unlawful presence; commercial vehicle; forfeiture

Plain English Breakdown

The exact penalties for employers are not detailed in the official source material, only that they must pay a civil penalty equal to the fair market value of the seized vehicle if it belongs to someone else.

Unlawful Presence; Commercial Vehicle Forfeiture

This bill makes it a felony for someone who is not legally allowed to be in the United States to possess a falsified commercial driver's license and requires that their vehicle be seized if they are driving when caught.

What This Bill Does

• Makes it illegal for people without legal permission to be in the U.S. to have a falsified commercial driver's license (CDL).
• If someone with a falsified CDL is caught while driving a commercial vehicle, their vehicle will be seized and sold at auction.
• The money from selling the seized vehicles goes into the Highway User Revenue Fund (HURF).
• Employers who knowingly hire people with falsified CDLs must pay a civil penalty equal to the fair market value of the seized vehicle if it belongs to someone else.

Who It Names or Affects

• People without legal permission to be in the U.S. who have falsified commercial driver's licenses.
• Employers who hire people with falsified CDLs.
• The Arizona Department of Transportation, which will handle the auctions and deposit money into a highway fund.

Terms To Know

Commercial Driver License (CDL)

A special license needed to drive large trucks or buses that carry goods or people for work.

Highway User Revenue Fund

Money collected from taxes and fees used to build and maintain roads in Arizona.

Limits and Unknowns

• The bill does not specify what happens if the seized vehicle is owned by someone who did not break the law.
• It's unclear how this will affect people who accidentally have a falsified CDL or do not know they are breaking the law.

Official Summary Text

HB2345 - 572R - House Bill Summary

ARIZONA HOUSE OF REPRESENTATIVES

57th
Legislature, 2nd Regular Session

Majority Research Staff

House:
JUD DPA 5-3-1-0

HB
2345
: unlawful presence; commercial vehicle; forfeiture

Sponsor:
Representative Livingston, LD 28

Caucus
& COW

Overview

Establishes a new
criminal offense for a person who is unlawfully present in the United States
and possesses a falsified commercial driver license (CDL). If driving a
commercial vehicle at the time of the offence, the vehicle is to be sold at
auction, and the proceeds deposited in the Highway User Revenue Fund (HURF).

History

A CDL is issued by the Arizona Department of Transportation and
authorizes an individual to operate commercial motor vehicles, which are
vehicles used in commerce that generally include high-weight vehicles, buses
and vehicles transporting hazardous materials (
A.R.S. � 28-3001
;
ADOT, License
Information CDL
).

Under current law, it is a class 2 misdemeanor to knowingly
possess or display a canceled, revoked, suspended, fictitious or fraudulently
altered driver license, including a CDL. It is also unlawful to intentionally
alter, forge or counterfeit a driver license or identification license; this
crime is a class 1 misdemeanor, elevated to a class 6 felony if serious
physical injury results from the underlying act (A.R.S. �� �
28-3476
;
28-3478
).

HURF consists of monies collected from various
transportation-related taxes and fees such as gasoline taxes, motor-carrier
taxes, vehicle-license taxes and motor vehicle registration fees. Monies
deposited in HURF are distributed to the cities, towns and counties and to the
State Highway Fund. These taxes represent a primary source of revenues
available to the state for highway construction (
ADOT, Highway
User Revenue Fund
;
A.R.S. Title 28, Chapter 18
).

Provisions

1.

Establishes
that, notwithstanding any other law, it is unlawful for a person whose presence
in the United States is not authorized under federal law to possess a falsified
CDL and classifies a violation as a class 5 felony. (Sec. 1)

2.

Requires
that, notwithstanding any other law, if a person violated the aforesaid while
operating a commercial motor vehicle, the peace officer shall seize the
commercial motor vehicle for forfeiture. (Sec. 1)

3.

Instructs,
if the commercial motor vehicle is titled to the violator, that the vehicle be
sold at auction. (Sec. 1)

4.

Instructs
that, if the commercial motor vehicle is titled to a person who knowingly
employed the violator:

a.

the vehicle
be sold at auction; and

b.

the employer
pay a civil penalty equal to the fair market value of the commercial vehicle
seized. (Sec. 1)

5.

Directs the
Department of Transportation to deposit any auction proceeds or civil penalties
collected under this Act into HURF. (Sec. 1)

6.

Makes
conforming changes. (Sec. 2)

Amendments

Committee on
Judiciary

1.

�Specifies
that forfeiture is to be carried out in accordance with existing statute and
that any interests or loans against the vehicle are to be paid out of the
auction monies before they are sent to HURF.

2.

Makes a technical correction.

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Initials NM��������������� HB
2345

1/28/2026������� Page
0 Caucus & COW

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Current Bill Text

HB2345 - 572R - I Ver

REFERENCE TITLE:
unlawful presence; commercial vehicle; forfeiture

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2345

Introduced by

Representative
Livingston

AN
ACT

Amending title 28, Chapter 14, article 2,
Arizona Revised Statutes, by adding section 28-5233; Amending section 28-6501,
Arizona Revised Statutes; relating to commercial driver licenses.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 28, chapter 14, article 2,
Arizona Revised Statutes, is amended by adding section 28-5233, to read:

START_STATUTE
28-5233.

Unlawful presence; falsification of commercial driver license;
violation; classification; civil penalty; vehicle forfeiture; disposition of
monies

A. NOTWITHSTANDING any other law, it
is unlawful for a person whose presence in the United States is not authorized
under federal law and who possesses a falsified commercial driver
license. a person who violates this subsection is guilty of a class
5 felony.

B. Notwithstanding any other law, if
a person violates subsection A of this section and the person was operating the
commercial motor vehicle at the time the violation occurred, a peace officer
shall seize the commercial motor vehicle for forfeiture.

C. If a commercial motor vehicle is
seized for forfeiture pursuant to subsection B of this section and the
commercial motor vehicle is titled or registered to:

1. the person who violated subsection
a of this section, the commercial motor vehicle shall be sold at auction.

2. A person who was not operating the
commercial motor vehicle at the time of the violation PURSUANT to subsection A
of this section but the person knowingly employed the person in violation of
subsection a of this section, both of the following apply:

(
a
) The
commercial motor vehicle shall be sold at auction.

(
b
) The
employer shall pay a civil penalty equal to the amount of the fair market value
of the commercial motor vehicle seized for forfeiture pursuant to subsection B
of this section.

D. the department shall deposit,
pursuant to sections 35-146 and 35-147, Any proceeds or civil penalties
collected pursuant to subsection C of this section in the arizona highway user
revenue fund established by section 28-6533.
END_STATUTE

Sec. 2. Section 28-6501, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-6501.

Definition of highway user revenues

In this article, unless the context otherwise requires or
except as otherwise provided by statute, "highway user revenues"
means all monies received in this state from licenses, taxes, penalties,
interest and fees authorized by the following:

1. Chapters 2, 7, 8 and 15 of this title, except
for:

(a) The special plate administration fees prescribed
in sections 28-2404, 28-2407, 28-2412 through 28-2470.39
and 28-2514.

(b) The donations
prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2415,
28-2417 through 28-2470.39, 28-2473, 28-2474,

28-2475 and 28-2476.

2. Section 28-1177.

3. Chapters 10 and 11
of this title.

4. SEction 28-5233.

4.

5.
Chapter
16, articles 1, 2 and 4 of this title, except as provided in sections 28-5926
and 28-5927.
END_STATUTE