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To: Judiciary, Division B;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Fillingane
SENATE BILL NO. 2314
(As Sent to Governor)
AN ACT TO AMEND SECTION 63-1-17, MISSISSIPPI CODE OF 1972, TO 1
UPDATE PROCEDURES RELATED TO THE FILING OF CERTAIN STATEMENTS; TO 2
AMEND SECTION 63-1-45, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN 3
LANGUAGE CONCERNING RECEIPTS PROVIDED TO APPLICANTS; TO SET FORTH 4
REQUIREMENTS FOR APPLICANTS TO THE DRIVER SERVICE BUREAU CERTIFIED 5
DRIVER'S EDUCATION INSTRUCTOR COURSE; TO PROVIDE THAT INFORMATION 6
RELATED TO DRIVER RECORDS, CERTIFIED DRIVER RECORDS, AND MOTOR 7
VEHICLE REPORTS SHALL ONLY BE AVAILABLE FOR THE PERMISSIBLE USES 8
SET FORTH IN THE DRIVER PRIVACY PROTECTION ACT OF 1994; TO REQUIRE 9
THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH THE MEANS BY WHICH 10
SUCH RECORDS MAY BE OBTAINABLE FOR PERMISSIBLE USES; TO PROVIDE 11
THAT ANY FEES COLLECTED FOR PROVIDING SUCH RECORDS SHALL BE 12
DEPOSITED TO THE DRIVER SERVICE BUREAU SPECIAL FEES FUND; TO AMEND 13
SECTION 63-1-46, MISSISSIPPI CODE OF 1972, TO REVISE THE PURPOSE 14
OF CERTAIN EXPENDITURES IN A SPECIAL FUND; TO AMEND SECTION 15
63-1-51, MISSISSIPPI CODE OF 1972, TO DELETE A REFERENCE TO THE 16
COMMISSIONER BEING AT A CERTAIN LOCATION WITHIN THE STATE; TO 17
AMEND SECTION 63-1-52, MISSISSIPPI CODE OF 1972, TO REVISE THE 18
METHOD OF NOTIFICATION OF A SUSPENSION, CANCELLATION OR REVOCATION 19
OF A DRIVER'S LICENSE OR DRIVING PRIVILEGES; TO AMEND SECTIONS 20
63-1-1 AND 63-1-11, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND 21
SECTION 63-1-41, MISSISSIPPI CODE OF 1972, TO REQUIRE LICENSEES TO 22
DISPLAY A REQUIRED LICENSE BY HANDING THE LICENSE TO A LAW 23
ENFORCEMENT OFFICER FOR INSPECTION; TO REPEAL SECTION 63-1-34, 24
MISSISSIPPI CODE OF 1972, WHICH IS AN OUTDATED PROVISION OF LAW 25
THAT REQUIRED THE PREPARATION OF VIDEO TAPES BY THE MISSISSIPPI 26
AUTHORITY FOR EDUCATIONAL TELEVISION; TO PROVIDE AN EDITORIAL 27
INSTRUCTION TO THE CODIFIER; AND FOR RELATED PURPOSES. 28
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 29
SECTION 1. Section 63-1-17, Mississippi Code of 1972, is 30
amended as follows: 31
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63-1-17. As the license examiners file * * * statements 32
showing the serial numbers of licenses and temporary driving 33
permits issued pursuant to this article during the preceding 34
month, the commissioner shall keep a record of all licenses and 35
permits issued pursuant to this article by such examiners, a 36
record of all licenses and permits revoked, a record of all * * * 37
orders mailed to him by the trial judges, and such other 38
information that he deems necessary to carry out the provisions of 39
this article. 40
SECTION 2. Section 63-1-45, Mississippi Code of 1972, is 41
amended as follows: 42
63-1-45. (1) License examiners shall keep a complete record 43
of all funds received from applicants upon forms to be prescribed 44
and furnished by the department out of the operating funds of the 45
department. Application forms shall be printed in book form and 46
serially numbered and in such form that the original thereof may 47
be transmitted by the license examiner to the commissioner, 48
together with the renewal fee. * * * 49
(2) (a) There shall be tendered with all applications for a 50
temporary driving permit, temporary motorcycle driving permit, 51
initial issuance of any license issued pursuant to this article, 52
renewal licenses, duplicate licenses or any other services for 53
which a fee is charged, the proper fee required by law by cash, 54
certified check, money order or electronic payment as authorized 55
under Section 27-104-33. 56
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(b) Upon successful completion of the Driver Service 57
Bureau Certified Driver's Education instructor course, individuals 58
will be authorized to teach Driver's Education throughout the 59
State of Mississippi. To qualify for the instructor course, 60
applicants shall first meet all eligibility requirements 61
established by the Driver Service Bureau, including, but not 62
limited to, a fingerprint-based criminal history background check. 63
The fingerprints shall be submitted to the Mississippi Criminal 64
Information Center for a check of state records. If no 65
disqualifying record is identified at the state level, the 66
fingerprints shall be forwarded by the Mississippi Criminal 67
Information Center to the Federal Bureau of Investigation for a 68
national criminal history record check. The fee for such 69
fingerprinting and criminal history record check shall be paid by 70
the applicant to the Mississippi Criminal Information Center. 71
Other than the subject of the criminal history record check, no 72
individual shall disclose information received through any such 73
checks except as required to fulfill the purposes of this section. 74
(3) The Commissioner of Public Safety shall deposit the 75
amount of fees, together with all fees for duplicate licenses, 76
permits, delinquent fees and reinstatement fees collected by him 77
into the General Fund of the State Treasury, in accordance with 78
the provisions of Section 45-1-23(2); however, Seven Dollars 79
($7.00) of the fee derived from the fee charged for original and 80
renewal operators' licenses imposed under Section 63-1-43(1) and 81
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Four Dollars ($4.00) of the fee derived from the fee charged for 82
original and renewal Class D commercial drivers' licenses under 83
Section 63-1-43(4) shall be deposited into a special fund that is 84
created in the State Treasury. Monies in the fund may be expended 85
upon legislative appropriation solely for the purchase by 86
the * * * Department of Public Safety of * * * vehicles, 87
communications equipment and weapons. 88
(4) Information related to driver records, certified driver 89
records, and motor vehicle reports shall only be available for the 90
permissible uses set forth in the Driver Privacy Protection Act of 91
1994. No information about a licensee shall be provided that is 92
prohibited from being disclosed under state or federal law. The 93
Department of Public Safety shall establish the means by which 94
such records may be obtainable for permissible uses, and any fees 95
collected for providing such records shall be deposited to the 96
Driver Service Bureau Special Fees Fund. 97
SECTION 3. Section 63-1-46, Mississippi Code of 1972, is 98
amended as follows: 99
63-1-46. (1) (a) Except as otherwise provided in this 100
section, a fee of One Hundred Dollars ($100.00) shall be charged 101
for the reinstatement of a license issued under this article to 102
every person whose license has been validly suspended, revoked or 103
cancelled. 104
(b) The funds received under the provisions of this 105
subsection shall be distributed as follows: 106
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(i) Twenty-five Dollars ($25.00) shall be 107
deposited into the State General Fund in accordance with Section 108
45-1-23; 109
(ii) Twenty-five Dollars ($25.00) shall be paid to 110
the Board of Trustees of the Public Employees' Retirement System 111
for funding the Mississippi Highway Safety Patrol Retirement 112
System as provided under Section 25-13-7; 113
(iii) Twenty-five Dollars ($25.00) shall be 114
deposited into the special fund created in Section 63-1-45(3) for 115
purchases of equipment by the * * * Department of Public Safety; 116
and 117
(iv) Twenty-five Dollars ($25.00) shall be 118
deposited into the Interlock Device Fund created in Section 119
63-11-33. 120
(2) (a) A fee of One Hundred Seventy-five Dollars ($175.00) 121
shall be charged for the reinstatement of a license issued under 122
this article to every person whose license has been validly 123
suspended or revoked under the provisions of the Mississippi 124
Implied Consent Law. 125
(b) The funds received under the provisions of this 126
subsection shall be distributed as follows: 127
(i) One Hundred Dollars ($100.00) shall be 128
deposited into the State General Fund in accordance with Section 129
45-1-23; 130
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(ii) Twenty-five Dollars ($25.00) shall be paid to 131
the Board of Trustees of the Public Employees' Retirement System 132
for funding the Mississippi Highway Safety Patrol Retirement 133
System as provided under Section 25-13-7; 134
(iii) Twenty-five Dollars ($25.00) shall be 135
deposited into the special fund created in Section 63-1-45(3) for 136
purchases of equipment by the * * * Department of Public Safety; 137
and 138
(iv) Twenty-five Dollars ($25.00) shall be 139
deposited into the Interlock Device Fund created in Section 140
63-11-33. 141
(3) (a) A fee of Twenty-five Dollars ($25.00) shall be 142
charged for the reinstatement of a license issued under this 143
article to every person whose license has been validly suspended 144
for nonpayment of child support under the provisions of Sections 145
93-11-151 through 93-11-163. The funds received under the 146
provisions of this subsection shall be deposited into the State 147
General Fund in accordance with Section 45-1-23. 148
(b) The procedure for the reinstatement of a license 149
issued under this article that has been suspended for being out of 150
compliance with an order for support, as defined in Section 151
93-11-153, and the payment of any fees for the reinstatement of a 152
license suspended for that purpose, shall be governed by Section 153
93-11-157 or 93-11-163, as the case may be. 154
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(4) A fee of Twenty-five Dollars ($25.00) will be charged 155
for the reinstatement of a license that was suspended due to 156
payment by a draft or other instrument that is dishonored by the 157
payor. 158
(5) All reinstatement fees charged under this section shall 159
be in addition to the fees prescribed in Section 63-1-43. 160
SECTION 4. Section 63-1-51, Mississippi Code of 1972, is 161
amended as follows: 162
63-1-51. (1) It shall be the duty of the court clerk, upon 163
conviction of any person holding a license issued pursuant to this 164
article where the penalty for a traffic violation is as much as 165
Ten Dollars ($10.00), to mail a copy of abstract of the court 166
record or provide an electronically or computer generated copy of 167
abstract of the court record immediately to the 168
commissioner * * *, showing the date of conviction, penalty, etc., 169
so that a record of same may be made by the Department of Public 170
Safety. The commissioner shall forthwith revoke the license of 171
any person for a period of one (1) year upon receiving a duly 172
certified record of each person's convictions of any of the 173
following offenses when such conviction has become final: 174
(a) Manslaughter or negligent homicide resulting from 175
the operation of a motor vehicle; 176
(b) Any felony in the commission of which a motor 177
vehicle is used; 178
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(c) Failure to stop and render aid as required under 179
the laws of this state in event of a motor vehicle accident 180
resulting in the death or personal injury of another; 181
(d) Perjury or the willful making of a false affidavit 182
or statement under oath to the department under this article or 183
under any other law relating to the ownership or operation of 184
motor vehicles; or 185
(e) Conviction, or forfeiture of bail not vacated, upon 186
three (3) charges of reckless driving committed within a period of 187
twelve (12) months. 188
(2) The commissioner shall revoke the license issued 189
pursuant to this article of any person convicted of negligent 190
homicide, in addition to any penalty now provided by law. 191
(3) In addition to the reasons specified in this section, 192
the commissioner shall be authorized to suspend the license issued 193
to any person pursuant to this article for being out of compliance 194
with an order for support, as defined in Section 93-11-153. The 195
procedure for suspension of a license for being out of compliance 196
with an order for support, and the procedure for the reissuance or 197
reinstatement of a license suspended for that purpose, and the 198
payment of any fees for the reissuance or reinstatement of a 199
license suspended for that purpose, shall be governed by Section 200
93-11-157 or 93-11-163, as the case may be. If there is any 201
conflict between any provision of Section 93-11-157 or 93-11-163 202
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and any provision of this article, the provisions of Section 203
93-11-157 or 93-11-163, as the case may be, shall control. 204
SECTION 5. Section 63-1-52, Mississippi Code of 1972, is 205
amended as follows: 206
63-1-52. (1) Whenever the Commissioner of Public Safety 207
suspends, cancels or revokes the driver's license or driving 208
privileges of any person, notice of the suspension, cancellation 209
or revocation shall be given to such person by the commissioner, 210
or his duly authorized agent, in the manner provided in subsection 211
(2) of this section and at the time provided in subsection (3) of 212
this section or in the manner and at the time provided in 213
subsection (4) of this section. 214
(2) Notice shall be given in the following manner: 215
(a) In writing, (i) by United States Certificate of 216
Mailing; or (ii) by personal service at the person's address as it 217
appears on the driving record maintained by the Department of 218
Public Safety or at the person's last-known address; or (iii) by 219
personal notice being given by any law enforcement officer of this 220
state or any duly authorized agent of the Commissioner of Public 221
Safety on forms prescribed and furnished by the Commissioner of 222
Public Safety; or (iv) by notification made to the person's duly 223
issued mobile identification whenever a person's driver's license 224
or driving privileges are suspended, revoked or cancelled in 225
accordance with the Mississippi Driver License Compact Law, the 226
Mississippi Implied Consent Law, the Mississippi Motor Vehicle 227
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Safety Responsibility Law or subsection (2)(c), (2)(d), (2)(e) or 228
(2)(f) of Section 63-1-53. 229
(b) In writing, by United States first class mail, 230
whenever a person's driver's license or driving privileges are 231
suspended, revoked or cancelled in accordance with the Mississippi 232
Commercial Driver's License Law, the Youth Court Law, Chapter 23 233
of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 234
63-1-51, subsection (2)(g) or (2)(h) of Section 63-1-53, or 235
Section 63-9-25. 236
(3) Notice shall be given at the following time: 237
(a) Before suspension, revocation or cancellation, 238
whenever a person's driver's license or driving privileges are 239
suspended, revoked or cancelled in accordance with the Mississippi 240
Driver License Compact Law, the Mississippi Motor Vehicle Safety 241
Responsibility Law or subsection (2)(c), (2)(d), (2)(e) or (2)(f) 242
of Section 63-1-53. 243
(b) Unless otherwise specifically provided for by law, 244
at the time of suspension, revocation or cancellation, whenever a 245
person's driver's license or driving privileges are suspended, 246
revoked or cancelled in accordance with the Mississippi Commercial 247
Driver's License Law, the Mississippi Implied Consent Law, the 248
Youth Court Law, Chapter 23 of Title 43, Mississippi Code of 1972, 249
Section 63-1-45, Section 63-1-51, subsection (2)(g) or (2)(h) of 250
Section 63-1-53, or Section 63-9-25. 251
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(4) Whenever the Commissioner of Public Safety suspends, 252
revokes or cancels the driver's license or driving privileges of 253
any person in accordance with some provision of law other than a 254
provision of law referred to in subsections (2) and (3) of this 255
section, and the manner and time for giving notice is not provided 256
for in such law, then notice of such suspension, revocation or 257
cancellation shall be given in the manner and at the time provided 258
for under subsections (2)(b) and (3)(b) of this section. 259
SECTION 6. Section 63-1-1, Mississippi Code of 1972, is 260
amended as follows: 261
63-1-1. This article may be cited as the * * * "Mississippi 262
Driver's License Law * * *." 263
SECTION 7. Section 63-1-11, Mississippi Code of 1972, is 264
amended as follows: 265
63-1-11. The provisions of this article with reference to 266
administration shall be under the supervision of the Commissioner 267
of Public Safety * * * who, if not otherwise specifically 268
authorized, is hereby empowered to make and promulgate reasonable 269
rules and regulations to carry out the provisions of this article. 270
SECTION 8. Section 63-1-41, Mississippi Code of 1972, is 271
amended as follows: 272
63-1-41. Every licensee shall have the required license in 273
his or her immediate possession at all times when operating a 274
motor vehicle and shall display the same by handing the license to 275
a law enforcement officer for inspection, upon demand of a justice 276
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ST: Mississippi Driver's License Law; revise
provisions of.
court judge, a peace officer or license examiner or other 277
authorized employee of the commissioner. However, no person 278
charged with violating this section shall be convicted if he 279
produces in court a license theretofore issued to him and valid at 280
the time of his arrest. 281
SECTION 9. Section 63-1-34, Mississippi Code of 1972, which 282
is an outdated provision of law that required the preparation of 283
video tapes by the Mississippi Authority for Educational 284
Television, is hereby repealed. 285
SECTION 10. The code publisher shall delete the words "or 286
examiner" from the caption of Section 63-1-16, Mississippi Code of 287
1972. 288
SECTION 11. This act shall take effect and be in force from 289
and after July 1, 2026. 290