been adjudged to be afflicted with and suffering from any mental 35
disability and who has not at time of application been restored to 36
mental competency. 37
(f) To any person under the age of eighteen (18) years 38
who does not at the time of application present a diploma or other 39
certificate of high school graduation or a general educational 40
development certificate issued to the person in this state or any 41
other state; or on whose behalf documentation has not been 42
received by the Department of Public Safety from that person or a 43
school official verifying that the person: 44
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(i) Is enrolled and making satisfactory progress 45
in a course leading to a general educational development 46
certificate; 47
(ii) Is enrolled in school in this state or any 48
other state; 49
(iii) Is enrolled in a "nonpublic school," as such 50
term is defined in Section 37-13-91(2)(i); or 51
(iv) Is unable to attend any school program due to 52
circumstances deemed acceptable as set out in Section 63-1-10. 53
(g) To any person under the age of eighteen (18) years 54
who has been convicted under Section 63-11-30. 55
(h) Beginning on July 1, 2027, to any person who has 56
not previously obtained a driver's license unless that person has 57
successfully completed a Driver Education and Training Program 58
certified by the State Board of Education or the Department of 59
Public Safety; provided, however, a person under the age of 60
eighteen (18) shall be able to receive a learner's permit as 61
otherwise provided in this article. 62
(i) To any person who is not a United States citizen or 63
resident of Mississippi. 64
(2) All permits and licenses issued to an individual under 65
the age of eighteen (18) shall be issued as follows: 66
(a) A learner's permit may be issued to any person who 67
is at least fifteen (15) years of age who otherwise meets the 68
requirements of this article. 69
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(b) A driver's license may be issued to any person who 70
is at least sixteen (16) years of age who otherwise meets the 71
requirements of this article and who has held a learner's permit 72
for at least one (1) year without any conviction under Section 73
63-11-30 or of a moving violation. Any conviction under Section 74
63-11-30 or of a moving violation shall restart the one-year 75
requirement for the holding of a learner's permit before an 76
applicant can qualify for a driver's license. 77
(c) An applicant for a driver's license who was unable 78
to make timely application for a learner's permit may have the 79
period in which he or she was eligible but unable to apply due to 80
a hardship credited toward the one-year requirement for the 81
holding of a learner's permit. The Department of Public Safety 82
shall set forth the criteria for which a hardship exception may be 83
granted, at the discretion of the department, to any individual 84
who has completed a Driver Education and Training Program 85
certified by the Board of Education or the Department of Public 86
Safety. 87
(d) An applicant for a Mississippi driver's license 88
who, at the time of application, is at least sixteen (16) years of 89
age and who has held a valid motor vehicle driver's license issued 90
by another state for at least six (6) months shall not be required 91
to hold a learner's permit before being issued a driver's license. 92
(e) In addition to the restrictions set forth in 93
Section 63-1-21(3), the commissioner may establish rules, 94
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regulations and restrictions for the operation of a motor vehicle 95
during the first twelve (12) months that an individual under the 96
age of eighteen (18) possesses a license. 97
(f) Beginning July 1, 2026, the Department of Public 98
Safety shall establish a Driver Education and Training Program to 99
be taught throughout the state and made available for home school 100
students and adults who have not otherwise taken a driver's 101
education course. Upon completion of the course, each participant 102
shall be issued a Certificate of Completion, and a record of the 103
certificate shall be delivered to the Mississippi Driver Service 104
Bureau. 105
(3) The commissioner shall ensure that the learner's permit 106
and driver's license issued under this article are clear, distinct 107
and easily distinguishable from one another. 108
SECTION 2. Section 63-1-19, Mississippi Code of 1972, is 109
amended as follows: 110
63-1-19. (1) (a) Every applicant for a license or permit 111
issued pursuant to this article, or for renewal of such license or 112
permit, shall file an application for such license, permit or 113
renewal, on a form provided by the Department of Public Safety, 114
with the commissioner or an official license examiner of the 115
department. All persons not holding valid, unexpired licenses 116
issued in this state shall be required to secure an original 117
license, except those specifically exempted from licensing under 118
Section 63-1-7. The application shall state the name, date of 119
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birth, the social security number of the applicant unless the 120
applicant is not a United States citizen and does not possess a 121
social security number issued by the United States government, 122
sex, race, color of eyes, color of hair, weight, height and 123
residence address, and whether or not the applicant's privilege to 124
drive has been suspended or revoked at any time, and, if so, when, 125
by whom, and for what cause, and whether any previous application 126
by him has been denied, and whether he has any physical defects 127
which would interfere with his operating a motor vehicle safely 128
upon the highways. 129
(b) Every applicant for an original license shall show 130
proof of domicile in this state. The commissioner shall 131
promulgate any rules and regulations necessary to enforce this 132
requirement and shall prescribe the means by which an applicant 133
for an original license may show domicile in this state. Proof of 134
domicile shall not be required of applicants under eighteen (18) 135
years of age. 136
(c) Unless the applicant is not a United States citizen 137
and does not possess a social security number issued by the United 138
States government, each application or filing made under this 139
section shall include the social security number(s) of the 140
applicant in accordance with Section 93-11-64, Mississippi Code of 141
1972. 142
(d) Any person who is not a United States citizen or 143
resident of Mississippi, upon the expiration of his or her 144
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driver's license or learner's permit, shall not be entitled to 145
have the license issued or renewed until such time that 146
documentation in the form of a certificate of naturalization, 147
which shall be provided at the time of application for the 148
issuance of a driver's license or learner's permit. Until such 149
time as proof of naturalization is presented, the person shall 150
only be entitled to receive a state-issued identification card. 151
(2) No person who is illegally in the United States or 152
Mississippi shall be issued a license. The application of a 153
person who is not a United States citizen and who does not possess 154
a social security number issued by the United States government 155
shall state the name, date of birth, sex, race, color of eyes, 156
color of hair, weight, height and residence address, and whether 157
or not the applicant's privilege to drive has been suspended or 158
revoked at any time, and, if so, when, by whom, and for what 159
cause, and whether any previous application by him has been 160
denied, and whether he has any physical defects which would 161
interfere with his operating a motor vehicle safely upon the 162
highways. The commissioner shall adopt and promulgate such rules 163
and regulations as he deems appropriate requiring additional 164
documents, materials, information or physical evidence to be 165
provided by the applicant as may be necessary to establish the 166
identity of the applicant and that the applicant is not present in 167
the United States or the State of Mississippi illegally. 168
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(3) Whenever a person who has applied for or who has been 169
issued a license or permit under this article moves from the 170
address listed in the application or on the permit or license, or 171
whenever the name of a licensee changes by marriage or otherwise, 172
such person, within thirty (30) days thereafter, shall notify, in 173
writing, the Department of Public Safety, Driver Services 174
Division, and inform the department of his or her previous address 175
and new address and of his or her former name and new name. The 176
department shall not change the name of a licensee or permittee on 177
his or her license or permit unless the applicant appears in 178
person at an office of the department and provides a certified 179
copy of his or her marriage license, court order, birth 180
certificate or divorce decree changing the licensee's or 181
permittee's name. 182
(4) (a) Any male who is at least eighteen (18) years of age 183
but less than twenty-six (26) years of age and who applies for a 184
permit or license or a renewal of a permit or license under this 185
chapter shall be registered in compliance with the requirements of 186
Section 3 of the Military Selective Service Act, 50 USCS Section 187
3802, as amended. 188
(b) The department shall forward in an electronic 189
format the necessary personal information of the applicant to the 190
Selective Service System. The applicant's submission of the 191
application shall serve as an indication that the applicant either 192
has already registered with the Selective Service System or that 193
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he is authorizing the department to forward to the Selective 194
Service System the necessary information for registration. The 195
commissioner shall notify the applicant on, or as a part of, the 196
application that his submission of the application will serve as 197
his consent to registration with the Selective Service System, if 198
so required. The commissioner also shall notify any male 199
applicant under the age of eighteen (18) that he will be 200
registered upon turning age eighteen (18) as required by federal 201
law. 202
SECTION 3. Section 63-1-35, Mississippi Code of 1972, is 203
amended as follows: 204
63-1-35. (1) The Commissioner of Public Safety shall 205
prescribe the form of license issued pursuant to this article 206
which shall, among other features, include a driver's license 207
number assigned by the Department of Public Safety. A licensee 208
shall list his social security number with the department which 209
shall cross reference the social security number with the driver's 210
license number for purposes of identification. Additionally, each 211
license shall bear a full-face color photograph of the licensee in 212
such form that the license and the photograph cannot be separated. 213
The photograph shall be taken so that one (1) exposure will 214
photograph the applicant and the application simultaneously on the 215
same film. The department shall use a process in the issuance of 216
a license with a color photograph that shall prevent as nearly as 217
possible any alteration, counterfeiting, duplication, 218
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reproduction, forging or modification of the license or the 219
superimposition of a photograph without ready detection. The 220
photograph shall be replaced by the department at the time of 221
renewal. Drivers' licenses, including photographs appearing 222
thereon, may be renewed by electronic means according to rules and 223
regulations promulgated by the commissioner in conformity to 224
Section 27-104-33. 225
(2) The commissioner shall * * * not issue a driver's 226
license to applicants who are not United States citizens and who 227
do not possess a social security number issued by the United 228
States government, until such time that the applicant becomes a 229
naturalized citizen who presents documentation of citizenship in 230
the form of a certificate of naturalization which shall be 231
presented at the time of application, as required by Section 232
63-1-19(1)(d). The license of such persons shall include a number 233
and/or other identifying features. The commissioner shall 234
prescribe the form of identification card issued person who are 235
not United States citizens. 236
(3) Any new, renewal or duplicate driver's license, 237
temporary driving permit or commercial driver's license issued to 238
a person required to register as a sex offender pursuant to 239
Section 45-33-25 shall bear a designation identifying the licensee 240
or permittee as a sex offender. 241
(4) The commissioner is authorized to provide the new, 242
renewal or duplicate driver's license, temporary driving permit or 243
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commercial driver's license to any honorably discharged veteran as 244
defined in Title 38 of the United States Code, and such license or 245
permit shall exhibit the letters "Vet" or any other mark 246
identifying the person as a veteran. The veteran requesting the 247
"Vet" designation shall present his DD-214, Military Retiree 248
Identification Card, United States Department of Veterans Affairs 249
Medical Identification Card, United States Department of Veterans 250
Affairs Identification Card or National Guard Form NGB 22. The 251
veteran requesting the "Vet" designation may present his DD-214, 252
Military Retiree Identification Card, United States Department of 253
Veterans Affairs Medical Identification Card, United States 254
Department of Veterans Affairs Identification Card or National 255
Guard Form NGB 22 in person at the Mississippi Department of 256
Public Safety Driver's License Station. 257
(5) Not later than July 1, 2021, the commissioner shall 258
develop and implement a driver's license or driving permit in 259
electronic format as an additional option for license or permit 260
holders. Acceptable electronic formats include display of 261
electronic images on a cellular phone or any other type of 262
electronic device. 263
(6) If false documents are provided by an individual for 264
purposes of obtaining a veteran driver's license, such action 265
shall be considered fraudulent use of identity under Section 266
97-19-85, Mississippi Code of 1972, and shall be punishable, upon 267
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conviction, as a felony pursuant to the provisions of that 268
section. 269
SECTION 4. Section 63-1-47, Mississippi Code of 1972, is 270
amended as follows: 271
63-1-47. (1) (a) Except as otherwise provided in this 272
section, each applicant for an original or renewal Class R or 273
Class D license issued pursuant to this article, who is entitled 274
to issuance of same, shall be issued a four-year license or an 275
eight-year license, at the option of the applicant, which will 276
expire at midnight on the licensee's birthday and may be renewed 277
any time within six (6) months before the expiration of the 278
license upon application and payment of the required fee, unless 279
required to be reexamined. 280
(b) The term of an ignition-interlock-restricted 281
license issued under this article shall be four (4) years. 282
(2) Any commercial driver's license issued under Article 5 283
of this chapter shall be issued for a five-year term to expire at 284
midnight on the licensee's birthday. 285
(3) (a) All applications by an operator under eighteen (18) 286
years of age must be accompanied by documentation that the 287
applicant is in compliance with the education requirements of 288
Section 63-1-9(1)(g), and the documentation used in establishing 289
compliance must be dated no more than thirty (30) days before the 290
date of application. 291
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(b) All applications by an operator under eighteen (18) 292
years of age, if applicable, must be accompanied by documentation 293
signed and notarized by the parent or guardian of the applicant 294
and the appropriate school official, authorizing the release of 295
the applicant's attendance records to the Department of Public 296
Safety as required under Section 63-1-10. 297
(c) The commissioner shall suspend the driver's license 298
or learner's permit of a student under eighteen (18) years of age 299
who has been reported by the Department of Education as required 300
by Section 63-1-10.1, and shall give notice of the suspension to 301
the licensee as provided in Section 63-1-52(4). A school 302
superintendent or designee may request that the driver's license 303
or learner's permit that has been suspended under the provisions 304
of this subsection be reinstated after the student has 305
successfully completed nine (9) weeks of school attendance without 306
an unlawful absence. 307
(4) (a) Any original or renewal license issued under this 308
chapter to a person who is not a United States citizen shall 309
expire four (4) years from the date of issuance or on the 310
expiration date of the applicant's authorized stay in the United 311
States, whichever is the lesser period of time, and may only be 312
renewed, if the person is otherwise qualified to renew the license 313
in accordance with Section 63-1-19(1)(d) and 63-1-35(2), within 314
thirty (30) days of expiration. The fee for any such license and 315
for renewal shall be as prescribed in Section 63-1-43. 316
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(b) Any applicant for an original or renewal license 317
under this subsection (4) must present valid documentary evidence 318
documenting that the applicant: 319
(i) Is a citizen or national of the United States; 320
(ii) Is an alien lawfully admitted for permanent 321
or temporary residence in the United States; 322
(iii) Has conditional permanent residence status 323
in the United States; 324
(iv) Has an approved application for asylum in the 325
United States or has entered into the United States in refugee 326
status; 327
(v) Has a valid, unexpired nonimmigrant visa or 328
nonimmigrant visa status for entry into or lawful presence in the 329
United States; 330
(vi) Has a pending application for asylum in the 331
United States; 332
(vii) Has a pending or approved application for 333
temporary protected status in the United States; 334
(viii) Has approved deferred-action status; 335
(ix) Has a pending application for adjustment of 336
status to that of an alien lawfully admitted for permanent 337
residence in the United States or conditional permanent resident 338
status in the United States; or 339
(x) Has a valid employment authorization card 340
issued by the United States Department of Homeland Security. 341
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ST: Driver's license; prohibit to non U.S.
citizens.
(5) For any driver's license issued under this chapter, the 342
Department of Public Safety shall send an email and text message 343
notification of an upcoming driver's license expiration date to 344
the known emails and phone numbers authorized by license holders 345
for such notices not less than thirty (30) days before the 346
expiration date of that license. 347
SECTION 5. This act shall take effect and be in force from 348
and after July 1, 2026. 349