302.171. Application for license--form--content--educational materials to be provided to applicants under twenty-one--voluntary contribution to organ donation program--information to be included in re
Application for license--form--content--educational materials to beprovided to applicants under twenty-one--voluntary contributionto organ donation program--information to be included inregistry--voluntary contribution to blindnessassistance--exemption from requirement to provide proof ofresidency--one-year renewal, requirements.
302.171. 1. The director shall verify that an applicant for adriver's license is a Missouri resident or national of the United States ora noncitizen with a lawful immigration status, and a Missouri residentbefore accepting the application. The director shall not issue a driver'slicense for a period that exceeds the duration of an applicant's lawfulimmigration status in the United States. The director may establishprocedures to verify the Missouri residency or United States naturalizationor lawful immigration status and Missouri residency of the applicant andestablish the duration of any driver's license issued under this section.An application for a license shall be made upon an approved form furnishedby the director. Every application shall state the full name, SocialSecurity number, age, height, weight, color of eyes, sex, residence,mailing address of the applicant, and the classification for which theapplicant has been licensed, and, if so, when and by what state, andwhether or not such license has ever been suspended, revoked, ordisqualified, and, if revoked, suspended or disqualified, the date andreason for such suspension, revocation or disqualification and whether theapplicant is making a one dollar donation to promote an organ donationprogram as prescribed in subsection 2 of this section. A driver'slicense, nondriver's license, or instruction permit issued under thischapter shall contain the applicant's legal name as it appears on a birthcertificate or as legally changed through marriage or court order. No namechange by common usage based on common law shall be permitted. Theapplication shall also contain such information as the director may requireto enable the director to determine the applicant's qualification fordriving a motor vehicle; and shall state whether or not the applicant hasbeen convicted in this or any other state for violating the laws of this orany other state or any ordinance of any municipality, relating to drivingwithout a license, careless driving, or driving while intoxicated, orfailing to stop after an accident and disclosing the applicant's identity,or driving a motor vehicle without the owner's consent. The applicationshall contain a certification by the applicant as to the truth of the factsstated therein. Every person who applies for a license to operate a motorvehicle who is less than twenty-one years of age shall be provided witheducational materials relating to the hazards of driving while intoxicated,including information on penalties imposed by law for violation of theintoxication-related offenses of the state. Beginning January 1, 2001, ifthe applicant is less than eighteen years of age, the applicant must complywith all requirements for the issuance of an intermediate driver's licensepursuant to section 302.178. For persons mobilized and deployed with theUnited States Armed Forces, an application under this subsection shall beconsidered satisfactory by the department of revenue if it is signed by aperson who holds general power of attorney executed by the person deployed,provided the applicant meets all other requirements set by the director.
2. An applicant for a license may make a donation of one dollar topromote an organ donor program. The director of revenue shall collect thedonations and deposit all such donations in the state treasury to thecredit of the organ donor program fund established in sections 194.297 to194.304, RSMo. Moneys in the organ donor program fund shall be usedsolely for the purposes established in sections 194.297 to 194.304, RSMo,except that the department of revenue shall retain no more than one percentfor its administrative costs. The donation prescribed in this subsectionis voluntary and may be refused by the applicant for the license at thetime of issuance or renewal of the license. The director shall makeavailable an informational booklet or other informational sources on theimportance of organ and tissue donations to applicants for licensure asdesigned by the organ donation advisory committee established in sections194.297 to 194.304, RSMo. The director shall inquire of each applicant atthe time the licensee presents the completed application to the directorwhether the applicant is interested in making the one dollar donationprescribed in this subsection and whether the applicant is interested ininclusion in the organ donor registry and shall also specifically informthe licensee of the ability to consent to organ donation by completing theform on the reverse of the license that the applicant will receive in themanner prescribed by subdivision (1) of subsection 1 of section 194.225,RSMo. A symbol shall be placed on the front of the document indicating theapplicant's desire to be listed in the registry. The director shall notifythe department of health and senior services of information obtained fromapplicants who indicate to the director that they are interested inregistry participation, and the department of health and senior servicesshall enter the complete name, address, date of birth, race, gender and aunique personal identifier in the registry established in subsection 1 ofsection 194.304, RSMo.
3. An applicant for a license may make a donation of one dollar topromote a blindness education, screening and treatment program. Thedirector of revenue shall collect the donations and deposit all suchdonations in the state treasury to the credit of the blindness education,screening and treatment program fund established in section 192.935, RSMo.Moneys in the blindness education, screening and treatment program fundshall be used solely for the purposes established in section 192.935, RSMo,except that the department of revenue shall retain no more than one percentfor its administrative costs. The donation prescribed in this subsectionis voluntary and may be refused by the applicant for the license at thetime of issuance or renewal of the license. The director shall inquire ofeach applicant at the time the licensee presents the completed applicationto the director whether the applicant is interested in making the onedollar donation prescribed in this subsection.
4. Beginning July 1, 2005, the director shall deny the drivingprivilege of any person who commits fraud or deception during theexamination process or who makes application for an instruction permit,driver's license, or nondriver's license which contains or is substantiatedwith false or fraudulent information or documentation, or who knowinglyconceals a material fact or otherwise commits a fraud in any suchapplication. The period of denial shall be one year from the effectivedate of the denial notice sent by the director. The denial shall becomeeffective ten days after the date the denial notice is mailed to theperson. The notice shall be mailed to the person at the last known addressshown on the person's driving record. The notice shall be deemed receivedthree days after mailing unless returned by the postal authorities. Nosuch individual shall reapply for a driver's examination, instructionpermit, driver's license, or nondriver's license until the period of denialis completed. No individual who is denied the driving privilege under thissection shall be eligible for a limited driving privilege issued undersection 302.309.
5. All appeals of denials under this section shall be made asrequired by section 302.311.
6. The period of limitation for criminal prosecution under thissection shall be extended under subdivision (1) of subsection 3 of section556.036, RSMo.
7. The director may promulgate rules and regulations necessary toadminister and enforce this section. No rule or portion of a rulepromulgated pursuant to the authority of this section shall becomeeffective unless it has been promulgated pursuant to chapter 536, RSMo.
8. Notwithstanding any provision* of this chapter that requires anapplicant to provide proof of Missouri residency for renewal of anoncommercial driver's license, noncommercial instruction permit, ornondriver's license, an applicant who is sixty-five years and older and whowas previously issued a Missouri noncommercial driver's license,noncommercial instruction permit, or Missouri nondriver's license is exemptfrom showing proof of Missouri residency.
9. Notwithstanding any provision of this chapter, for the renewal ofa noncommercial driver's license, noncommercial instruction permit, ornondriver's license, a photocopy of an applicant's United States birthcertificate along with another form of identification approved by thedepartment of revenue, including, but not limited to, United Statesmilitary identification or United States military discharge papers, shallconstitute sufficient proof of Missouri citizenship.
10. Notwithstanding any other provision of this chapter, if anapplicant does not meet the requirements of subsection 8 of this sectionand does not have the required documents to prove Missouri residency,United States naturalization, or lawful immigration status, the departmentmay issue a one-year driver's license renewal. This one-time renewal shallonly be issued to an applicant who previously has held a Missourinoncommercial driver's license, noncommercial instruction permit, ornondriver's license for a period of fifteen years or more and who does nothave the required documents to prove Missouri residency, United Statesnaturalization, or lawful immigration status. After the expiration of theone-year period, no further renewal shall be provided without the applicantproducing proof of Missouri residency, United States naturalization, orlawful immigration status.
(L. 1951 p. 678 § 302.170, A.L. 1955 p. 621, A.L. 1984 H.B. 1611 Revision, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1991 H.B. 202 & 364, A.L. 1995 H.B. 178, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1997 H.B. 783, A.L. 1999 S.B. 19, A.L. 2000 S.B. 721, A.L. 2003 S.B. 356, A.L. 2004 S.B. 1233, et al., A.L. 2006 S.B. 1001, et al., A.L. 2007 S.B. 82, A.L. 2008 S.B. 1139, A.L. 2009 H.B. 361)*Word "provisions" appears in original rolls.