Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2076
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PHELPS.
4474H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Section 302.171, RSMo, is repealed and one new section enacted in lieu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 or gan 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,
EXPLANA TION — 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.
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 of fenses 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 org an 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 or gan donor program
41 fund established in sections 194.297 to 194.304. Moneys in the or gan 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 or gan
47 and tissue donations to applicants for licensure as designed by the or gan 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 or gan donor registry and
52 shall also specifically inform the licensee of the ability to consent to or gan 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 2
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 org an 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 or gan 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 3
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 effectiv e date of the denial notice sent by the director . The
95 denial shall become ef fective 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
103 302.31 1.
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 ef fective 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
1 1 6 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 dischar ge papers, shall constitute
120 suf ficient proof of Missouri citizenship.
121 1 1. 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 4
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 provi sion 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 pr ovide an amended birth certificate that ref lects the sex designation
135 r equested.
✔
HB 2076 5