Text of AR HB 1796 (2025)

Stricken language would be deleted from and underlined language would be added to present law. *MBM092* 03/14/2025 1:37:32 PM MBM092 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1796 3 4 By: Representative Beaty Jr. 5 By: Senator B. Johnson 6 7 For An Act To Be Entitled 8 AN ACT TO REQUIRE THE DISPLAY OF GENDER INFORMATION 9 ON AN ARKANSAS DRIVER’S LICENSE OR IDENTIFICATION 10 CARD; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO REQUIRE THE DISPLAY OF GENDER 15 INFORMATION ON AN ARKANSAS DRIVER’S 16 LICENSE OR IDENTIFICATION CARD. 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 SECTION 1. Arkansas Code § 27-16-1104 is amended to read as follows: 21 27-16-1104. Minimum document requirements — Definitions. 22 (a) As used in this section: 23 (1)(A) “Applicant” means a person who has applied to the Office 24 of Driver Services for issuance or renewal of an Arkansas driver’s license or 25 identification card. 26 (B) “Applicant” includes without limitation a person who 27 has applied to the Office of Driver Services for an amendment of gender 28 information contained on the person’s Arkansas driver’s license or 29 identification card under subsection (d) of this section; 30 (2) “Gender information” means the sex of an applicant as stated 31 on the applicant’s identity document; and 32 (3) “Identity document” means an applicant’s: 33 (A) Original birth certificate; 34 (B) Amended birth certificate; 35 (C) Passport; or 36 HB1796 2 03/14/2025 1:37:32 PM MBM092 (D) Identification document issued by the United States 1 Department of Homeland Security. 2 (b) To meet the requirements of this subchapter, the Office of Driver 3 Services shall include at a minimum the following information and features on 4 each driver's license and identification card that it issues to a person an 5 applicant: 6 (1) The person's applicant’s full legal name; 7 (2) The person's applicant’s date of birth; 8 (3) The person's applicant’s gender information; 9 (4) The person's applicant’s driver's license or identification 10 card number; 11 (5) A digital photograph of the person applicant; 12 (6) The person's applicant’s address of residence; 13 (7) The person's applicant’s signature; 14 (8) Physical security features designed to prevent tampering, 15 counterfeiting, or duplication of the document for fraudulent purposes; and 16 (9) A common machine-readable technology with defined minimum 17 data elements. 18 (c)(1) A driver’s license or identification card issued by the Office 19 of Driver Services shall state the applicant’s gender information as “M” for 20 male or “F” for female. 21 (2) Except as provided under subdivision (c)(4) of this section, 22 a driver’s license or identification card issued by the Office of Driver 23 Services shall contain the same gender information as stated on the 24 applicant’s identity document. 25 (3) The Office of Driver Services shall not issue a driver’s 26 license or identification card that contains: 27 (A) Gender information stated as “X”; or 28 (B) No gender information. 29 (4)(A) If an applicant provides an identity document with an 30 application for a driver’s license or identification card that contains no 31 gender information or gender information stated as “X”, the applicant shall 32 state the applicant’s gender information as “M” for male or “F” for female on 33 a form provided by the Office of Driver Services. 34 (B)(i) The applicant’s driver’s license or identification 35 card issued or renewed by the Office of Driver Services shall state the same 36 HB1796 3 03/14/2025 1:37:32 PM MBM092 gender information as the form completed by the applicant under subdivision 1 (c)(4)(A) of this section. 2 (ii) The applicant may subsequently amend the gender 3 information contained on the applicant’s driver’s license or identification 4 card by submitting the form and documentation required under subsection (d) 5 of this section. 6 (5) If the applicant provides an identity document with an 7 application for a driver’s license or identification card that contains no 8 gender information or gender information stated as “X” and does not provide 9 the Office of Driver Services the completed form required under subdivision 10 (c)(4)(A) of this section, the Office of Driver Services shall not issue a 11 driver’s license or identification card to the applicant. 12 (d)(1) On a form provided by the Office of Driver Services, an 13 applicant may request the Office of Driver Services amend the gender 14 information contained on the applicant’s driver’s license or identification 15 card. 16 (2) The applicant shall submit with the form an original or 17 certified copy of an amended birth certificate issued by: 18 (A) The Department of Health under § 20-18-307; or 19 (B) The vital records office of another state or 20 governmental agency. 21 (3)(A) The Office of Driver Services shall not grant an 22 application for a change of gender information unless the applicant: 23 (i) Completes the form provided under subdivision 24 (d)(1) of this section; and 25 (ii) Submits the documentation required by 26 subdivision (d)(2) of this section. 27 (B) If the Office of Driver Services approves the 28 application for an amendment of gender information, the Office of Driver 29 Services may issue to the applicant an amended duplicate: 30 (i) Driver’s license upon the payment of the fee 31 under § 27-16-806, provided that the applicant’s driving privileges are not 32 currently suspended or revoked; or 33 (ii) Identification card upon the payment of the fee 34 provided under § 27-16-805. 35 (4) If the Office of Driver Services denies an application to 36 HB1796 4 03/14/2025 1:37:32 PM MBM092 amend gender information submitted under this section, the Office of Driver 1 Services shall state its reasons for the denial in writing and forward a copy 2 of the denial to the applicant via first class mail. 3 (5) If a driver’s license or identification card record has been 4 amended under this section, the driver’s license or identification card shall 5 contain the person’s amended gender information upon the: 6 (A) Renewal of the driver’s license or identification 7 card; or 8 (B) Issuance of a duplicate driver’s license or 9 identification card. 10 (e)(1) If the records of the Office of Driver Services contain a 11 record of an unexpired driver’s license or identification card that has been 12 issued with gender information stated as “X”, the Office of Driver Services 13 may amend the person’s record to reflect gender information as “M” for male 14 or “F” for female to correspond to the identity document records of the 15 person kept by the Office of Driver Services. 16 (2) If the Office of Driver Services amends the gender 17 information contained within a person’s driver’s license or identification 18 card record under subdivision (e)(1) of this section, the Office of Driver 19 Services shall notify the person in writing via first class mail. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Stricken language would be deleted from and underlined language would be added to present law. Act 711 of the Regular Session *MBM092* 03/14/2025 1:37:32 PM MBM092 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1796 3 4 By: Representative Beaty Jr. 5 By: Senator B. Johnson 6 7 For An Act To Be Entitled 8 AN ACT TO REQUIRE THE DISPLAY OF GENDER INFORMATION 9 ON AN ARKANSAS DRIVER’S LICENSE OR IDENTIFICATION 10 CARD; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO REQUIRE THE DISPLAY OF GENDER 15 INFORMATION ON AN ARKANSAS DRIVER’S 16 LICENSE OR IDENTIFICATION CARD. 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 SECTION 1. Arkansas Code § 27-16-1104 is amended to read as follows: 21 27-16-1104. Minimum document requirements — Definitions. 22 (a) As used in this section: 23 (1)(A) “Applicant” means a person who has applied to the Office 24 of Driver Services for issuance or renewal of an Arkansas driver’s license or 25 identification card. 26 (B) “Applicant” includes without limitation a person who 27 has applied to the Office of Driver Services for an amendment of gender 28 information contained on the person’s Arkansas driver’s license or 29 identification card under subsection (d) of this section; 30 (2) “Gender information” means the sex of an applicant as stated 31 on the applicant’s identity document; and 32 (3) “Identity document” means an applicant’s: 33 (A) Original birth certificate; 34 (B) Amended birth certificate; 35 (C) Passport; or 36 HB1796 2 03/14/2025 1:37:32 PM MBM092 (D) Identification document issued by the United States 1 Department of Homeland Security. 2 (b) To meet the requirements of this subchapter, the Office of Driver 3 Services shall include at a minimum the following information and features on 4 each driver's license and identification card that it issues to a person an 5 applicant: 6 (1) The person's applicant’s full legal name; 7 (2) The person's applicant’s date of birth; 8 (3) The person's applicant’s gender information; 9 (4) The person's applicant’s driver's license or identification 10 card number; 11 (5) A digital photograph of the person applicant; 12 (6) The person's applicant’s address of residence; 13 (7) The person's applicant’s signature; 14 (8) Physical security features designed to prevent tampering, 15 counterfeiting, or duplication of the document for fraudulent purposes; and 16 (9) A common machine-readable technology with defined minimum 17 data elements. 18 (c)(1) A driver’s license or identification card issued by the Office 19 of Driver Services shall state the applicant’s gender information as “M” for 20 male or “F” for female. 21 (2) Except as provided under subdivision (c)(4) of this section, 22 a driver’s license or identification card issued by the Office of Driver 23 Services shall contain the same gender information as stated on the 24 applicant’s identity document. 25 (3) The Office of Driver Services shall not issue a driver’s 26 license or identification card that contains: 27 (A) Gender information stated as “X”; or 28 (B) No gender information. 29 (4)(A) If an applicant provides an identity document with an 30 application for a driver’s license or identification card that contains no 31 gender information or gender information stated as “X”, the applicant shall 32 state the applicant’s gender information as “M” for male or “F” for female on 33 a form provided by the Office of Driver Services. 34 (B)(i) The applicant’s driver’s license or identification 35 card issued or renewed by the Office of Driver Services shall state the same 36 HB1796 3 03/14/2025 1:37:32 PM MBM092 gender information as the form completed by the applicant under subdivision 1 (c)(4)(A) of this section. 2 (ii) The applicant may subsequently amend the gender 3 information contained on the applicant’s driver’s license or identification 4 card by submitting the form and documentation required under subsection (d) 5 of this section. 6 (5) If the applicant provides an identity document with an 7 application for a driver’s license or identification card that contains no 8 gender information or gender information stated as “X” and does not provide 9 the Office of Driver Services the completed form required under subdivision 10 (c)(4)(A) of this section, the Office of Driver Services shall not issue a 11 driver’s license or identification card to the applicant. 12 (d)(1) On a form provided by the Office of Driver Services, an 13 applicant may request the Office of Driver Services amend the gender 14 information contained on the applicant’s driver’s license or identification 15 card. 16 (2) The applicant shall submit with the form an original or 17 certified copy of an amended birth certificate issued by: 18 (A) The Department of Health under § 20-18-307; or 19 (B) The vital records office of another state or 20 governmental agency. 21 (3)(A) The Office of Driver Services shall not grant an 22 application for a change of gender information unless the applicant: 23 (i) Completes the form provided under subdivision 24 (d)(1) of this section; and 25 (ii) Submits the documentation required by 26 subdivision (d)(2) of this section. 27 (B) If the Office of Driver Services approves the 28 application for an amendment of gender information, the Office of Driver 29 Services may issue to the applicant an amended duplicate: 30 (i) Driver’s license upon the payment of the fee 31 under § 27-16-806, provided that the applicant’s driving privileges are not 32 currently suspended or revoked; or 33 (ii) Identification card upon the payment of the fee 34 provided under § 27-16-805. 35 (4) If the Office of Driver Services denies an application to 36 HB1796 4 03/14/2025 1:37:32 PM MBM092 amend gender information submitted under this section, the Office of Driver 1 Services shall state its reasons for the denial in writing and forward a copy 2 of the denial to the applicant via first class mail. 3 (5) If a driver’s license or identification card record has been 4 amended under this section, the driver’s license or identification card shall 5 contain the person’s amended gender information upon the: 6 (A) Renewal of the driver’s license or identification 7 card; or 8 (B) Issuance of a duplicate driver’s license or 9 identification card. 10 (e)(1) If the records of the Office of Driver Services contain a 11 record of an unexpired driver’s license or identification card that has been 12 issued with gender information stated as “X”, the Office of Driver Services 13 may amend the person’s record to reflect gender information as “M” for male 14 or “F” for female to correspond to the identity document records of the 15 person kept by the Office of Driver Services. 16 (2) If the Office of Driver Services amends the gender 17 information contained within a person’s driver’s license or identification 18 card record under subdivision (e)(1) of this section, the Office of Driver 19 Services shall notify the person in writing via first class mail. 20 21 22 APPROVED: 4/16/25 23 24 25 26 27 28 29 30 31 32 33 34 35 36