HOUSE BILL NO. 2076 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PHELPS.
4474H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 302.171, RSMo, and to enact in lieu thereof one new section relating to sex designation on driver's licenses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 302.171, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 302.171, to read as follows: 302.171. 1. The director shall verify that an applicant for a driver's license is a 2 Missouri resident or national of the United States or a noncitizen with a lawful immigration 3 status, and a Missouri resident before accepting the application. The director shall not issue a 4 driver's license for a period that exceeds the duration of an applicant's lawful immigration 5 status in the United States. The director may establish procedures to verify the Missouri 6 residency or United States naturalization or lawful immigration status and Missouri residency 7 of the applicant and establish the duration of any driver's license issued under this section. An 8 application for a license shall be made upon an approved form furnished by the director. 9 Every application shall state the full name, Social Security number, age, height, weight, color 10 of eyes, sex, residence, mailing address of the applicant, and the classification for which the 11 applicant has been licensed, and, if so, when and by what state, and whether or not such 12 license has ever been suspended, revoked, or disqualified, and, if revoked, suspended or 13 disqualified, the date and reason for such suspension, revocation or disqualification and 14 whether the applicant is making a one or more dollar donation to promote an organ donation 15 program as prescribed in subsection 2 of this section, to promote a blindness education, 16 screening and treatment program as prescribed in subsection 3 of this section, or the Missouri 17 medal of honor recipients fund prescribed in subsection 4 of this section. A driver's license,
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2076 2
18 nondriver's license, or instruction permit issued under this chapter shall contain the applicant's 19 legal name as it appears on a birth certificate or as legally changed through marriage or court 20 order. No name change by common usage based on common law shall be permitted. The 21 application shall also contain such information as the director may require to enable the 22 director to determine the applicant's qualification for driving a motor vehicle; and shall state 23 whether or not the applicant has been convicted in this or any other state for violating the laws 24 of this or any other state or any ordinance of any municipality, relating to driving without a 25 license, careless driving, or driving while intoxicated, or failing to stop after an accident and 26 disclosing the applicant's identity, or driving a motor vehicle without the owner's consent. 27 The application shall contain a certification by the applicant as to the truth of the facts stated 28 therein. Every person who applies for a license to operate a motor vehicle who is less than 29 twenty-one years of age shall be provided with educational materials relating to the hazards of 30 driving while intoxicated, including information on penalties imposed by law for violation of 31 the intoxication-related offenses of the state. Beginning January 1, 2001, if the applicant is 32 less than eighteen years of age, the applicant must comply with all requirements for the 33 issuance of an intermediate driver's license pursuant to section 302.178. For persons 34 mobilized and deployed with the United States Armed Forces, an application under this 35 subsection shall be considered satisfactory by the department of revenue if it is signed by a 36 person who holds general power of attorney executed by the person deployed, provided the 37 applicant meets all other requirements set by the director. 38 2. An applicant for a license may make a donation of an amount not less than one 39 dollar to promote an organ donor program. The director of revenue shall collect the donations 40 and deposit all such donations in the state treasury to the credit of the organ donor program 41 fund established in sections 194.297 to 194.304. Moneys in the organ donor program fund 42 shall be used solely for the purposes established in sections 194.297 to 194.304 except that 43 the department of revenue shall retain no more than one percent for its administrative costs. 44 The donation prescribed in this subsection is voluntary and may be refused by the applicant 45 for the license at the time of issuance or renewal of the license. The director shall make 46 available an informational booklet or other informational sources on the importance of organ 47 and tissue donations to applicants for licensure as designed by the organ donation advisory 48 committee established in sections 194.297 to 194.304. The director shall inquire of each 49 applicant at the time the licensee presents the completed application to the director whether 50 the applicant is interested in making the one or more dollar donation prescribed in this 51 subsection and whether the applicant is interested in inclusion in the organ donor registry and 52 shall also specifically inform the licensee of the ability to consent to organ donation by 53 placing a donor symbol sticker authorized and issued by the department of health and senior 54 services on the back of his or her driver's license or identification card as prescribed by HB 2076 3
55 subdivision (1) of subsection 1 of section 194.225. A symbol may be placed on the front of 56 the license or identification card indicating the applicant's desire to be listed in the registry at 57 the applicant's request at the time of his or her application for a driver's license or 58 identification card, or the applicant may instead request an organ donor sticker from the 59 department of health and senior services by application on the department of health and senior 60 services' website. Upon receipt of an organ donor sticker sent by the department of health and 61 senior services, the applicant shall place the sticker on the back of his or her driver's license or 62 identification card to indicate that he or she has made an anatomical gift. The director shall 63 notify the department of health and senior services of information obtained from applicants 64 who indicate to the director that they are interested in registry participation, and the 65 department of health and senior services shall enter the complete name, address, date of birth, 66 race, gender and a unique personal identifier in the registry established in subsection 1 of 67 section 194.304. 68 3. An applicant for a license may make a donation of one dollar to promote a 69 blindness education, screening and treatment program. The director of revenue shall collect 70 the donations and deposit all such donations in the state treasury to the credit of the blindness 71 education, screening and treatment program fund established in section 209.015. Moneys in 72 the blindness education, screening and treatment program fund shall be used solely for the 73 purposes established in section 209.015; except that the department of revenue shall retain no 74 more than one percent for its administrative costs. The donation prescribed in this subsection 75 is voluntary and may be refused by the applicant for the license at the time of issuance or 76 renewal of the license. The director shall inquire of each applicant at the time the licensee 77 presents the completed application to the director whether the applicant is interested in 78 making the one dollar donation prescribed in this subsection. 79 4. An applicant for registration may make a donation of one dollar to the Missouri 80 medal of honor recipients fund. The director of revenue shall collect the donations and 81 deposit all such donations in the state treasury to the credit of the Missouri medal of honor 82 recipients fund as established in section 226.925. Moneys in the medal of honor recipients 83 fund shall be used solely for the purposes established in section 226.925, except that the 84 department of revenue shall retain no more than one percent for its administrative costs. The 85 donation prescribed in this subsection is voluntary and may be refused by the applicant for 86 registration at the time of issuance or renewal. The director shall inquire of each applicant at 87 the time the applicant presents the completed application to the director whether the applicant 88 is interested in making the one dollar donation prescribed in this subsection. 89 5. Beginning July 1, 2005, the director shall deny the driving privilege of any person 90 who commits fraud or deception during the examination process or who makes application 91 for an instruction permit, driver's license, or nondriver's license which contains or is HB 2076 4
92 substantiated with false or fraudulent information or documentation, or who knowingly 93 conceals a material fact or otherwise commits a fraud in any such application. The period of 94 denial shall be one year from the effective date of the denial notice sent by the director. The 95 denial shall become effective ten days after the date the denial notice is mailed to the person. 96 The notice shall be mailed to the person at the last known address shown on the person's 97 driving record. The notice shall be deemed received three days after mailing unless returned 98 by the postal authorities. No such individual shall reapply for a driver's examination, 99 instruction permit, driver's license, or nondriver's license until the period of denial is 100 completed. No individual who is denied the driving privilege under this section shall be 101 eligible for a limited driving privilege issued under section 302.309. 102 6. All appeals of denials under this section shall be made as required by section 103 302.311. 104 7. The period of limitation for criminal prosecution under this section shall be 105 extended under subdivision (1) of subsection 3 of section 556.036. 106 8. The director may promulgate rules and regulations necessary to administer and 107 enforce this section. No rule or portion of a rule promulgated pursuant to the authority of this 108 section shall become effective unless it has been promulgated pursuant to chapter 536. 109 9. Notwithstanding any provision of this chapter that requires an applicant to provide 110 proof of Missouri residency for renewal of a noncommercial driver's license, noncommercial 111 instruction permit, or nondriver's license, an applicant who is sixty-five years and older and 112 who was previously issued a Missouri noncommercial driver's license, noncommercial 113 instruction permit, or Missouri nondriver's license is exempt from showing proof of Missouri 114 residency. 115 10. Notwithstanding any provision of this chapter, for the renewal of a 116 noncommercial driver's license, noncommercial instruction permit, or nondriver's license, a 117 photocopy of an applicant's United States birth certificate along with another form of 118 identification approved by the department of revenue, including, but not limited to, United 119 States military identification or United States military discharge papers, shall constitute 120 sufficient proof of Missouri citizenship. 121 11. Notwithstanding any other provision of this chapter, if an applicant does not meet 122 the requirements of subsection 9 of this section and does not have the required documents to 123 prove Missouri residency, United States naturalization, or lawful immigration status, the 124 department may issue a one-year driver's license renewal. This one-time renewal shall only 125 be issued to an applicant who previously has held a Missouri noncommercial driver's license, 126 noncommercial instruction permit, or nondriver's license for a period of fifteen years or more 127 and who does not have the required documents to prove Missouri residency, United States 128 naturalization, or lawful immigration status. After the expiration of the one-year period, no HB 2076 5
129 further renewal shall be provided without the applicant producing proof of Missouri 130 residency, United States naturalization, or lawful immigration status. 131 12. Notwithstanding any other provision of law to the contrary, in order to 132 obtain a driver's license, nondriver's license, or instruction permit issued under this 133 chapter denoting a sex other than an applicant's biological sex assigned at birth, the 134 applicant shall provide an amended birth certificate that reflects the sex designation 135 requested. ✔
Statutes affected: