Shown verbatim: the complete text as captured from the official page posted by the Mississippi Legislature, fetched 2026-08-29. This is the enrolled version. The official bill page.
MISSISSIPPI LEGISLATURE 2026 Regular Session To: Judiciary, Division B; Appropriations By: Senator(s) Fillingane Senate Bill 2314 (As Sent to Governor) AN ACT TO AMEND SECTION 63-1-17, MISSISSIPPI CODE OF 1972, TO UPDATE PROCEDURES RELATED TO THE FILING OF CERTAIN STATEMENTS; TO AMEND SECTION 63-1-45, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN LANGUAGE CONCERNING RECEIPTS PROVIDED TO APPLICANTS; TO SET FORTH REQUIREMENTS FOR APPLICANTS TO THE DRIVER SERVICE BUREAU CERTIFIED DRIVER'S EDUCATION INSTRUCTOR COURSE; TO PROVIDE THAT INFORMATION RELATED TO DRIVER RECORDS, CERTIFIED DRIVER RECORDS, AND MOTOR VEHICLE REPORTS SHALL ONLY BE AVAILABLE FOR THE PERMISSIBLE USES SET FORTH IN THE DRIVER PRIVACY PROTECTION ACT OF 1994; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH THE MEANS BY WHICH SUCH RECORDS MAY BE OBTAINABLE FOR PERMISSIBLE USES; TO PROVIDE THAT ANY FEES COLLECTED FOR PROVIDING SUCH RECORDS SHALL BE DEPOSITED TO THE DRIVER SERVICE BUREAU SPECIAL FEES FUND; TO AMEND SECTION 63-1-46, MISSISSIPPI CODE OF 1972, TO REVISE THE PURPOSE OF CERTAIN EXPENDITURES IN A SPECIAL FUND; TO AMEND SECTION 63-1-51, MISSISSIPPI CODE OF 1972, TO DELETE A REFERENCE TO THE COMMISSIONER BEING AT A CERTAIN LOCATION WITHIN THE STATE; TO AMEND SECTION 63-1-52, MISSISSIPPI CODE OF 1972, TO REVISE THE METHOD OF NOTIFICATION OF A SUSPENSION, CANCELLATION OR REVOCATION OF A DRIVER'S LICENSE OR DRIVING PRIVILEGES; TO AMEND SECTIONS 63-1-1 AND 63-1-11, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 63-1-41, MISSISSIPPI CODE OF 1972, TO REQUIRE LICENSEES TO DISPLAY A REQUIRED LICENSE BY HANDING THE LICENSE TO A LAW ENFORCEMENT OFFICER FOR INSPECTION; TO REPEAL SECTION 63-1-34, MISSISSIPPI CODE OF 1972, WHICH IS AN OUTDATED PROVISION OF LAW THAT REQUIRED THE PREPARATION OF VIDEO TAPES BY THE MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION; TO PROVIDE AN EDITORIAL INSTRUCTION TO THE CODIFIER; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 63-1-17, Mississippi Code of 1972, is amended as follows: 63-1-17. As the license examiners file * * * their statements showing the serial numbers of licenses and temporary driving permits issued pursuant to this article during the preceding month, the commissioner shall keep a record of all licenses and permits issued pursuant to this article by such examiners, a record of all licenses and permits revoked, a record of all * * * perforated sections orders mailed to him by the trial judges, and such other information that he deems necessary to carry out the provisions of this article. SECTION 2. Section 63-1-45, Mississippi Code of 1972, is amended as follows: 63-1-45. (1) License examiners shall keep a complete record of all funds received from applicants upon forms to be prescribed and furnished by the department out of the operating funds of the department. Application forms shall be printed in book form and serially numbered and in such form that the original thereof may be transmitted by the license examiner to the commissioner, together with the renewal fee. * * * A copy signed by the examiner shall be given to the applicant, and a copy shall be retained by the examiner. The license examiner shall, not later than ten (10) days from the date of an application, transmit the application, together with the fee, to the commissioner. The application blanks and funds shall be subject to audit at any time. The commissioner shall maintain records of all application forms on hand and issued to the examiners, who shall be charged therewith. The receipt provided for in this section shall be the only valid and recognized form of receipt for fees paid by applicants, and the receipt shall be sufficient in lieu of the renewed license for a period of sixty (60) days or until the renewed license has been issued to the applicant by the commissioner. (2) (a) There shall be tendered with all applications for a temporary driving permit, temporary motorcycle driving permit, initial issuance of any license issued pursuant to this article, renewal licenses, duplicate licenses or any other services for which a fee is charged, the proper fee required by law by cash, certified check, money order or electronic payment as authorized under Section 27-104-33. (b) Upon successful completion of the Driver Service Bureau Certified Driver's Education instructor course, individuals will be authorized to teach Driver's Education throughout the State of Mississippi. To qualify for the instructor course, applicants shall first meet all eligibility requirements established by the Driver Service Bureau, including, but not limited to, a fingerprint-based criminal history background check. The fingerprints shall be submitted to the Mississippi Criminal Information Center for a check of state records. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Mississippi Criminal Information Center to the Federal Bureau of Investigation for a national criminal history record check. The fee for such fingerprinting and criminal history record check shall be paid by the applicant to the Mississippi Criminal Information Center. Other than the subject of the criminal history record check, no individual shall disclose information received through any such checks except as required to fulfill the purposes of this section. (3) The Commissioner of Public Safety shall deposit the amount of fees, together with all fees for duplicate licenses, permits, delinquent fees and reinstatement fees collected by him into the General Fund of the State Treasury, in accordance with the provisions of Section 45-1-23(2); however, Seven Dollars ($7.00) of the fee derived from the fee charged for original and renewal operators' licenses imposed under Section 63-1-43(1) and Four Dollars ($4.00) of the fee derived from the fee charged for original and renewal Class D commercial drivers' licenses under Section 63-1-43(4) shall be deposited into a special fund that is created in the State Treasury. Monies in the fund may be expended upon legislative appropriation solely for the purchase by the * * * Mississippi Highway Safety Patrol Department of Public Safety of * * * patrol cars vehicles, communications equipment and weapons. (4) Information related to driver records, certified driver records, and motor vehicle reports shall only be available for the permissible uses set forth in the Driver Privacy Protection Act of 1994. No information about a licensee shall be provided that is prohibited from being disclosed under state or federal law. The Department of Public Safety shall establish the means by which such records may be obtainable for permissible uses, and any fees collected for providing such records shall be deposited to the Driver Service Bureau Special Fees Fund. SECTION 3. Section 63-1-46, Mississippi Code of 1972, is amended as follows: 63-1-46. (1) (a) Except as otherwise provided in this section, a fee of One Hundred Dollars ($100.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended, revoked or cancelled. (b) The funds received under the provisions of this subsection shall be distributed as follows: (i) Twenty-five Dollars ($25.00) shall be deposited into the State General Fund in accordance with Section 45-1-23; (ii) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7; (iii) Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the * * * Mississippi Highway Safety Patrol Department of Public Safety; and (iv) Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33. (2) (a) A fee of One Hundred Seventy-five Dollars ($175.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended or revoked under the provisions of the Mississippi Implied Consent Law. (b) The funds received under the provisions of this subsection shall be distributed as follows: (i) One Hundred Dollars ($100.00) shall be deposited into the State General Fund in accordance with Section 45-1-23; (ii) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7; (iii) Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the * * * Mississippi Highway Safety Patrol Department of Public Safety; and (iv) Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33. (3) (a) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended for nonpayment of child support under the provisions of Sections 93-11-151 through 93-11-163. The funds received under the provisions of this subsection shall be deposited into the State General Fund in accordance with Section 45-1-23. (b) The procedure for the reinstatement of a license issued under this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. (4) A fee of Twenty-five Dollars ($25.00) will be charged for the reinstatement of a license that was suspended due to payment by a draft or other instrument that is dishonored by the payor. (5) All reinstatement fees charged under this section shall be in addition to the fees prescribed in Section 63-1-43. SECTION 4. Section 63-1-51, Mississippi Code of 1972, is amended as follows: 63-1-51. (1) It shall be the duty of the court clerk, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner * * * at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final: (a) Manslaughter or negligent homicide resulting from the operation of a motor vehicle; (b) Any felony in the commission of which a motor vehicle is used; (c) Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another; (d) Perjury or the willful making of a false affidavit or statement under oath to the department under this article or under any other law relating to the ownership or operation of motor vehicles; or (e) Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months. (2) The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law. (3) In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control. SECTION 5. Section 63-1-52, Mississippi Code of 1972, is amended as follows: 63-1-52. (1) Whenever the Commissioner of Public Safety suspends, cancels or revokes the driver's license or driving privileges of any person, notice of the suspension, cancellation or revocation shall be given to such person by the commissioner, or his duly authorized agent, in the manner provided in subsection (2) of this section and at the time provided in subsection (3) of this section or in the manner and at the time provided in subsection (4) of this section. (2) Notice shall be given in the following manner: (a) In writing, (i) by United States Certificate of Mailing; or (ii) by personal service at the person's address as it appears on the driving record maintained by the Department of Public Safety or at the person's last-known address; or (iii) by personal notice being given by any law enforcement officer of this state or any duly authorized agent of the Commissioner of Public Safety on forms prescribed and furnished by the Commissioner of Public Safety; or (iv) by notification made to the person's duly issued mobile identification whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Driver License Compact Law, the Mississippi Implied Consent Law, the Mississippi Motor Vehicle Safety Responsibility Law or subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53. (b) In writing, by United States first class mail, whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Commercial Driver's License Law, the Youth Court Law, Chapter 23 of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, subsection (2)(g) or (2)(h) of Section 63-1-53, or Section 63-9-25. (3) Notice shall be given at the following time: (a) Before suspension, revocation or cancellation, whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Driver License Compact Law, the Mississippi Motor Vehicle Safety Responsibility Law or subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53. (b) Unless otherwise specifically provided for by law, at the time of suspension, revocation or cancellation, whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Commercial Driver's License Law, the Mississippi Implied Consent Law, the Youth Court Law, Chapter 23 of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, subsection (2)(g) or (2)(h) of Section 63-1-53, or Section 63-9-25. (4) Whenever the Commissioner of Public Safety suspends, revokes or cancels the driver's license or driving privileges of any person in accordance with some provision of law other than a provision of law referred to in subsections (2) and (3) of this section, and the manner and time for giving notice is not provided for in such law, then notice of such suspension, revocation or cancellation shall be given in the manner and at the time provided for under subsections (2)(b) and (3)(b) of this section. SECTION 6. Section 63-1-1, Mississippi Code of 1972, is amended as follows: 63-1-1. This article may be cited as the * * * Highway Safety Patrol and "Mississippi Driver's License Law * * * of 1938." SECTION 7. Section 63-1-11, Mississippi Code of 1972, is amended as follows: 63-1-11. The provisions of this article with reference to administration shall be under the supervision of the Commissioner of Public Safety * * * at Jackson, Mississippi, who, if not otherwise specifically authorized, is hereby empowered to make and promulgate reasonable rules and regulations to carry out the provisions of this article. SECTION 8. Section 63-1-41, Mississippi Code of 1972, is amended as follows: 63-1-41. Every licensee shall have the required license in his or her immediate possession at all times when operating a motor vehicle and shall display the same by handing the license to a law enforcement officer for inspection, upon demand of a justice court judge, a peace officer or license examiner or other authorized employee of the commissioner. However, no person charged with violating this section shall be convicted if he produces in court a license theretofore issued to him and valid at the time of his arrest. SECTION 9. Section 63-1-34, Mississippi Code of 1972, which is an outdated provision of law that required the preparation of video tapes by the Mississippi Authority for Educational Television, is hereby repealed. SECTION 10. The code publisher shall delete the words "or examiner" from the caption of Section 63-1-16, Mississippi Code of 1972. SECTION 11. This act shall take effect and be in force from and after July 1, 2026.
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