unlawful presence; commercial vehicle; forfeiture

Plain English Breakdown

The official summary states that HURF monies are distributed to cities, towns, counties, and the State Highway Fund, but the bill text only specifies depositing funds into HURF.

HB2345: New Rules for Fake Commercial Driver Licenses and Vehicle Forfeiture

This bill creates a new class 5 felony for people unlawfully present in the U.S. who possess a fake commercial driver license, requiring police to seize any commercial vehicle used during this act.

What This Bill Does

• Creates a class 5 felony charge for anyone not authorized by federal law to be in the United States if they possess a falsified Commercial Driver License (CDL).
• Requires peace officers to take possession of, or seize, any commercial motor vehicle being driven at the time this crime happens.
• Orders that seized vehicles titled to the person who committed the crime must be sold at auction.
• Mandates that if an employer knowingly hired a violator and owns the vehicle, the vehicle is sold at auction and the employer pays a civil penalty equal to the car's fair market value.
• Directs the Department of Transportation to put all money from auctions or penalties into the Highway User Revenue Fund (HURF).
• Requires that any loans or financial interests on seized vehicles be paid off using auction proceeds before remaining funds go to HURF.

Who It Names or Affects

• People who are not authorized by federal law to be in the United States and possess a fake Commercial Driver License.
• Employers who knowingly hire individuals violating this new rule while operating commercial vehicles they own or title.
• Peace officers responsible for seizing vehicles involved in these violations.

Terms To Know

Commercial Driver License (CDL)

A special license issued by the state that allows a person to drive large trucks, buses, or vehicles carrying hazardous materials for business purposes.

Forfeiture

The legal process where the government takes ownership of property used in connection with a crime.

Highway User Revenue Fund (HURF)

A state fund that collects money from transportation taxes and fees to pay for building and fixing roads, bridges, and highways.

Limits and Unknowns

• The bill does not specify an effective date in the provided text.
• Vehicle seizure only happens if the person is driving a commercial vehicle at the time of possessing the fake license; it does not apply to possession without driving.

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