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HB 1763

Modifies provisions relating to nondomiciled commercial drivers' licenses and learners' permits

2026 Regular Session Introduced by Mike McGirl

Missouri will allow certain foreign residents employed in the state (H-2A/H-2B/E-2) to obtain nondomiciled CDLs or commercial instruction permits starting Aug 28, 2026, if federal

Referred: Emerging Issues(H)
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Bill Summary · HB 1763

HB 1763 — Summary (section on nondomiciled commercial driver's licenses / learners' permits)

Note: HB 1763 as provided contains material from multiple states and unrelated amendments. This summary focuses on the provision that repeals and reenacts Missouri Revised Statutes § 302.735 — the section that governs commercial driver's licenses (CDLs) — because the bill title and the substantive language included address nondomiciled commercial driver licensing and instruction permits.

Main purpose

To revise Missouri law governing issuance and renewal of commercial driver's licenses and to create (or clarify) a pathway for issuing nondomiciled commercial driver's licenses and commercial driver's instruction permits to certain foreign residents employed in Missouri, subject to federal testing/standards and immigration/documentation requirements.

Key provisions and changes

  • Repeals and reenacts RSMo § 302.735, consolidating existing CDL rules (expiration periods, fees, hazardous materials endorsement rules, verification of lawful presence, penalties for falsified applications, etc.).
  • Adds a new nondomiciled-CDL provision (subsection 13):
    • Effective August 28, 2026, the Director may issue a nondomiciled CDL or a commercial driver's instruction permit to an applicant who is a resident of a foreign jurisdiction if the U.S. Secretary of Transportation has determined that that foreign jurisdiction’s testing/licensing standards do not meet the 49 CFR 383 standards.
    • Applicants for a nondomiciled CDL/permit must demonstrate current employment with an employer in Missouri as one of the following:
    • Temporary agricultural worker under the federal H‑2A program;
    • Temporary non‑agricultural worker under the H‑2B program; or
    • Treaty investor under the E‑2 program.
    • Proof of employment requires appropriate labor certification, employer documentation, or other federal visa process evidence. Nondomiciled applicants must present an unexpired Form I‑94 or I‑94A and an unexpired foreign passport at every issuance, transfer, renewal, or upgrade.
    • Nondomiciled applicants are required to comply with the same testing, driver record checks, disqualification rules, and conviction reporting requirements that apply to resident commercial drivers (text truncated in source but direction is to treat nondomiciled applicants comparably to residents).
  • Retains and clarifies other existing provisions in § 302.735, including:
    • CDL expirations (generally six years; shorter periods for some age groups), renewal timing, and duplicate license rules.
    • Hazardous materials endorsement terms, TSA-based revocation procedures, and security threat assessment timing.
    • Fees for CDLs based on term length; penalties for falsifying application information (license cancellation/no issuance for one year).
    • Requirement to verify lawful presence before issuance (existing rule dating from 2005).

Who is affected

  • Foreign nationals residing abroad but employed in Missouri under H‑2A, H‑2B, or E‑2 visa categories who need Missouri CDLs or commercial instruction permits.
  • Missouri employers (especially agricultural and seasonal labor employers) who hire H‑2A/H‑2B/E‑2 workers and rely on drivers for commercial operations.
  • Missouri Department of Revenue / Director (administrative implementation, document verification, licensing procedures).
  • Law enforcement, motor carrier safety regulators, and federal agencies (TSA/Transportation) due to cross-reference with federal standards and security assessments.

Procedural / timeline aspects

  • The nondomiciled-license authority is tied to a federal determination and is scheduled to be effective beginning August 28, 2026 (per the bill text).
  • Other provisions (e.g., existing lawful presence verification) remain in effect under statutory timelines already in place.
  • The source text is truncated in places; final implementation will depend on any additional rules the Director promulgates and any companion regulatory actions required to verify employment and immigration documents.

Potential impacts

  • Enables certain non‑U.S. domiciled but temporarily-employed foreign workers to obtain Missouri CDLs when their home countries’ licensing standards are inadequate relative to federal standards — potentially easing workforce constraints for sectors that employ these visa workers.
  • Administrative workload increase for the Department of Revenue to verify visa/employment documents at each licensing action and to ensure nondomiciled applicants meet testing and safety requirements.
  • Safety/regulatory alignment with federal testing standards and TSA security assessments for hazardous-material endorsements remains a key control.

If you want, I can:
- Produce a redline-style summary showing exactly what language is added/removed;
- Highlight differences between current § 302.735 and the bill’s text in table form;
- Track the bill’s legislative status and next procedural steps for Missouri.

Compiled from official sources — confirm details with the bill’s official record.

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