Driver's license; authorize issuance of hardship license to persons suspended for being out of compliance with order for support.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Clark

HOUSE BILL NO. 25

AN ACT TO AUTHORIZE THE ISSUANCE OF A HARDSHIP DRIVER'S 1
LICENSE TO A PERSON WHOSE LICENSE HAS BEEN SUSPENDED AS A RESULT 2
OF BEING OUT OF COMPLIANCE WITH AN ORDER FOR SUPPORT; TO REQUIRE A 3
PERSON TO ESTABLISH PROOF OF HARDSHIP; TO AMEND SECTION 63-1-43, 4
MISSISSIPPI CODE OF 1972, TO ESTABLISH A FEE FOR A HARDSHIP 5
LICENSE AND PROVIDE THAT A PERSON HOLDING A HARDSHIP LICENSE MAY 6
ONLY DRIVE TO WORK AND RELIGIOUS SERVICES; TO AMEND SECTION 7
63-1-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TERM OF A 8
HARDSHIP LICENSE SHALL BE FOUR YEARS; TO AMEND SECTIONS 63-1-5 and 9
93-11-157, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE 10
PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. (1) Whenever a person's driver's license has 13
been suspended under Section 93-11-157 or 93-11-163 for being out 14
of compliance with an order for support, such person may petition 15
the chancery court of the county in which the licensee resides or 16
the Chancery Court of the First Judicial District of Hinds County, 17
Mississippi, within thirty (30) days after a licensing entity 18
suspends the license, for an order authorizing such person to be 19
issued a hardship license. 20
(2) (a) The court may grant the person hardship driving 21
privileges if it finds reasonable cause to believe that suspension 22
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of full driving privileges would hinder the person's ability to 23
continue his or her employment. 24
(b) Proof of the hardship shall be established by clear 25
and convincing evidence, which shall be supported by independent 26
documentation, and must include a recommendation letter from the 27
Mississippi Department of Human Services stating they have reason 28
to believe the person should receive a hardship license. 29
(3) Upon receiving a court order that grants a person 30
hardship driving privileges, the person shall take the order and a 31
hardship driver's license application form, prescribed by the 32
Mississippi Department of Public Safety, to a driver's licensing 33
location to be issued a hardship driver's license. 34
(4) The hardship driver's license issued under this section 35
shall be developed by the Mississippi Department of Public Safety 36
and shall look substantially different from a regular driver's 37
license. 38
(5) A hardship license cannot be issued to an applicant to 39
operate a commercial motor vehicle. 40
(6) (a) The Mississippi Department of Human Services shall 41
adopt regulations to carry out the provisions of subsection (2)(b) 42
of this section. 43
(b) The Mississippi Department of Public Safety shall 44
adopt regulations as necessary to carry out the provisions of this 45
section. 46
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SECTION 2. Section 63-1-43, Mississippi Code of 1972, is 47
amended as follows: 48
63-1-43. (1) The commissioner shall charge and collect the 49
following fees: 50
(a) Fees to which the card stock fee authorized in 51
Section 45-1-21 shall be added: 52
Class R original or renewal four-year license 53
authorized in Section 63-1-5................................ $18.00 54
Class R original or renewal eight-year license 55
authorized in Section 63-1-5................................ $36.00 56
Class D original or renewal four-year license 57
authorized in Section 63-1-47............................... $23.00 58
Class D original or renewal eight-year license 59
authorized in Section 63-1-47............................... $46.00 60
Four-year Identification Card authorized in 61
Section 45-35-7............................................. $11.00 62
Eight-year Identification Card authorized in 63
Section 45-35-7............................................. $22.00 64
Eight-year Identification Card for the blind 65
authorized in Section 45-35-7............................... $11.00 66
Four-year Disability Identification Card authorized in 67
Section 45-35-53............................................ $11.00 68
Learner's Permit authorized in 69
Section 63-1-21............................................. $ 1.00 70
Duplicate Identification Card or Disability 71
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Identification Card......................................... $ 5.00 72
Duplicate Class R or Class D license 73
authorized in Section 63-1-37............................... $ 5.00 74
Class A, B or C Commercial driver's license 75
authorized in Section 63-1-208.............................. $48.00 76
CDL Learner's Permit authorized in Section 63-1-208......... $10.00 77
Duplicate CDL or CDL learner's permit....................... $ 5.00 78
Ignition-Interlock-Restricted License 79
authorized in Section 63-11-31.............................. $50.00 80
(b) Driver services fees to which the card stock fee 81
authorized in Section 45-1-21 is not added: 82
Temporary Motorcycle Permit................................. $ 1.00 83
Four-year or eight-year Motorcycle Endorsement.............. $ 5.00 84
Late Renewal Fee............................................ $ 1.00 85
Four-year Identification Card upon medical reason for 86
surrender of a driver's license as authorized in 87
Section 45-35-7 (one (1) time only)......................... No fee 88
Hazardous Materials Background Check (federal).............. $63.00 89
Hazardous Materials Background Check (state)................ $37.00 90
CDL Application Fee......................................... $25.00 91
CDL Endorsements: 92
Tanker Endorsement.......................................... $ 5.00 93
Doubles/Triples Endorsement................................. $ 5.00 94
Passenger Endorsement....................................... $ 5.00 95
Hazardous Materials Endorsement............................. $ 5.00 96
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School Bus Endorsement...................................... $ 5.00 97
Hardship License authorized in Section 1 of this act........$25.00 98
(c) In addition to the fees required in this section, 99
an applicant may contribute an additional One Dollar ($1.00) which 100
shall be deposited into the Statewide Litter Prevention Fund. The 101
applicant shall be informed that he may contribute an additional 102
One Dollar ($1.00) which shall be deposited into the Statewide 103
Litter Prevention Fund and shall be expended solely for the 104
purpose of funding litter prevention projects or litter education 105
programs, as recommended by the Statewide Litter Prevention 106
Program of Keep Mississippi Beautiful, Inc. 107
(d) Starting January 1, 2021, for any original or 108
renewal license for which the fee is greater than Ten Dollars 109
($10.00), if the applicant brings all required documentation but 110
does not receive his or her license within two and one-half 111
(2-1/2) hours of entering and remaining at the license station, 112
Ten Dollars ($10.00) shall be deducted from the total amount owed 113
for the license. 114
(2) All originals and renewals of operators' licenses shall 115
be in compliance with Section 63-1-47. 116
(3) Notwithstanding any provision of law to the contrary in 117
this section, the commissioner shall waive the driver's license or 118
learner's permit fee for any applicant in the custody of the 119
Department of Child Protection Services. 120
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SECTION 3. Section 63-1-47, Mississippi Code of 1972, is 121
amended as follows: 122
63-1-47. (1) (a) Except as otherwise provided in this 123
section, each applicant for an original or renewal Class R or 124
Class D license issued pursuant to this article, who is entitled 125
to issuance of same, shall be issued a four-year license or an 126
eight-year license, at the option of the applicant, which will 127
expire at midnight on the licensee's birthday and may be renewed 128
any time within six (6) months before the expiration of the 129
license upon application and payment of the required fee, unless 130
required to be reexamined. 131
(b) The term of an ignition-interlock-restricted 132
license issued under this article shall be four (4) years. 133
(c) The term of a hardship license issued under Section 134
1 of this act shall be four (4) years. 135
(2) Any commercial driver's license issued under Article 5 136
of this chapter shall be issued for a five-year term to expire at 137
midnight on the licensee's birthday. 138
(3) (a) All applications by an operator under eighteen (18) 139
years of age must be accompanied by documentation that the 140
applicant is in compliance with the education requirements of 141
Section 63-1-9(1)(g), and the documentation used in establishing 142
compliance must be dated no more than thirty (30) days before the 143
date of application. 144
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(b) All applications by an operator under eighteen (18) 145
years of age, if applicable, must be accompanied by documentation 146
signed and notarized by the parent or guardian of the applicant 147
and the appropriate school official, authorizing the release of 148
the applicant's attendance records to the Department of Public 149
Safety as required under Section 63-1-10. 150
(c) The commissioner shall suspend the driver's license 151
or learner's permit of a student under eighteen (18) years of age 152
who has been reported by the Department of Education as required 153
by Section 63-1-10.1, and shall give notice of the suspension to 154
the licensee as provided in Section 63-1-52(4). A school 155
superintendent or designee may request that the driver's license 156
or learner's permit that has been suspended under the provisions 157
of this subsection be reinstated after the student has 158
successfully completed nine (9) weeks of school attendance without 159
an unlawful absence. 160
(4) (a) Any original or renewal license issued under this 161
chapter to a person who is not a United States citizen shall 162
expire four (4) years from the date of issuance or on the 163
expiration date of the applicant's authorized stay in the United 164
States, whichever is the lesser period of time, and may be 165
renewed, if the person is otherwise qualified to renew the 166
license, within thirty (30) days of expiration. The fee for any 167
such license and for renewal shall be as prescribed in Section 168
63-1-43. 169
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(b) Any applicant for an original or renewal license 170
under this subsection (4) must present valid documentary evidence 171
documenting that the applicant: 172
(i) Is a citizen or national of the United States; 173
(ii) Is an alien lawfully admitted for permanent 174
or temporary residence in the United States; 175
(iii) Has conditional permanent residence status 176
in the United States; 177
(iv) Has an approved application for asylum in the 178
United States or has entered into the United States in refugee 179
status; 180
(v) Has a valid, unexpired nonimmigrant visa or 181
nonimmigrant visa status for entry into or lawful presence in the 182
United States; 183
(vi) Has a pending application for asylum in the 184
United States; 185
(vii) Has a pending or approved application for 186
temporary protected status in the United States; 187
(viii) Has approved deferred-action status; 188
(ix) Has a pending application for adjustment of 189
status to that of an alien lawfully admitted for permanent 190
residence in the United States or conditional permanent resident 191
status in the United States; or 192
(x) Has a valid employment authorization card 193
issued by the United States Department of Homeland Security. 194
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(5) For any driver's license issued under this chapter, the 195
Department of Public Safety shall send an email and text message 196
notification of an upcoming driver's license expiration date to 197
the known emails and phone numbers authorized by license holders 198
for such notices not less than thirty (30) days before the 199
expiration date of that license. 200
SECTION 4. Section 63-1-5, Mississippi Code of 1972, is 201
amended as follows: 202
63-1-5. (1) (a) No person shall drive or operate a motor 203
vehicle or an autocycle as defined in Section 63-3-103 upon the 204
highways of the State of Mississippi without first securing an 205
operator's license to drive on the highways of the state, unless 206
specifically exempted by Section 63-1-7. 207
(b) The types of operator's licenses are: 208
(i) Class R; 209
(ii) Class D; 210
(iii) Class A, B or C commercial license governed 211
by Article 5 of this chapter; * * * 212
(iv) Interlock-restricted license as prescribed in 213
Section 63-11-31 * * * and 214
(v) Hardship license as authorized in Section 1 of 215
this act. 216
(2) (a) Every person who makes application for an original 217
license or a renewal license to operate any single vehicle with a 218
gross weight rating of less than twenty-six thousand one (26,001) 219
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pounds or any vehicle towing a vehicle with a gross vehicle weight 220
rating not in excess of ten thousand (10,000) pounds other than 221
vehicles included in Class C, vehicles which require a special 222
endorsement, or to operate a vehicle as a common carrier by motor 223
vehicle, taxicab, passenger coach, dray, contract carrier or 224
private commercial carrier as defined in Section 27-19-3, other 225
than those vehicles for which a Class A, B or C license is 226
required under Article 5 of this chapter, may, in lieu of the 227
Class R regular driver's license, apply for and obtain a Class D 228
driver's license. The fee for the issuance of a Class D driver's 229
license shall be as set forth in Section 63-1-43 and the Class D 230
license shall be valid for the term prescribed in Section 63-1-47. 231
Except as required under Article 5 of this chapter, no driver of a 232
pickup truck shall be required to have a Class D or a commercial 233
license regardless of the purpose for which the pickup truck is 234
used. 235
(b) Persons operating vehicles listed in paragraph (a) 236
of this subsection for private purposes or in emergencies need not 237
obtain a Class D license. 238
(3) An interlock-restricted license allows a person to drive 239
only a motor vehicle equipped with an ignition-interlock device. 240
(4) A person who violates this section is guilty of a 241
misdemeanor and, upon conviction, may be punished by imprisonment 242
for not less than two (2) days nor more than six (6) months, by a 243
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fine of not less than Two Hundred Dollars ($200.00) nor more than 244
Five Hundred Dollars ($500.00), or both. 245
SECTION 5. Section 93-11-157, Mississippi Code of 1972, is 246
amended as follows: 247
93-11-157. (1) The division shall review the information 248
received under Section 93-11-155 and any other information 249
available to the division, and shall determine if a licensee is 250
out of compliance with an order for support. If a licensee is out 251
of compliance with the order for support, the division shall 252
notify the licensee by first class mail that ninety (90) days 253
after the licensee receives the notice of being out of compliance 254
with the order, the licensing entity will be notified to 255
immediately suspend the licensee's license unless the licensee 256
pays the arrearage owing, according to the accounting records of 257
the Mississippi Department of Human Services or the attorney 258
representing the party to whom support is due, as the case may be, 259
or enters into a stipulated agreement and agreed judgment 260
establishing a schedule for the payment of the arrearage. The 261
licensee shall be presumed to have received the notice five (5) 262
days after it is deposited in the mail. 263
(2) Upon receiving the notice provided in subsection (1) of 264
this section the licensee may: 265
(a) Request a review with the division; however, the 266
issues the licensee may raise at the review are limited to whether 267
the licensee is the person required to pay under the order for 268
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support and whether the licensee is out of compliance with the 269
order for support; or 270
(b) Request to participate in negotiations with the 271
division for the purpose of establishing a payment schedule for 272
the arrearage. 273
(3) The division director or the designees of the division 274
director may and, upon request of a licensee, shall negotiate with 275
a licensee to establish a payment schedule for the arrearage. 276
Payments made under the payment schedule shall be in addition to 277
the licensee's ongoing obligation under the latest entered 278
periodic order for support. 279
(4) Should the division and the licensee reach an agreement 280
on a payment schedule for the arrearage, the division director may 281
submit to the court a stipulated agreement and agreed judgment 282
containing the payment schedule which, upon the court's approval, 283
is enforceable as any order of the court. If the court does not 284
approve the stipulated agreement and agreed judgment, the court 285
may require a hearing on a case-by-case basis for the judicial 286
review of the payment schedule agreement. 287
(5) If the licensee and the division do not reach an 288
agreement on a payment schedule for the arrearage, the licensee 289
may move the court to establish a payment schedule. However, this 290
action does not stay the license suspension. 291
(6) The notice given to a licensee that the licensee's 292
license will be suspended in ninety (90) days must clearly state 293
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the remedies and procedures that are available to a licensee under 294
this section. 295
(7) If at the end of the ninety (90) days the licensee has 296
an arrearage according to the accounting records of the 297
Mississippi Department of Human Services or the attorney 298
representing the party to whom support is due, as the case may be, 299
and the licensee has not entered into a stipulated agreement and 300
agreed judgment establishing a payment schedule for the arrearage, 301
the division shall immediately notify all applicable licensing 302
entities in writing to suspend the licensee's license, and the 303
licensing entities shall immediately suspend the license and shall 304
within three (3) business days notify the licensee and the 305
licensee's employer, where known, of the license suspension and 306
the date of such suspension by certified mail return receipt 307
requested. Within forty-eight (48) hours of receipt of a request 308
in writing delivered personally, by mail or by electronic means, 309
the department shall furnish to the licensee, licensee's attorney 310
or other authorized representative a copy of the department's 311
accounting records of the licensee's payment history. A licensing 312
entity shall immediately reinstate the suspended license upon the 313
division's notification of the licensing entities in writing that 314
the licensee no longer has an arrearage or that the licensee has 315
entered into a stipulated agreement and agreed judgment. 316
(8) Within thirty (30) days after a licensing entity 317
suspends the licensee's license at the direction of the division 318
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under subsection (7) of this section, the licensee may appeal the 319
license suspension to the chancery court of the county in which 320
the licensee resides or to the Chancery Court of the First 321
Judicial District of Hinds County, Mississippi, upon giving bond 322
with sufficient sureties in the amount of Two Hundred Dollars 323
($200.00), approved by the clerk of the chancery court and 324
conditioned to pay any costs that may be adjudged against the 325
licensee. Notice of appeal shall be filed in the office of the 326
clerk of the chancery court. If there is an appeal, the appeal 327
may, in the discretion of and on motion to the chancery court, act 328
as a supersedeas of the license suspension. The department shall 329
be the appellee in the appeal, and the licensing entity shall not 330
be a party in the appeal. The chancery court shall dispose of the 331
appeal and enter its decision within thirty (30) days of the 332
filing of the appeal. The hearing on the appeal may, in the 333
discretion of the chancellor, be tried in vacation. The decision 334
of the chancery court may be appealed to the Supreme Court in the 335
manner provided by the rules of the Supreme Court. In the 336
discretion of and on motion to the chancery court, no person shall 337
be allowed to practice any business, occupation or profession or 338
take any other action under the authority of any license the 339
suspension of which has been affirmed by the chancery court while 340
an appeal to the Supreme Court from the decision of the chancery 341
court is pending. 342
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(9) If a licensee who has entered a stipulated agreement and 343
agreed judgment for the payment of an arrearage under this section 344
subsequently is out of compliance with an order for support, the 345
division shall immediately notify the licensing entity to suspend 346
the licensee's license, and the licensing entity shall immediately 347
suspend the license without a hearing and shall within three (3) 348
business days notify the licensee in writing of the license 349
suspension. In the case of a license suspension under the 350
provisions of this subsection, the procedures provided for under 351
subsections (1) and (2) of this section are not required; however, 352
the appeal provisions of subsection (8) of this section still 353
apply. After suspension of the license, if the licensee 354
subsequently enters into a stipulated agreement and agreed 355
judgment or the licensee otherwise informs the division of 356
compliance with the order for support, the division shall within 357
seven (7) days notify in writing the licensing entity that the 358
licensee is in compliance. Upon receipt of that notice from the 359
division, a licensing entity shall immediately reinstate the 360
license of the licensee and shall within three (3) business days 361
notify the licensee of the reinstatement. 362
(10) Nothing in this section prohibits a licensee from 363
filing a motion for the modification of an order for support or 364
for any other applicable relief. However, no such action shall 365
stay the license suspension procedure, except as may be allowed 366
under subsection (8) of this section. 367
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(11) If a license is suspended under the provisions of this 368
section, the licensing entity is not required to refund any fees 369
paid by a licensee in connection with obtaining or renewing a 370
license. 371
(12) The requirement of a licensing entity to suspend a 372
license under this section does not affect the power of the 373
licensing entity to deny, suspend, revoke or terminate a license 374
for any other reason. 375
(13) The procedure for suspension of a license for being out 376
of compliance with an order for support, and the procedure for the 377
reissuance or reinstatement of a license suspended for that 378
purpose, shall be governed by this section and not by the general 379
licensing and disciplinary provisions applicable to a licensing 380
entity, except as provided in Section 1 of this act. Actions 381
taken by a licensing entity in suspending a license when required 382
by this section are not actions from which an appeal may be taken 383
under the general licensing and disciplinary provisions applicable 384
to the licensing entity. Any appeal of a license suspension that 385
is required by this section shall be taken in accordance with the 386
appeal procedure specified in subsection (8) of this section 387
rather than any procedure specified in the general licensing and 388
disciplinary provisions applicable to the licensing entity. If 389
there is any conflict between any provision of this section and 390
any provision of the general licensing and disciplinary provisions 391
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ST: Driver's license; authorize issuance of
hardship license to persons suspended for being
out of compliance with order for support.
applicable to a licensing entity, the provisions of this section 392
shall control. 393
(14) No license shall be suspended under this section until 394
ninety (90) days after July 1, 1996. This ninety-day period shall 395
be a one-time amnesty period in which any person who may be 396
subject to license suspension under this article may comply with 397
an order of support in order to avoid the suspension of any 398
license. 399
(15) Any individual who fails to comply with a subpoena or 400
warrant relating to paternity or child support proceedings after 401
receiving appropriate notice may be subject to suspension or 402
withholding of issuance of a license under this section. 403
SECTION 6. This act shall take effect and be in force from 404
and after July 1, 2026. 405