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Arkansas General Assembly· HB 1796Notification that HB1796 is now Act 711

An act TO REQUIRE THE DISPLAY OF GENDER INFORMATION 10 ON AN ARKANSAS DRIVER'S LICENSE OR IDENTIFICATION 11 CARD, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas               A Bill
2 95th General Assembly

3 Regular Session, 2025                                        HOUSE BILL 1796

4

5 By: Representative Beaty Jr.

6 By: Senator B. Johnson

7

8                               For An Act To Be Entitled

9   AN ACT TO REQUIRE THE DISPLAY OF GENDER INFORMATION

10  ON AN ARKANSAS DRIVER'S LICENSE OR IDENTIFICATION

11  CARD; AND FOR OTHER PURPOSES.

12

13

14                                          Subtitle

15                        TO REQUIRE THE DISPLAY OF GENDER

16                        INFORMATION ON AN ARKANSAS DRIVER'S

17                        LICENSE OR IDENTIFICATION CARD.

18

19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

20

21  SECTION 1. Arkansas Code � 27-16-1104 is amended to read as follows:

22  27-16-1104. Minimum document requirements -- Definitions.

23  (a) As used in this section:

24  (1)(A) "Applicant" means a person who has applied to the Office

25 of Driver Services for issuance or renewal of an Arkansas driver's license or

26 identification card.

27                        (B) "Applicant" includes without limitation a person who

28 has applied to the Office of Driver Services for an amendment of gender

29 information contained on the person's Arkansas driver's license or

30 identification card under subsection (d) of this section;

31  (2) "Gender information" means the sex of an applicant as stated

32 on the applicant's identity document; and

33  (3) "Identity document" means an applicant's:

34                        (A) Original birth certificate;

35                        (B) Amended birth certificate;

36                        (C) Passport; or

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1                  (D) Identification document issued by the United States

2 Department of Homeland Security.

3   (b) To meet the requirements of this subchapter, the Office of Driver

4 Services shall include at a minimum the following information and features on

5 each driver's license and identification card that it issues to a person an

6 applicant:

7             (1) The person's applicant's full legal name;

8             (2) The person's applicant's date of birth;

9             (3) The person's applicant's gender information;

10            (4) The person's applicant's driver's license or identification

11 card number;

12            (5) A digital photograph of the person applicant;

13            (6) The person's applicant's address of residence;

14            (7) The person's applicant's signature;

15            (8) Physical security features designed to prevent tampering,

16 counterfeiting, or duplication of the document for fraudulent purposes; and

17            (9) A common machine-readable technology with defined minimum

18 data elements.

19  (c)(1) A driver's license or identification card issued by the Office

20 of Driver Services shall state the applicant's gender information as "M" for

21 male or "F" for female.

22            (2) Except as provided under subdivision (c)(4) of this section,

23 a driver's license or identification card issued by the Office of Driver

24 Services shall contain the same gender information as stated on the

25 applicant's identity document.

26            (3) The Office of Driver Services shall not issue a driver's

27 license or identification card that contains:

28                 (A) Gender information stated as "X"; or

29                 (B) No gender information.

30            (4)(A) If an applicant provides an identity document with an

31 application for a driver's license or identification card that contains no

32 gender information or gender information stated as "X", the applicant shall

33 state the applicant's gender information as "M" for male or "F" for female on

34 a form provided by the Office of Driver Services.

35                 (B)(i) The applicant's driver's license or identification

36 card issued or renewed by the Office of Driver Services shall state the same

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1 gender information as the form completed by the applicant under subdivision

2 (c)(4)(A) of this section.

3                        (ii) The applicant may subsequently amend the gender

4 information contained on the applicant's driver's license or identification

5 card by submitting the form and documentation required under subsection (d)

6 of this section.

7         (5) If the applicant provides an identity document with an

8 application for a driver's license or identification card that contains no

9 gender information or gender information stated as "X" and does not provide

10 the Office of Driver Services the completed form required under subdivision

11 (c)(4)(A) of this section, the Office of Driver Services shall not issue a

12 driver's license or identification card to the applicant.

13        (d)(1) On a form provided by the Office of Driver Services, an

14 applicant may request the Office of Driver Services amend the gender

15 information contained on the applicant's driver's license or identification

16 card.

17        (2) The applicant shall submit with the form an original or

18 certified copy of an amended birth certificate issued by:

19                  (A) The Department of Health under � 20-18-307; or

20                  (B) The vital records office of another state or

21 governmental agency.

22        (3)(A) The Office of Driver Services shall not grant an

23 application for a change of gender information unless the applicant:

24                       (i) Completes the form provided under subdivision

25 (d)(1) of this section; and

26                       (ii) Submits the documentation required by

27 subdivision (d)(2) of this section.

28                  (B) If the Office of Driver Services approves the

29 application for an amendment of gender information, the Office of Driver

30 Services may issue to the applicant an amended duplicate:

31                       (i) Driver's license upon the payment of the fee

32 under � 27-16-806, provided that the applicant's driving privileges are not

33 currently suspended or revoked; or

34                       (ii) Identification card upon the payment of the fee

35 provided under � 27-16-805.

36        (4) If the Office of Driver Services denies an application to

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1 amend gender information submitted under this section, the Office of Driver

2 Services shall state its reasons for the denial in writing and forward a copy

3 of the denial to the applicant via first class mail.

4           (5) If a driver's license or identification card record has been

5 amended under this section, the driver's license or identification card shall

6 contain the person's amended gender information upon the:

7           (A) Renewal of the driver's license or identification

8 card; or

9           (B) Issuance of a duplicate driver's license or

10 identification card.

11  (e)(1) If the records of the Office of Driver Services contain a

12 record of an unexpired driver's license or identification card that has been

13 issued with gender information stated as "X", the Office of Driver Services

14 may amend the person's record to reflect gender information as "M" for male

15 or "F" for female to correspond to the identity document records of the

16 person kept by the Office of Driver Services.

17          (2) If the Office of Driver Services amends the gender

18 information contained within a person's driver's license or identification

19 card record under subdivision (e)(1) of this section, the Office of Driver

20 Services shall notify the person in writing via first class mail.

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