Driver's license; authorize issuance of hardship license for those suspended due to noncompliance with an order of support.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Karriem

HOUSE BILL NO. 406

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, 9
93-11-157 AND 93-11-163, MISSISSIPPI CODE OF 1972, IN CONFORMITY 10
WITH THE 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 in which the licensee resides or the Chancery 16
Court of the First Judicial District of Hinds County, Mississippi, 17
for an order authorizing such person to be issued a hardship 18
license. 19
(2) (a) The court may grant the person hardship driving 20
privileges if it finds reasonable cause to believe that suspension 21
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of full driving privileges would hinder the person's ability to 22
continue his or her employment. 23
(b) Proof of the hardship shall be established by clear 24
and convincing evidence, which shall be supported by independent 25
documentation, and must include a recommendation letter from the 26
Mississippi Department of Human Services stating they have reason 27
to believe the person should receive a hardship license. 28
(3) Upon receiving a court order that grants a person 29
hardship driving privileges, the person shall take the order and a 30
hardship driver's license application form, prescribed by the 31
Mississippi Department of Public Safety, to a driver's licensing 32
location to be issued a hardship driver's license. 33
(4) The hardship driver's license issued under this section 34
shall be developed by the Mississippi Department of Public Safety 35
and shall look substantially different from a regular driver's 36
license. 37
(5) A hardship license cannot be issued to an applicant to 38
operate a commercial motor vehicle. 39
(6) (a) The Mississippi Department of Human Services shall 40
adopt regulations to carry out the provisions of subsection (2)(b) 41
of this section. 42
(b) The Mississippi Department of Public Safety shall 43
adopt regulations as necessary to carry out the provisions of this 44
section. 45
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SECTION 2. Section 63-1-43, Mississippi Code of 1972, is 46
amended as follows: 47
63-1-43. (1) The commissioner shall charge and collect the 48
following fees: 49
(a) Fees to which the card stock fee authorized in 50
Section 45-1-21 shall be added: 51
Class R original or renewal four-year license 52
authorized in Section 63-1-5................................ $18.00 53
Class R original or renewal eight-year license 54
authorized in Section 63-1-5................................ $36.00 55
Class D original or renewal four-year license 56
authorized in Section 63-1-47............................... $23.00 57
Class D original or renewal eight-year license 58
authorized in Section 63-1-47............................... $46.00 59
Four-year Identification Card authorized in 60
Section 45-35-7............................................. $11.00 61
Eight-year Identification Card authorized in 62
Section 45-35-7............................................. $22.00 63
Eight-year Identification Card for the blind 64
authorized in Section 45-35-7............................... $11.00 65
Four-year Disability Identification Card authorized in 66
Section 45-35-53............................................ $11.00 67
Learner's Permit authorized in 68
Section 63-1-21............................................. $ 1.00 69
Duplicate Identification Card or Disability 70
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Identification Card......................................... $ 5.00 71
Duplicate Class R or Class D license 72
authorized in Section 63-1-37............................... $ 5.00 73
Class A, B or C Commercial driver's license 74
authorized in Section 63-1-208.............................. $48.00 75
CDL Learner's Permit authorized in Section 63-1-208......... $10.00 76
Duplicate CDL or CDL learner's permit....................... $ 5.00 77
Ignition-Interlock-Restricted License 78
authorized in Section 63-11-31.............................. $50.00 79
(b) Driver services fees to which the card stock fee 80
authorized in Section 45-1-21 is not added: 81
Temporary Motorcycle Permit................................. $ 1.00 82
Four-year or eight-year Motorcycle Endorsement.............. $ 5.00 83
Late Renewal Fee............................................ $ 1.00 84
Four-year Identification Card upon medical reason for 85
surrender of a driver's license as authorized in 86
Section 45-35-7 (one (1) time only)......................... No fee 87
Hazardous Materials Background Check (federal).............. $63.00 88
Hazardous Materials Background Check (state)................ $37.00 89
CDL Application Fee......................................... $25.00 90
CDL Endorsements: 91
Tanker Endorsement.......................................... $ 5.00 92
Doubles/Triples Endorsement................................. $ 5.00 93
Passenger Endorsement....................................... $ 5.00 94
Hazardous Materials Endorsement............................. $ 5.00 95
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School Bus Endorsement...................................... $ 5.00 96
Hardship License authorized in Section 1 of this act....... $25.00 97
(c) In addition to the fees required in this section, 98
an applicant may contribute an additional One Dollar ($1.00) which 99
shall be deposited into the Statewide Litter Prevention Fund. The 100
applicant shall be informed that he may contribute an additional 101
One Dollar ($1.00) which shall be deposited into the Statewide 102
Litter Prevention Fund and shall be expended solely for the 103
purpose of funding litter prevention projects or litter education 104
programs, as recommended by the Statewide Litter Prevention 105
Program of Keep Mississippi Beautiful, Inc. 106
(d) Starting January 1, 2021, for any original or 107
renewal license for which the fee is greater than Ten Dollars 108
($10.00), if the applicant brings all required documentation but 109
does not receive his or her license within two and one-half 110
(2-1/2) hours of entering and remaining at the license station, 111
Ten Dollars ($10.00) shall be deducted from the total amount owed 112
for the license. 113
(2) All originals and renewals of operators' licenses shall 114
be in compliance with Section 63-1-47. 115
(3) Notwithstanding any provision of law to the contrary in 116
this section, the commissioner shall waive the driver's license or 117
learner's permit fee for any applicant in the custody of the 118
Department of Child Protection Services. 119
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SECTION 3. Section 63-1-47, Mississippi Code of 1972, is 120
amended as follows: 121
63-1-47. (1) (a) Except as otherwise provided in this 122
section, each applicant for an original or renewal Class R or 123
Class D license issued pursuant to this article, who is entitled 124
to issuance of same, shall be issued a four-year license or an 125
eight-year license, at the option of the applicant, which will 126
expire at midnight on the licensee's birthday and may be renewed 127
any time within six (6) months before the expiration of the 128
license upon application and payment of the required fee, unless 129
required to be reexamined. 130
(b) The term of an ignition-interlock-restricted 131
license issued under this article shall be four (4) years. 132
(c) The term of a hardship license issued under Section 133
1 of this act shall be four (4) years. 134
(2) Any commercial driver's license issued under Article 5 135
of this chapter shall be issued for a five-year term to expire at 136
midnight on the licensee's birthday. 137
(3) (a) All applications by an operator under eighteen (18) 138
years of age must be accompanied by documentation that the 139
applicant is in compliance with the education requirements of 140
Section 63-1-9(1)(g), and the documentation used in establishing 141
compliance must be dated no more than thirty (30) days before the 142
date of application. 143
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(b) All applications by an operator under eighteen (18) 144
years of age, if applicable, must be accompanied by documentation 145
signed and notarized by the parent or guardian of the applicant 146
and the appropriate school official, authorizing the release of 147
the applicant's attendance records to the Department of Public 148
Safety as required under Section 63-1-10. 149
(c) The commissioner shall suspend the driver's license 150
or learner's permit of a student under eighteen (18) years of age 151
who has been reported by the Department of Education as required 152
by Section 63-1-10.1, and shall give notice of the suspension to 153
the licensee as provided in Section 63-1-52(4). A school 154
superintendent or designee may request that the driver's license 155
or learner's permit that has been suspended under the provisions 156
of this subsection be reinstated after the student has 157
successfully completed nine (9) weeks of school attendance without 158
an unlawful absence. 159
(4) (a) Any original or renewal license issued under this 160
chapter to a person who is not a United States citizen shall 161
expire four (4) years from the date of issuance or on the 162
expiration date of the applicant's authorized stay in the United 163
States, whichever is the lesser period of time, and may be 164
renewed, if the person is otherwise qualified to renew the 165
license, within thirty (30) days of expiration. The fee for any 166
such license and for renewal shall be as prescribed in Section 167
63-1-43. 168
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(b) Any applicant for an original or renewal license 169
under this subsection (4) must present valid documentary evidence 170
documenting that the applicant: 171
(i) Is a citizen or national of the United States; 172
(ii) Is an alien lawfully admitted for permanent 173
or temporary residence in the United States; 174
(iii) Has conditional permanent residence status 175
in the United States; 176
(iv) Has an approved application for asylum in the 177
United States or has entered into the United States in refugee 178
status; 179
(v) Has a valid, unexpired nonimmigrant visa or 180
nonimmigrant visa status for entry into or lawful presence in the 181
United States; 182
(vi) Has a pending application for asylum in the 183
United States; 184
(vii) Has a pending or approved application for 185
temporary protected status in the United States; 186
(viii) Has approved deferred-action status; 187
(ix) Has a pending application for adjustment of 188
status to that of an alien lawfully admitted for permanent 189
residence in the United States or conditional permanent resident 190
status in the United States; or 191
(x) Has a valid employment authorization card 192
issued by the United States Department of Homeland Security. 193
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(5) For any driver's license issued under this chapter, the 194
Department of Public Safety shall send an email and text message 195
notification of an upcoming driver's license expiration date to 196
the known emails and phone numbers authorized by license holders 197
for such notices not less than thirty (30) days before the 198
expiration date of that license. 199
SECTION 4. Section 63-1-5, Mississippi Code of 1972, is 200
amended as follows: 201
63-1-5. (1) (a) No person shall drive or operate a motor 202
vehicle or an autocycle as defined in Section 63-3-103 upon the 203
highways of the State of Mississippi without first securing an 204
operator's license to drive on the highways of the state, unless 205
specifically exempted by Section 63-1-7. 206
(b) The types of operator's licenses are: 207
(i) Class R; 208
(ii) Class D; 209
(iii) Class A, B or C commercial license governed 210
by Article 5 of this chapter; * * * 211
(iv) Interlock-restricted license as prescribed in 212
Section 63-11-31 * * *; and 213
(v) Hardship license as authorized in Section 1 of 214
this act. 215
(2) (a) Every person who makes application for an original 216
license or a renewal license to operate any single vehicle with a 217
gross weight rating of less than twenty-six thousand one (26,001) 218
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pounds or any vehicle towing a vehicle with a gross vehicle weight 219
rating not in excess of ten thousand (10,000) pounds other than 220
vehicles included in Class C, vehicles which require a special 221
endorsement, or to operate a vehicle as a common carrier by motor 222
vehicle, taxicab, passenger coach, dray, contract carrier or 223
private commercial carrier as defined in Section 27-19-3, other 224
than those vehicles for which a Class A, B or C license is 225
required under Article 5 of this chapter, may, in lieu of the 226
Class R regular driver's license, apply for and obtain a Class D 227
driver's license. The fee for the issuance of a Class D driver's 228
license shall be as set forth in Section 63-1-43 and the Class D 229
license shall be valid for the term prescribed in Section 63-1-47. 230
Except as required under Article 5 of this chapter, no driver of a 231
pickup truck shall be required to have a Class D or a commercial 232
license regardless of the purpose for which the pickup truck is 233
used. 234
(b) Persons operating vehicles listed in paragraph (a) 235
of this subsection for private purposes or in emergencies need not 236
obtain a Class D license. 237
(3) An interlock-restricted license allows a person to drive 238
only a motor vehicle equipped with an ignition-interlock device. 239
(4) A person who violates this section is guilty of a 240
misdemeanor and, upon conviction, may be punished by imprisonment 241
for not less than two (2) days nor more than six (6) months, by a 242
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fine of not less than Two Hundred Dollars ($200.00) nor more than 243
Five Hundred Dollars ($500.00), or both. 244
SECTION 5. Section 93-11-157, Mississippi Code of 1972, is 245
amended as follows: 246
93-11-157. (1) The division shall review the information 247
received under Section 93-11-155 and any other information 248
available to the division, and shall determine if a licensee is 249
out of compliance with an order for support. If a licensee is out 250
of compliance with the order for support, the division shall 251
notify the licensee by first class mail that ninety (90) days 252
after the licensee receives the notice of being out of compliance 253
with the order, the licensing entity will be notified to 254
immediately suspend the licensee's license unless the licensee 255
pays the arrearage owing, according to the accounting records of 256
the Mississippi Department of Human Services or the attorney 257
representing the party to whom support is due, as the case may be, 258
or enters into a stipulated agreement and agreed judgment 259
establishing a schedule for the payment of the arrearage. The 260
licensee shall be presumed to have received the notice five (5) 261
days after it is deposited in the mail. 262
(2) Upon receiving the notice provided in subsection (1) of 263
this section the licensee may: 264
(a) Request a review with the division; however, the 265
issues the licensee may raise at the review are limited to whether 266
the licensee is the person required to pay under the order for 267
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support and whether the licensee is out of compliance with the 268
order for support; or 269
(b) Request to participate in negotiations with the 270
division for the purpose of establishing a payment schedule for 271
the arrearage. 272
(3) The division director or the designees of the division 273
director may and, upon request of a licensee, shall negotiate with 274
a licensee to establish a payment schedule for the arrearage. 275
Payments made under the payment schedule shall be in addition to 276
the licensee's ongoing obligation under the latest entered 277
periodic order for support. 278
(4) Should the division and the licensee reach an agreement 279
on a payment schedule for the arrearage, the division director may 280
submit to the court a stipulated agreement and agreed judgment 281
containing the payment schedule which, upon the court's approval, 282
is enforceable as any order of the court. If the court does not 283
approve the stipulated agreement and agreed judgment, the court 284
may require a hearing on a case-by-case basis for the judicial 285
review of the payment schedule agreement. 286
(5) If the licensee and the division do not reach an 287
agreement on a payment schedule for the arrearage, the licensee 288
may move the court to establish a payment schedule. However, this 289
action does not stay the license suspension. 290
(6) The notice given to a licensee that the licensee's 291
license will be suspended in ninety (90) days must clearly state 292
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the remedies and procedures that are available to a licensee under 293
this section. 294
(7) If at the end of the ninety (90) days the licensee has 295
an arrearage according to the accounting records of the 296
Mississippi Department of Human Services or the attorney 297
representing the party to whom support is due, as the case may be, 298
and the licensee has not entered into a stipulated agreement and 299
agreed judgment establishing a payment schedule for the arrearage, 300
the division shall immediately notify all applicable licensing 301
entities in writing to suspend the licensee's license, and the 302
licensing entities shall immediately suspend the license and shall 303
within three (3) business days notify the licensee and the 304
licensee's employer, where known, of the license suspension and 305
the date of such suspension by certified mail return receipt 306
requested. Within forty-eight (48) hours of receipt of a request 307
in writing delivered personally, by mail or by electronic means, 308
the department shall furnish to the licensee, licensee's attorney 309
or other authorized representative a copy of the department's 310
accounting records of the licensee's payment history. A licensing 311
entity shall immediately reinstate the suspended license upon the 312
division's notification of the licensing entities in writing that 313
the licensee no longer has an arrearage or that the licensee has 314
entered into a stipulated agreement and agreed judgment. 315
(8) Within thirty (30) days after a licensing entity 316
suspends the licensee's license at the direction of the division 317
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under subsection (7) of this section, the licensee may appeal the 318
license suspension to the chancery court of the county in which 319
the licensee resides or to the Chancery Court of the First 320
Judicial District of Hinds County, Mississippi, upon giving bond 321
with sufficient sureties in the amount of Two Hundred Dollars 322
($200.00), approved by the clerk of the chancery court and 323
conditioned to pay any costs that may be adjudged against the 324
licensee. Notice of appeal shall be filed in the office of the 325
clerk of the chancery court. If there is an appeal, the appeal 326
may, in the discretion of and on motion to the chancery court, act 327
as a supersedeas of the license suspension. The department shall 328
be the appellee in the appeal, and the licensing entity shall not 329
be a party in the appeal. The chancery court shall dispose of the 330
appeal and enter its decision within thirty (30) days of the 331
filing of the appeal. The hearing on the appeal may, in the 332
discretion of the chancellor, be tried in vacation. The decision 333
of the chancery court may be appealed to the Supreme Court in the 334
manner provided by the rules of the Supreme Court. In the 335
discretion of and on motion to the chancery court, no person shall 336
be allowed to practice any business, occupation or profession or 337
take any other action under the authority of any license the 338
suspension of which has been affirmed by the chancery court while 339
an appeal to the Supreme Court from the decision of the chancery 340
court is pending. 341
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(9) If a licensee who has entered a stipulated agreement and 342
agreed judgment for the payment of an arrearage under this section 343
subsequently is out of compliance with an order for support, the 344
division shall immediately notify the licensing entity to suspend 345
the licensee's license, and the licensing entity shall immediately 346
suspend the license without a hearing and shall within three (3) 347
business days notify the licensee in writing of the license 348
suspension. In the case of a license suspension under the 349
provisions of this subsection, the procedures provided for under 350
subsections (1) and (2) of this section are not required; however, 351
the appeal provisions of subsection (8) of this section still 352
apply. After suspension of the license, if the licensee 353
subsequently enters into a stipulated agreement and agreed 354
judgment or the licensee otherwise informs the division of 355
compliance with the order for support, the division shall within 356
seven (7) days notify in writing the licensing entity that the 357
licensee is in compliance. Upon receipt of that notice from the 358
division, a licensing entity shall immediately reinstate the 359
license of the licensee and shall within three (3) business days 360
notify the licensee of the reinstatement. 361
(10) Nothing in this section prohibits a licensee from 362
filing a motion for the modification of an order for support or 363
for any other applicable relief. However, no such action shall 364
stay the license suspension procedure, except as may be allowed 365
under subsection (8) of this section. 366
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(11) If a license is suspended under the provisions of this 367
section, the licensing entity is not required to refund any fees 368
paid by a licensee in connection with obtaining or renewing a 369
license. 370
(12) The requirement of a licensing entity to suspend a 371
license under this section does not affect the power of the 372
licensing entity to deny, suspend, revoke or terminate a license 373
for any other reason. 374
(13) The procedure for suspension of a license for being out 375
of compliance with an order for support, and the procedure for the 376
reissuance or reinstatement of a license suspended for that 377
purpose, shall be governed by this section and not by the general 378
licensing and disciplinary provisions applicable to a licensing 379
entity, except as otherwise provided in Section 1 of this act. 380
Actions taken by a licensing entity in suspending a license when 381
required by this section are not actions from which an appeal may 382
be taken under the general licensing and disciplinary provisions 383
applicable to the licensing entity. Any appeal of a license 384
suspension that is required by this section shall be taken in 385
accordance with the appeal procedure specified in subsection (8) 386
of this section rather than any procedure specified in the general 387
licensing and disciplinary provisions applicable to the licensing 388
entity. If there is any conflict between any provision of this 389
section and any provision of the general licensing and 390
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disciplinary provisions applicable to a licensing entity, the 391
provisions of this section shall control. 392
(14) No license shall be suspended under this section until 393
ninety (90) days after July 1, 1996. This ninety-day period shall 394
be a one-time amnesty period in which any person who may be 395
subject to license suspension under this article may comply with 396
an order of support in order to avoid the suspension of any 397
license. 398
(15) Any individual who fails to comply with a subpoena or 399
warrant relating to paternity or child support proceedings after 400
receiving appropriate notice may be subject to suspension or 401
withholding of issuance of a license under this section. 402
SECTION 6. Section 93-11-163, Mississippi Code of 1972, is 403
amended as follows: 404
93-11-163. In addition to the procedures in Section 405
93-11-157, the court may, upon a finding that a defendant is 406
delinquent for being out of compliance with an order for support, 407
order the licensing entity as defined in Section 93-11-153(a) to 408
suspend the license of the defendant. In its discretion, the 409
court may stay such an order for a reasonable time to allow the 410
defendant to purge himself of the delinquency. If a license is 411
suspended under this section, the court may also order the 412
licensing entity to reinstate the license when it is satisfied 413
that the defendant has purged himself of the delinquency, except 414
as otherwise provided in Section 1 of this act. Licensing 415
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ST: Driver's license; authorize issuance of
hardship license for those suspended due to
noncompliance with an order of support.
entities shall treat a suspension under this section the same as a 416
suspension under Section 93-11-157. Defendants whose license is 417
suspended under this section shall be subject to any 418
administrative fees established for reinstatement under Section 419
93-11-159. 420
SECTION 7. This act shall take effect and be in force from 421
and after July 1, 2026. 422