B.1

OFFICE OF THE SECRETARYSTATE OF ARKANSAS

Department of Financeand Administration

1509 West Seventh Street, Suite 401
Post Office Box 3278
Little Rock, Arkansas 72203-3278
Phone: (501) 682-2242
Fax: (501) 682-1029
www.arkansas.gov/dfa

March 7, 2024
Ms. Marty Garrity, Director
Arkansas Bureau of Legislative Research
State Capitol – Room 315
Little Rock, Arkansas 72201
Re:

Proposed Emergency Rule – Gender Information Required to be Displayed on an
Arkansas Driver’s License or State-Issued Identification Card

Ms. Garrity:
Enclosed is a proposed emergency rule with necessary attachments for the Office of Driver
Services of the Department of Finance and Administration (Office). The effect of this rule would
require that a driver’s license or state-issued identification card issued by the Office contain the
person’s gender information stated as “M” (male) or “F” (female) and correspond with the gender
information contained on the person’s birth certificate, passport, or identification document issued
by the U.S. Department of Homeland Security (DHS). The rule also provides the Office with anapplication process for a person to amend the gender information contained on a driver’s license
or identification card upon presentation of an original or certified copy of an amended birthcertificate issued by the Arkansas Department of Health or the vital records office of another stateor governmental agency. The rule would prohibit the Office from issuing a driver’s license or
identification card that states gender information as “X”. For driver’s licenses and identification
cards previously issued by the Office that contain gender information stated as “X”, the rule would
provide the Office with the authority to modify gender information to correspond with the person’sbirth certificate, passport, or DHS identity document contained in the records of the Office.
The Department has determined that an emergency rule is necessary in order to administer the
Office’s responsibilities under Ark. Code Ann. § 27-16-1104(3), which requires that a driver’s
license or identification card issued by the Office contain the person’s gender. The Office has
permitted the holder of a driver’s license or identification to choose to indicate “M” (male) or “F”(female) on the person’s driver’s license or identification card although the person’s birthcertificate, passport, or DHS document provides differing gender information. The Office has also
permitted driver’s licenses and identification cards to state gender information as “X” instead of“M” (male) or “F” (female), which this rule would prohibit. This rule is necessary to ensure that
individuals and organizations that rely upon identifying information contained within a driver’s
license or identification card are provided with the most accurate and complete gender informationthat reflects the person’s gender information stated within the holder’s birth certificate, passport,
or DHS document. In addition, the rule is necessary to provide the Office with the procedures tomodify gender information contained in a driver’s license or identification card.

Revised June 2023
QUESTIONNAIRE FOR FILING PROPOSED RULES WITH
THE ARKANSAS LEGISLATIVE COUNCIL
Department of Finance and Administration
DEPARTMENT______________________________________________________________________
BOARD/COMMISSION_______________________________________________________________
BOARD/COMMISSION DIRECTOR____________________________________________________Paul Gehring, Assistant Commissioner of Revenue - Policy & Legal
CONTACT PERSON__________________________________________________________________
Office of Revenue Legal Counsel, P.O. Box 1272 - Room 2380, Little Rock, AR 72203
ADDRESS___________________________________________________________________________
paul.gehring@dfa.arkansas.gov(501) 682-7030
PHONE NO.____________________EMAIL_____________________________________________NAME OF PRESENTER(S) AT SUBCOMMITTEE MEETINGPaul Gehring, Assistant Commissioner of Revenue - Policy & Legal_____________________________________________________________________________________
paul.gehring@dfa.arkansas.gov
PRESENTER EMAIL(S)_______________________________________________________________INSTRUCTIONSIn order to file a proposed rule for legislative review and approval, please submit this Legislative
Questionnaire and Financial Impact Statement, and attach (1) a summary of the rule, describing
what the rule does, the rule changes being proposed, and the reason for those changes; (2) both amarkup and clean copy of the rule; and (3) all documents required by the Questionnaire.
If the rule is being filed for permanent promulgation, please email these items to the attentionof Rebecca Miller-Rice, miller-ricer@blr.arkansas.gov, for submission to the Administrative
Rules Subcommittee.
If the rule is being filed for emergency promulgation, please email these items to the attention of
Director Marty Garrity, garritym@blr.arkansas.gov, for submission to the Executive
Subcommittee.
Please answer each question completely using layman terms.
*************************************************************************************
1.
What is the official title of this rule?
Gender Information Required to be Displayed on an Arkansas Driver's License or State Identification Card_______________________________________________________________________________
on an Arkansas Driver’s License or State Identification Card

2.

Arkansas Driver's Licenses and Identification Cards
What is the subject of the proposed rule? _____________________________________________

3.

Is this rule being filed under the emergency provisions of the Arkansas Administrative Procedure
Act? Yes ✔ No
If yes, please attach the statement required by Ark. Code Ann. § 25-15-204(c)(1).
If yes, will this emergency rule be promulgated under the permanent provisions of the Arkansas
Administrative Procedure Act? Yes ✔
No

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Revised June 2023
4.

Is this rule being filed for permanent promulgation? Yes

No ✔

If yes, was this rule previously reviewed and approved under the emergency provisions of the
Arkansas Administrative Procedure Act? YesNo
If yes, what was the effective date of the emergency rule? ________________________________On what date does the emergency rule expire?_________________________________________
5.

Is this rule required to comply with a federal statute, rule, or regulation? Yes

No ✔

If yes, please provide the federal statute, rule, and/or regulation citation.

6.

Is this rule required to comply with a state statute or rule? Yes ✔ No
If yes, please provide the state statute and/or rule citation.
Ark. Code Ann. § 27-16-1104(3)7.

Are two (2) rules being repealed in accord with Executive Order 23-02?

Yes

No ✔

If yes, please list the rules being repealed.
If no, please explain.
Two Driver Services Rules could not be identified for repeal.

8.

Is this a new rule? Yes ✔

No

No ✔
Does this repeal an existing rule? Yes
If yes, the proposed repeal should be designated by strikethrough. If it is being replaced with a
new rule, please attach both the proposed rule to be repealed and the replacement rule.
Is this an amendment to an existing rule? Yes
No ✔
If yes, all changes should be indicated by strikethrough and underline. In addition, please be
sure to label the markup copy clearly as the markup.
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Revised June 2023
9.

What is the state law that grants the agency its rulemaking authority for the proposed rule,outside of the Arkansas Administrative Procedure Act? Please provide the specific Arkansas
Code citation(s), including subsection(s).
Ark. Code Ann. §§ 25-8-102 and 27-16-1108

10.

Is the proposed rule the result of any recent legislation by the Arkansas General Assembly?
No ✔
Yes
If yes, please provide the year of the act(s) and act number(s).

11.

What is the reason for this proposed rule? Why is it necessary?
Arkansas Code Annotated § 27-16-1104(3) requires that a driver's license or identification card include, at aminimum, identifying information of the holder concerning the person's full legal name, date of birth, addressof residence, signature, and gender. Identifying information contained within a driver's license or identification
card is utilized by law enforcement, for voting, for travel purposes, for conducting financial transactions, andobtaining insurance and health care services, among other uses.
The Office of Driver Services has permitted the holder of a driver's license or identification to choose toindicate "M" (male) or "F" (female) on the driver's license or identification card although the person's birthcertificate, passport, or Homeland Security document provides differing gender information. The Office has
also permitted driver's licenses and identification cards to state gender information as "X" instead of "M"(male) or "F" (female). The purpose of this rule to ensure that individuals and organizations that rely upon
identifying information contained within a driver's license or identification card are provided with the mostaccurate and complete gender information that reflects the person's gender information stated within theholder's birth certificate, passport, or Homeland Security document.

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Revised June 2023
12.

Please provide the web address by which the proposed rule can be accessed by the public asprovided in Ark. Code Ann. § 25-19-108(b)(1).
https://www.dfa.arkansas.gov/news

13.

Will a public hearing be held on this proposed rule? Yes

No ✔

If yes, please complete the following:
Date:________________________________________________________________________
Time:________________________________________________________________________
Place:________________________________________________________________________
Please be sure to advise Bureau Staff if this information changes for any reason.
14.

On what date does the public comment period expire for the permanent promulgation of the rule?
Please provide the specific date. ____________________________________________________

15.

On April 1, 2024 or upon legislative approval
What is the proposed effective date for this rule?_______________________________________

16.

Please attach (1) a copy of the notice required under Ark. Code Ann. § 25-15-204(a)(1) and(2) proof of the publication of that notice.

17.

Please attach proof of filing the rule with the Secretary of State, as required by Ark. Code Ann.
§ 25-15-204(e)(1)(A).

18.

Please give the names of persons, groups, or organizations that you anticipate will comment onthese rules. Please also provide their position (for or against), if known.
Undetermined at this time.

19.

Is the rule expected to be controversial? Yes ✔

No

If yes, please explain.
The rule will require that a driver's license or identification card issued by the Office of Driver Services containgender information that matches the person's birth certificate, passport, or Homeland Security document, which
would change current procedures. The rule also eliminates "X" as an option to be displayed as the person's gender
on a driver's license or identification card. Individuals may object to the new procedures as provided in the rule.

Page 4 of 7

Revised June 2023
FINANCIAL IMPACT STATEMENT
PLEASE ANSWER ALL QUESTIONS COMPLETELY.
Department of Finance and Administration
DEPARTMENT______________________________________________________________________
BOARD/COMMISSION_______________________________________________________________Paul Gehring, Asst. Commissioner of Revenue - Policy & LegalPERSON COMPLETING THIS STATEMENT____________________________________________(501)
682-7030
paul.gehring@dfa.arkansas.gov
TELEPHONE NO._______________ EMAIL _____________________________________________

To comply with Ark. Code Ann. § 25-15-204(e), please complete the Financial Impact Statement andemail it with the questionnaire, summary, markup and clean copy of the rule, and other documents.
Please attach additional pages, if necessary.
Gender Information Required to be Displayed on an Arkansas Driver's License or State ID Card
TITLE OF THIS RULE________________________________________________________________

1.

Does this proposed, amended, or repealed rule have a financial impact?
Yes
No ✔

2.

Is the rule based on the best reasonably obtainable scientific, technical, economic, or otherevidence and information available concerning the need for, consequences of, and alternatives tothe rule?
Yes ✔
No

3.

In consideration of the alternatives to this rule, was this rule determined by the agency to be theleast costly rule considered? Yes ✔
No
If no, please explain:(a) how the additional benefits of the more costly rule justify its additional cost;(b) the reason for adoption of the more costly rule;(c) whether the reason for adoption of the more costly rule is based on the interests of publichealth, safety, or welfare, and if so, how; and(d) whether the reason for adoption of the more costly rule is within the scope of the agency’s
statutory authority, and if so, how.

4.

If the purpose of this rule is to implement a federal rule or regulation, please state the following:(a) What is the cost to implement the federal rule or regulation? Not Applicable
Page 5 of 7

Revised June 2023
Current Fiscal Year

Next Fiscal Year

General Revenue_________________
Federal Funds___________________Cash Funds_____________________
Special Revenue_________________
Other (Identify)__________________

General Revenue________________
Federal Funds___________________Cash Funds_____________________
Special Revenue_________________
Other (Identify)__________________$0.00
Total__________________________$0.00
Total__________________________(b) What is the additional cost of the state rule?
Current Fiscal Year

Next Fiscal Year

General Revenue_________________
Federal Funds___________________Cash Funds_____________________
Special Revenue_________________
Other (Identify)__________________

General Revenue________________
Federal Funds___________________Cash Funds_____________________
Special Revenue_________________
Other (Identify)__________________$0.00
Total__________________________$0.00
Total__________________________

5.

What is the total estimated cost by fiscal year to any private individual, private entity, or private
business subject to the proposed, amended, or repealed rule? Please identify those subject to therule, and explain how they are affected.
Next Fiscal Year
Current Fiscal Year0.00$_________________
0.00$__________________

6.

What is the total estimated cost by fiscal year to a state, county, or municipal government toimplement this rule? Is this the cost of the program or grant? Please explain how the governmentis affected.
Current Fiscal Year
Next Fiscal Year
0.00
0.00
$__________________$__________________

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Revised June 2023
7.

With respect to the agency’s answers to Questions #5 and #6 above, is there a new or increased
cost or obligation of at least one hundred thousand dollars ($100,000) per year to a private
individual, private entity, private business, state government, county government, municipal
government, or to two (2) or more of those entities combined?
Yes

No ✔

If yes, the agency is required by Ark. Code Ann. § 25-15-204(e)(4) to file written findings at thetime of filing the financial impact statement. The written findings shall be filed simultaneouslywith the financial impact statement and shall include, without limitation, the following:(1) a statement of the rule’s basis and purpose;(2) the problem the agency seeks to address with the proposed rule, including a statement of
whether a rule is required by statute;(3) a description of the factual evidence that:(a) justifies the agency’s need for the proposed rule; and(b) describes how the benefits of the rule meet the relevant statutory objectives and justify
the rule’s costs;(4) a list of less costly alternatives to the proposed rule and the reasons why the alternatives do notadequately address the problem to be solved by the proposed rule;(5) a list of alternatives to the proposed rule that were suggested as a result of public comment andthe reasons why the alternatives do not adequately address the problem to be solved by the
proposed rule;(6) a statement of whether existing rules have created or contributed to the problem the agency
seeks to address with the proposed rule and, if existing rules have created or contributed to the
problem, an explanation of why amendment or repeal of the rule creating or contributing to the
problem is not a sufficient response; and(7) an agency plan for review of the rule no less than every ten (10) years to determine whether,based upon the evidence, there remains a need for the rule including, without limitation, whether:(a) the rule is achieving the statutory objectives;(b) the benefits of the rule continue to justify its costs; and(c) the rule can be amended or repealed to reduce costs while continuing to achieve thestatutory objectives.

Page 7 of 7

STATE OF ARKANSAS

Department of Financeand Administration

OFFICE OF THE SECRETARY1509 West Seventh Street, Suite 401
Post Office Box 3278
Little Rock, Arkansas 72203-3278
Phone: (501) 682-2242
Fax: (501) 682-1029
www.arkansas.gov/dfa

Proposed Rule Regarding Gender Information Required to be Displayedon an Arkansas Driver’s License or State Identification Card
March 7, 2024
PURPOSEThe Secretary of the Arkansas Department of Finance and Administration (Secretary) is seeking
Governor Sanders’ review of this proposed rule to clarify the requirement of Ark. Code Ann. § 2716-1104(3) that each driver’s license and identification card issued by DFA contains information
regarding the person’s gender.
BACKGROUND
Pursuant to the authority vested in the Secretary under Ark. Code Ann. §§ 25-8-102(a) and 27-161108, the Secretary, with the approval of the Governor, will administer the requirements of Ark.
Code Ann. § 27-16-1104(3) consistent with this rule by requiring each driver’s license andidentification card issued by the Office of Driver Services of the Department of Finance andAdministration (Office) to state the person’s gender as “M” (male) or “F” (female) consistent withinformation contained on the person’s birth certificate, passport, or identification document issued
by the U.S. Department of Homeland Security (DHS) and no longer permit “X” to be stated on the
person’s driver’s license.
KEY POINTSThe proposed rule:
•
•

•

•

Requires that a driver’s license or identification card issued or renewed by the Officecontain the same gender information of “M” (male) or “F” (female) as stated on the
person’s birth certificate, passport, or DHS document;
Prohibits the Office from issuing or renewing a driver’s license or identification card that
contains gender information that is different than the person’s gender information statedon the person’s birth certificate, passport, or DHS document or states “X” or “blank” as
the person’s gender information;
Authorizes the Office to amend the gender information contained on a person’s driver’s
license or identification card upon presentation of an original or certified copy of anamended birth certificate issued by the Arkansas Department of Health or the vital records
office of another state or governmental agency;
Authorizes the Office to change the “X” gender information contained on a previouslyissued Arkansas driver’s license or identification card based upon the birth certificate,
passport, or DHS document records kept by the Office; and(MARKED UP VERSION OF PROPOSED RULE)
DEPARTMENT OF FINANCE AND ADMINISTRATION –OFFICE OF DRIVER SERVICESRULES FOR GENDER INFORMATION REQUIRED TO BE DISPLAYED ON AN
ARKANSAS DRIVER’S LICENSE OR STATE IDENTIFICATION CARDI.

DEFINITIONS.
As used in these Rules:(1)(A)“Applicant” means a person that has applied to the Office of Driver
Services for issuance or renewal of an Arkansas driver’s license or
identification card.
(B)“Applicant” includes a person that has applied to the Office ofDriver Services for an amendment of gender information contained on the
person’s Arkansas driver’s license or state-issued identification card under
Rule IV of these Rules.

(2)“Driver’s license” means a commercial or non-commercial Arkansas
driver’s license issued by the Office of the Driver Services.
(3)“Gender information” means the sex of an Applicant as stated on the
Applicant’s identity document.
(4)“Identification card” means the card issued for identification purposes onlyby the Office of Driver Services under Ark. Code Ann. § 27-16-805.
(5)“Identity document” means an Applicant’s:(A)
Original birth certificate;(B)
Amended birth certificate;(C)
Passport; or(D)
Identification document issued by the United States Department ofHomeland Security.

(6)“Office” means the Office of Driver Services of the Arkansas Departmentof Finance and Administration.
II.

VERIFICATION OF APPLICANT INFORMATION UPON RENEWAL OF A
DRIVER’S LICENSE OR IDENTIFICATION CARD.
An Applicant shall verify to the Office that the following information contained withinrecords of the Office is correct upon the renewal of the Applicant’s driver’s license or
identification card:(a)
The Applicant’s full legal name;(b)
The Applicant’s date of birth;

(c)
(d)
III.

IV.

The Applicant’s gender information; andThe Applicant’s address of residence.

GENDER INFORMATION REQUIRED TO BE STATED ON A DRIVER’S
LICENSE OR IDENTIFICATION CARD.
(a)

A driver’s license or identification card issued by the Office shall state theApplicant’s gender information as “M” (male) or “F” (female).

(b)

Except as provided under subsection (d)(1) of this Rule, a driver’s license or
identification card issued by the Office shall contain the same gender information
as stated on the Applicant’s identity document.

(c)

The Office shall not issue a driver’s license or identification card that contains:(1)
Gender information stated as “X”; or(2)No gender information.

(d)

(1)
If an Applicant provides an identity document with an application for adriver’s license or identification card that contains no gender information or gender
information stated as “X”, on a form provided by the Office, the Applicant shallstate the Applicant’s gender information as “M” (male) or “F” (female).
(2)(A)
The Applicant’s driver’s license or identification card issued or
renewed by the Office shall state the same gender information as the form
completed by the Applicant under subsection (d)(1) of this Rule.
(B)
The Applicant may subsequently amend the gender information
contained on the Applicant’s driver’s license or identification card bysubmitting the form and documentation required under subsections (a)(1)and (a)(2) of Rule IV of these Rules.
(3)
If the Applicant does not provide the Office with the completed form
required under subsection (d)(1) of this Rule, the Office shall not issue the driver’s
license or identification card to the Applicant.

AMENDMENT OF GENDER INFORMATION ON A DRIVER’S LICENSE OR
IDENTIFICATION CARD.
(a)(1)
On a form provided by the Office, an Applicant may request the Officeamend the gender information contained on the Applicant’s driver’s license or
identification card.
(2)
The Applicant shall submit with the form an original or certified copy of anamended birth certificate issued by:(A)
The Arkansas Department of Health under Ark. Code Ann. § 20-18307; or(B)
The vital records office of another state or governmental agency.

DEPARTMENT OF FINANCE AND ADMINISTRATION –OFFICE OF DRIVER SERVICESRULES FOR GENDER INFORMATION REQUIRED TO BE DISPLAYED ON AN
ARKANSAS DRIVER’S LICENSE OR STATE IDENTIFICATION CARDI.

DEFINITIONS.
As used in these Rules:(1)(A)“Applicant” means a person that has applied to the Office of Driver
Services for issuance or renewal of an Arkansas driver’s license or
identification card.
(B)“Applicant” includes a person that has applied to the Office ofDriver Services for an amendment of gender information contained on the
person’s Arkansas driver’s license or state-issued identification card under
Rule IV of these Rules.

(2)“Driver’s license” means a commercial or non-commercial Arkansas
driver’s license issued by the Office of the Driver Services.
(3)“Gender information” means the sex of an Applicant as stated on the
Applicant’s identity document.
(4)“Identification card” means the card issued for identification purposes onlyby the Office of Driver Services under Ark. Code Ann. § 27-16-805.
(5)“Identity document” means an Applicant’s:(A)
Original birth certificate;(B)
Amended birth certificate;(C)
Passport; or(D)
Identification document issued by the United States Department ofHomeland Security.

(6)“Office” means the Office of Driver Services of the Arkansas Departmentof Finance and Administration.
II.

VERIFICATION OF APPLICANT INFORMATION UPON RENEWAL OF A
DRIVER’S LICENSE OR IDENTIFICATION CARD.
An Applicant shall verify to the Office that the following information contained withinrecords of the Office is correct upon the renewal of the Applicant’s driver’s license or
identification card:(a)
The Applicant’s full legal name;(b)
The Applicant’s date of birth;(c)
The Applicant’s gender information; and(d)
The Applicant’s address of residence.

III.

IV.

GENDER INFORMATION REQUIRED TO BE STATED ON A DRIVER’S
LICENSE OR IDENTIFICATION CARD.
(a)

A driver’s license or identification card issued by the Office shall state theApplicant’s gender information as “M” (male) or “F” (female).

(b)

Except as provided under subsection (d)(1) of this Rule, a driver’s license or
identification card issued by the Office shall contain the same gender information
as stated on the Applicant’s identity document.

(c)

The Office shall not issue a driver’s license or identification card that contains:(1)
Gender information stated as “X”; or(2)No gender information.

(d)

(1)
If an Applicant provides an identity document with an application for adriver’s license or identification card that contains no gender information or gender
information stated as “X”, on a form provided by the Office, the Applicant shallstate the Applicant’s gender information as “M” (male) or “F” (female).
(2)(A)
The Applicant’s driver’s license or identification card issued or
renewed by the Office shall state the same gender information as the form
completed by the Applicant under subsection (d)(1) of this Rule.
(B)
The Applicant may subsequently amend the gender information
contained on the Applicant’s driver’s license or identification card bysubmitting the form and documentation required under subsections (a)(1)and (a)(2) of Rule IV of these Rules.
(3)
If the Applicant does not provide the Office with the completed form
required under subsection (d)(1) of this Rule, the Office shall not issue the driver’s
license or identification card to the Applicant.

AMENDMENT OF GENDER INFORMATION ON A DRIVER’S LICENSE OR
IDENTIFICATION CARD.
(a)(1)
On a form provided by the Office, an Applicant may request the Officeamend the gender information contained on the Applicant’s driver’s license or
identification card.
(2)
The Applicant shall submit with the form an original or certified copy of anamended birth certificate issued by:(A)
The Arkansas Department of Health under Ark. Code Ann. § 20-18307; or(B)
The vital records office of another state or governmental agency.

(b)

(1)
The Office shall not grant an application for change of gender information
unless the Applicant:(A)
Completes the form provided under subsection (a)(1) of this Rule;and(MARKED UP VERSION OF PROPOSED RULE)
DEPARTMENT OF FINANCE AND ADMINISTRATION –OFFICE OF DRIVER SERVICESRULES FOR GENDER INFORMATION REQUIRED TO BE DISPLAYED ON AN
ARKANSAS DRIVER’S LICENSE OR STATE IDENTIFICATION CARDI.

DEFINITIONS.
As used in these Rules:(1)(A)“Applicant” means a person that has applied to the Office of Driver
Services for issuance or renewal of an Arkansas driver’s license or
identification card.
(B)“Applicant” includes a person that has applied to the Office ofDriver Services for an amendment of gender information contained on the
person’s Arkansas driver’s license or state-issued identification card under
Rule IV of these Rules.

(2)“Driver’s license” means a commercial or non-commercial Arkansas
driver’s license issued by the Office of the Driver Services.
(3)“Gender information” means the sex of an Applicant as stated on the
Applicant’s identity document.
(4)“Identification card” means the card issued for identification purposes onlyby the Office of Driver Services under Ark. Code Ann. § 27-16-805.
(5)“Identity document” means an Applicant’s:(A)
Original birth certificate;(B)
Amended birth certificate;(C)
Passport; or(D)
Identification document issued by the United States Department ofHomeland Security.

(6)“Office” means the Office of Driver Services of the Arkansas Departmentof Finance and Administration.
II.

VERIFICATION OF APPLICANT INFORMATION UPON RENEWAL OF A
DRIVER’S LICENSE OR IDENTIFICATION CARD.
An Applicant shall verify to the Office that the following information contained withinrecords of the Office is correct upon the renewal of the Applicant’s driver’s license or
identification card:(a)
The Applicant’s full legal name;(b)
The Applicant’s date of birth;

(c)
(d)
III.

IV.

The Applicant’s gender information; andThe Applicant’s address of residence.

GENDER INFORMATION REQUIRED TO BE STATED ON A DRIVER’S
LICENSE OR IDENTIFICATION CARD.
(a)

A driver’s license or identification card issued by the Office shall state theApplicant’s gender information as “M” (male) or “F” (female).

(b)

Except as provided under subsection (d)(1) of this Rule, a driver’s license or
identification card issued by the Office shall contain the same gender information
as stated on the Applicant’s identity document.

(c)

The Office shall not issue a driver’s license or identification card that contains:(1)
Gender information stated as “X”; or(2)No gender information.

(d)

(1)
If an Applicant provides an identity document with an application for adriver’s license or identification card that contains no gender information or gender
information stated as “X”, on a form provided by the Office, the Applicant shallstate the Applicant’s gender information as “M” (male) or “F” (female).
(2)(A)
The Applicant’s driver’s license or identification card issued or
renewed by the Office shall state the same gender information as the form
completed by the Applicant under subsection (d)(1) of this Rule.
(B)
The Applicant may subsequently amend the gender information
contained on the Applicant’s driver’s license or identification card bysubmitting the form and documentation required under subsections (a)(1)and (a)(2) of Rule IV of these Rules.
(3)
If the Applicant does not provide the Office with the completed form
required under subsection (d)(1) of this Rule, the Office shall not issue the driver’s
license or identification card to the Applicant.

AMENDMENT OF GENDER INFORMATION ON A DRIVER’S LICENSE OR
IDENTIFICATION CARD.
(a)(1)
On a form provided by the Office, an Applicant may request the Officeamend the gender information contained on the Applicant’s driver’s license or
identification card.
(2)
The Applicant shall submit with the form an original or certified copy of anamended birth certificate issued by:(A)
The Arkansas Department of Health under Ark. Code Ann. § 20-18307; or(B)
The vital records office of another state or governmental agency.

DEPARTMENT OF FINANCE AND ADMINISTRATION –OFFICE OF DRIVER SERVICESRULES FOR GENDER INFORMATION REQUIRED TO BE DISPLAYED ON AN
ARKANSAS DRIVER’S LICENSE OR STATE IDENTIFICATION CARDI.

DEFINITIONS.
As used in these Rules:(1)(A)“Applicant” means a person that has applied to the Office of Driver
Services for issuance or renewal of an Arkansas driver’s license or
identification card.
(B)“Applicant” includes a person that has applied to the Office ofDriver Services for an amendment of gender information contained on the
person’s Arkansas driver’s license or state-issued identification card under
Rule IV of these Rules.

(2)“Driver’s license” means a commercial or non-commercial Arkansas
driver’s license issued by the Office of the Driver Services.
(3)“Gender information” means the sex of an Applicant as stated on the
Applicant’s identity document.
(4)“Identification card” means the card issued for identification purposes onlyby the Office of Driver Services under Ark. Code Ann. § 27-16-805.
(5)“Identity document” means an Applicant’s:(A)
Original birth certificate;(B)
Amended birth certificate;(C)
Passport; or(D)
Identification document issued by the United States Department ofHomeland Security.

(6)“Office” means the Office of Driver Services of the Arkansas Departmentof Finance and Administration.
II.

VERIFICATION OF APPLICANT INFORMATION UPON RENEWAL OF A
DRIVER’S LICENSE OR IDENTIFICATION CARD.
An Applicant shall verify to the Office that the following information contained withinrecords of the Office is correct upon the renewal of the Applicant’s driver’s license or
identification card:(a)
The Applicant’s full legal name;(b)
The Applicant’s date of birth;(c)
The Applicant’s gender information; and(d)
The Applicant’s address of residence.

III.

IV.

GENDER INFORMATION REQUIRED TO BE STATED ON A DRIVER’S
LICENSE OR IDENTIFICATION CARD.
(a)

A driver’s license or identification card issued by the Office shall state theApplicant’s gender information as “M” (male) or “F” (female).

(b)

Except as provided under subsection (d)(1) of this Rule, a driver’s license or
identification card issued by the Office shall contain the same gender information
as stated on the Applicant’s identity document.

(c)

The Office shall not issue a driver’s license or identification card that contains:(1)
Gender information stated as “X”; or(2)No gender information.

(d)

(1)
If an Applicant provides an identity document with an application for adriver’s license or identification card that contains no gender information or gender
information stated as “X”, on a form provided by the Office, the Applicant shallstate the Applicant’s gender information as “M” (male) or “F” (female).
(2)(A)
The Applicant’s driver’s license or identification card issued or
renewed by the Office shall state the same gender information as the form
completed by the Applicant under subsection (d)(1) of this Rule.
(B)
The Applicant may subsequently amend the gender information
contained on the Applicant’s driver’s license or identification card bysubmitting the form and documentation required under subsections (a)(1)and (a)(2) of Rule IV of these Rules.
(3)
If the Applicant does not provide the Office with the completed form
required under subsection (d)(1) of this Rule, the Office shall not issue the driver’s
license or identification card to the Applicant.

AMENDMENT OF GENDER INFORMATION ON A DRIVER’S LICENSE OR
IDENTIFICATION CARD.
(a)(1)
On a form provided by the Office, an Applicant may request the Officeamend the gender information contained on the Applicant’s driver’s license or
identification card.
(2)
The Applicant shall submit with the form an original or certified copy of anamended birth certificate issued by:(A)
The Arkansas Department of Health under Ark. Code Ann. § 20-18307; or(B)
The vital records office of another state or governmental agency.

(b)

(1)
The Office shall not grant an application for change of gender information
unless the Applicant:(A)
Completes the form provided under subsection (a)(1) of this Rule;andMarty Garrity, Director

STATE OF ARKANSAS

Kevin Anderson, Assistant Director
for Fiscal Services

BUREAU OF
LEGISLATIVE RESEARCH

Matthew Miller, Assistant Director
for Legal Services
Jessica Whittaker, Assistant Director
for Research Services
Eric Sanders, Assistant Director
for Information Technology

MEMORANDUM
TO:

Members, ALC – Executive Subcommittee

CC:

Marty Garrity, Director, Bureau of Legislative Research;
Rebecca Miller-Rice, Administrator, Administrative Rules Review Section,
Legal Services Division

FROM:

Lacey Johnson, Legislative Attorney, Administrative Rules Review Section,
Legal Services Division

DATE:

March 7, 2024

SUBJECT:

Legal Authorization for the Arkansas Department of Finance andAdministration, Office of Driver Services’ Emergency Promulgation of a Rule
Regarding Information Required to be Displayed on an Arkansas Driver’s
License or State Identification Card

The Secretary of the Department of Finance and Administration “shall promulgate rules toimplement and administer” the Driver’s License Security and Modernization Act, codified at
Ark. Code Ann. §§ 27-16-1101 to -1112. “To meet the requirements of [the Act], the Office ofDriver Services shall include at a minimum the following information and features on eachdriver’s license and identification card that it issues to a person:(1) The person’s full legal name;(2) The person’s date of birth;(3) The person’s gender;(4) The person’s driver’s license or identification card number;(5) A digital photograph of the person;(6) The person’s address of residence;(7) The person’s signature;(8) Physical security features designed to prevent tampering, counterfeiting, or
duplication of the document for fraudulent purposes; and(9) A common machine-readable technology with defined minimum data elements.”
Ark. Code Ann. § 27-16-1104.

State Capitol, Room 315

Little Rock, AR 72201(501) 682-1937

Fax (501) 682-1936