302.174.  Deaf or hard of hearing, driver's license special notation, definitions — ASL informational video — rulemaking authority. — 1.  As used in this section, the following terms mean:

  (1)  "Deaf person", any person who, because of hearing loss, is not able to discriminate speech when spoken in a normal conversation tone regardless of the use of amplification devices;

  (2)  "DHH", a notation on a driver's license that indicates the person is a deaf or hard of hearing person who uses alternative communication;

  (3)  "Hard of hearing person", any person who, because of hearing loss, has a diminished capacity to discriminate speech when spoken in a normal conversational tone.

  2.  Any resident of this state who is a deaf or hard of hearing person may apply to the department of revenue to have the notation "DHH" placed on the person's driver's license.  The department of revenue, by rule, may establish the cost and criteria for placement of the DHH notation, such as requiring an applicant to submit certain medical proof of deafness or hearing loss.  The department may also, by rule, elect to use the phrase "deaf or hard of hearing" in lieu of the notation DHH on a driver's license.

  3.  The Missouri commission for the deaf and hard of hearing shall make an informational video in American Sign Language explaining what a DHH notation means on a driver's license and informing Missourians of their right to receive a license with the DHH notation under this section.  This video shall also be captioned in English and converted to QR-Code which shall be posted in a conspicuous place at every driver's license office in Missouri.

  4.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.