Text of MO HB 2076 (2026)
Modifies provisions relating to sex designation on driver's licenses, nondriver's licenses, and permits
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
13,425 characters
SECOND REGULAR SESSION
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Section A. Section 302.171, RSMo, is repealed and one new section enacted in lieu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.
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
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 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
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 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
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 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.
Bill Body End
HB 2076
5