licenses; not proof of citizenship

HB2867 - 572R - I Ver

REFERENCE TITLE:
licenses; not proof of citizenship

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2867

Introduced by

Representatives
Hernandez L: Tsosie

AN
ACT

amending sections 28-440, 28-3153,
28-3158, 28-3165 and 28-3166, Arizona Revised Statutes;
amending title 28, chapter 8, article 4, Arizona Revised Statutes, by adding
section 28-3176; relating to driver and nonoperating identification
licenses.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 28-440, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-440.

Definitions

In this article, unless the context otherwise requires:

1. "Bulk records" means multiple records
that are retrieved collectively from the department's database as a result of a
single request. Bulk records does not include retrieving one record
at a time from a single request.

2. "Duplicate" means a counterpart
produced by any of the following:

(a) The same impression or from the same matrix as
the original.

(b) Means of photography, including enlargements and
miniatures.

(c) Mechanical or electronic rerecording.

(d) Chemical reproduction.

(e) Any other equivalent technique that accurately
reproduces the original.

3. "Electronic signature" means an
electronic sound, symbol or process attached to or logically associated with a
document and executed or adopted by a person with the intent to sign the
document.

4. "Express consent" means consent in
writing, including consent that is conveyed electronically and that bears an electronic
signature.

5. "Highly restricted personal
information" means an individual's photograph or image, social security
number
, individual taxpayer identification number, foreign
government-issued identification document number
and medical or
disability information.

6. "Insurance support organization" has
the same meaning prescribed in section 20-2102.

7. "Medical or disability information"
means a restriction or medical code placed on a person's motor vehicle record
pursuant to section 28-3159, subsection A, paragraph 1 or section 28-3167.

8. "Motor vehicle record" means any record
that pertains to a driver license or permit, vehicle registration, vehicle
title or identification document issued by the department or its duly
authorized third parties, agents or contractors that are authorized to issue
any of those documents.

9. "Opt in" means a customer of the
department has provided express consent to the department to allow the release
of the customer's personal information, including highly restricted personal
information, in a form prescribed by the director.

10. "Original":

(a) Of a record means the record itself or any
counterpart intended to have the same effect by the person executing or issuing
it.

(b) Of a photograph means the negative or a print
from the negative.

(c) Of data stored in a computer or similar device
means a printout or other output that is readable by sight and that is shown to
reflect the data accurately.

11. "Personal information" means
information that identifies an individual and that includes an individual's
photograph, social security number, driver identification number, name,
address, telephone number and medical or disability information. Personal
information does not include an individual's five-digit zip code and
information about vehicular accidents, driving violations and driver status.

12. "Photographs" includes still
photographs, x-ray films, videotapes, motion pictures and digitized
electronic images.

13. "Records" has the same meaning
prescribed in section 41-151.

14. "Vehicle history report" means a
report that is developed to track the registration and total loss history of a
particular vehicle and includes odometer readings and brand codes, title brand
codes and any related vehicle data.� Vehicle history report does not include
names and addresses.
END_STATUTE

Sec. 2. Section 28-3153, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-3153.

Driver license issuance; prohibitions

A. The department shall not issue the following:

1. A driver license to a person who is under
eighteen years of age, except that the department may issue:

(a) A restricted instruction permit for a class D or
G license to a person who is at least fifteen years of age.

(b) An instruction permit for a class D, G or M
license as provided by this chapter to a person who is at least fifteen years
and six months of age.

(c) A class G or M license as provided by this
chapter to a person who is at least sixteen years of age.

2. A class D, G or M license or instruction permit
to a person who is under eighteen years of age and who has been tried in adult
court and convicted of a second or subsequent violation of criminal damage to
property pursuant to section 13-1602, subsection A, paragraph 1 or
convicted of a felony offense in the commission of which a motor vehicle is
used, including theft of a motor vehicle pursuant to section 13-1802,
unlawful use of means of transportation pursuant to section 13-1803 or
theft of means of transportation pursuant to section 13-1814, or who has
been adjudicated delinquent for a second or subsequent act that would
constitute criminal damage to property pursuant to section 13-1602,
subsection A, paragraph 1 or adjudicated delinquent for an act that would
constitute a felony offense in the commission of which a motor vehicle is used,
including theft of a motor vehicle pursuant to section 13-1802, unlawful
use of means of transportation pursuant to section 13-1803 or theft of
means of transportation pursuant to section 13-1814, if committed by an
adult.

3. A class A, B or C license to a person who is
under twenty-one years of age, except that the department may issue a
class A, B or C license that is restricted to only intrastate driving to a
person who is at least eighteen years of age.

4. A license to a person whose license or driving
privilege has been suspended, during the suspension period.

5. Except as provided in section 28-3315, a
license to a person whose license or driving privilege has been revoked.

6. A class A, B or C license to a person who has
been disqualified from obtaining a commercial driver license.

7. A license to a person who on application notifies
the department that the person is an alcoholic as defined in section 36-2021
or a drug dependent person as defined in section 36-2501, unless the
person submits a medical examination report that includes a current evaluation
from an addiction counselor indicating that, in the opinion of the counselor,
the condition does not affect or impair the person's ability to safely operate
a motor vehicle.

8. A license to a person who has been adjudged to be
incapacitated pursuant to section 14-5304 and who at the time of
application has not obtained either a court order that allows the person to
drive or a termination of incapacity as provided by law.

9. A license to a person who is required by this
chapter to take an examination unless the person successfully passes the examination.

10. A license to a person who is required under the
motor vehicle financial responsibility laws of this state to deposit proof of
financial responsibility and who has not deposited the proof.

11. A license to a person if the department has good
cause to believe that the operation of a motor vehicle on the highways by the
person would threaten the public safety or welfare.

12. A license to a person whose driver license has
been ordered to be suspended for failure to pay child support, except that a
noncommercial restricted license may be issued pursuant to section 25-518.

13. A class A, B or C license to a person whose
license or driving privilege has been canceled until the cause for the
cancellation has been removed.

14. A class A, B or C license or instruction permit
to a person whose state of domicile is not this state.

15. A class A, B or C license to a person who fails
to demonstrate proficiency in the English language as determined by the
department.

B. The department shall not issue a driver license
to or renew the driver license of the following persons:

1. A person about whom the court notifies the
department that the person violated the person's written promise to appear in
court when charged with a violation of the motor vehicle laws of this state
until the department receives notification in a manner approved by the
department that the person appeared either voluntarily or involuntarily or that
the case has been adjudicated, that the case is being appealed or that the case
has otherwise been disposed of as provided by law.

2. If notified pursuant to section 28-1601, a
person who fails to pay a civil penalty as provided in section 28-1601,
except for a parking violation, until the department receives notification in a
manner approved by the department that the person paid the civil penalty, that
the case is being appealed or that the case has otherwise been disposed of as
provided by law.

C. The magistrate or the clerk of the court shall
provide the notification to the department prescribed by subsection B of this
section.

D. Notwithstanding any other law, the
department shall not issue to or renew a driver license or nonoperating
identification license for a person who does not submit proof satisfactory to
the department that the applicant's presence in the United States is authorized
under federal law.� For an application for a driver license or a nonoperating
identification license, the department shall not accept as a primary source of
identification a driver license issued by a state if the state does not require
that a driver licensed in that state be lawfully present in the United States
under federal law.� The director shall adopt rules necessary to carry out the
purposes of this subsection.� The rules shall include procedures for:

1. Verification that the applicant's
presence in the United States is authorized under federal law.

2. Issuance of a temporary driver
permit pursuant to section 28-3157 pending verification of the
applicant's status in the United States.

END_STATUTE

Sec. 3. Section 28-3158, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-3158.

Driver license or instruction permit application

A. A person who applies for an instruction permit or
for a driver license shall use a form furnished by the department.

B. An applicant shall pay the fee prescribed by
section 28-3002 for a driver license or for an instruction permit issued
under section 28-3154, 28-3155, 28-3156 or 28-3225. The
department shall refund an application fee pursuant to section 28-373.

C. An applicant for an instruction permit or a
driver license shall give the department satisfactory proof of the applicant's
full legal name, date of birth, sex and domicile residence address in this
state, if the applicant has a residence address,
and that the
applicant's presence in the United States is authorized under federal law
and shall give the department the applicant's social security number,
individual taxpayer identification number or foreign government-issued
identification document number
.

D. The application for an instruction permit or a
driver license shall state the following:

1. A brief description of the applicant and any
other identifying information required by the department.

2. Whether the applicant has been licensed, and if
so, the type of license issued, when the license was issued and what state or
country issued the license.

3. If the applicant was never licensed, the
applicant's last previous state or country of residence.

4. The social security number
,
individual taxpayer identification number or foreign government-issued
identification document number
of the applicant.

E. The department shall:

1. Verify that a social security number
, individual taxpayer identification number or foreign GOVERNMENT-issued
identification document number
provided by an applicant is a valid
number assigned to that applicant.

2. Retain the social security number
,
individual taxpayer identification number or foreign government-issued
identification document number
in its records.

F. The social security number
,
individual taxpayer identification number or foreign government-issued
identification document number
provided to the department pursuant to
subsection D of this section for an applicant's driver license or instruction
permit shall not appear on an applicant's driver license or instruction permit
unless the applicant requests that the social security number
,
individual taxpayer identification number or foreign government-issued
identification document number
appear on the applicant's driver license
or instruction permit as the driver license or instruction permit number.�
Except as provided in sections 28-455 and 41-1954, the department
shall not release the social security number
, individual
taxpayer identification number or foreign government-issued
identification document number
to any person unless the applicant
requests that the social security number
, individual taxpayer
identification number or foreign government-issued identification
document number
appear on the applicant's driver license or instruction
permit as the driver license or instruction permit number. The
provisions of this subsection shall be included in each application.

G. The department may adopt and
implement procedures to deny a driver license or instruction permit to a person
who has been deported.� The department may adopt and implement procedures to
reinstate a person's privilege to apply for a driver license or permit if the
person's legal presence status is restored.

H.

G.
On
request of an applicant, the department shall allow the applicant to provide on
the license or permit a post office box address that is regularly used by the
applicant.

I.

H.
The
department may request an applicant who appears in person for a license, a
duplicate license or reinstatement of a driving privilege to complete
satisfactorily the vision screening prescribed by the department.

J.

I.
If
a driver license applicant submits satisfactory proof to the department that
the applicant is a veteran, on request of the applicant, the department shall
allow a distinguishing mark to appear on the license that identifies the person
as a veteran.
END_STATUTE

Sec. 4. Section 28-3165, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-3165.

Nonoperating identification license; immunity; rules; emancipated
minors; definition

A. On receipt of an application from a person who
does not have a valid driver license issued by this state or whose driving
privilege is suspended, the department shall issue a nonoperating
identification license that contains a distinguishing number assigned to the
licensee, the full legal name, the date of birth, the residence address and a
brief description of the licensee and either a facsimile of the signature of
the licensee or a space on which the licensee is required to write the licensee's
usual signature with pen and ink. A nonoperating identification
license that is issued to a person whose driving privilege is suspended shall
not be valid for more than one hundred eighty days from the date of issuance.

B. On request of an applicant:

1. The department shall allow the applicant to
provide on the nonoperating identification license a post office box address
that is regularly used by the applicant.

2. If the applicant submits satisfactory proof to
the department that the applicant is a veteran, the department shall allow a
distinguishing mark to appear on the nonoperating identification license that
identifies that person as a veteran.

3. If the applicant elects to show and submits
satisfactory proof to the department that the applicant is an enrolled member
of a federally recognized Indian tribe located in this state, the department
shall allow a distinguishing mark to appear on the nonoperating identification
license that identifies the applicant as a native American. The
distinguishing mark may not identify a specific Indian tribe or other specific
personal information that is submitted on the documents that provide
satisfactory proof that the person is an enrolled member of a federally
recognized Indian tribe located in this state. Documents that
provide satisfactory proof that the person is an enrolled member of a federally
recognized Indian tribe located in this state include:

(a) An enhanced tribal card.

(b) A tribal identification card.

(c) A tribal certificate of Indian blood.

(d) A tribal or bureau of Indian affairs affidavit
of birth.

C. A person who is issued a license pursuant to this
section shall use it only for identification purposes of the licensee.� The
nonoperating identification license does not grant authority to operate a motor
vehicle in this state. The department shall clearly label the
nonoperating identification license "for identification only, not for
operation of a motor vehicle".

D. On issuance of a driver license, the holder of a
nonoperating identification license shall surrender the nonoperating
identification license to the department, and the department shall not refund
any fee paid for the issuance of the nonoperating identification license.

E. A nonoperating identification license shall
contain the photograph of the licensee. When issuing a nonoperating
identification license, the department shall use a process that prohibits as
nearly as possible the ability to superimpose a photograph on the license
without ready detection. The department shall process nonoperating
identification licenses and photo attachments in color.

F. On application, an applicant shall give the
department satisfactory proof of the applicant's full legal name, date of
birth, sex and residence address, if the applicant has a residence address
, and that the applicant's presence in the United States is authorized
under federal law

and shall give the department the
applicant's social security number, individual taxpayer identification number
or foreign government-issued identification document number
.� The
application shall briefly describe the applicant, state whether the applicant
has been licensed, and if so, the type of license issued, when and by what
state or country and whether any such license is under suspension, revocation
or cancellation. The application shall contain other identifying
information required by the department.

G. The department may adopt and
implement procedures to deny a nonoperating identification license to a person
who has been deported.� The department may adopt and implement procedures to
reinstate a person's privilege to apply for a nonoperating identification
license if the person's legal presence status is restored.

H.
G.
A
nonoperating identification license issued by the department is solely for the
use and convenience of the applicant for identification purposes.

I.
H.
The
department shall adopt rules and establish fees for issuance of a nonoperating
identification license, except that the department shall not require an
examination.

J.

i.
The
fees established pursuant to this section do not apply to any of the following:

1. A person who is sixty-five years of age or
older.

2. A person who is a recipient of public monies as
an individual with a disability under title XVI of the social security act, as
amended.

3. A veteran who does not have a residence address.

4. A veteran whose residence address is the address
of a shelter that provides services to the homeless.

5. A child who is in the custody of the department
of child safety.

K.

j.
If
a person qualifies for a nonoperating identification license and is under the
legal drinking age, the department shall issue a license that is marked by
color, code or design to immediately distinguish it from a nonoperating
identification license issued to a person of legal drinking age. The
department shall indicate on the nonoperating identification license issued
pursuant to this subsection the year in which the person will attain the legal
drinking age.

L.
K.
If
a minor has been emancipated pursuant to title 12, chapter 15, on application
and proof of emancipation, the department shall issue a nonoperating
identification license that contains the words "emancipated minor".

M.

L.
Notwithstanding
any other law, if an applicant for a nonoperating identification license is at
least sixteen years of age and either does not have a residence address or is
in the department of child safety's custody, the applicant does not need a
signature of the applicant's parent, guardian, foster parent or employer.

M. If a person qualifies for a
nonoperating identification license and does not provide a social security
number to the department on APPLICATION, the department shall issue a
nonoperating identification license that contains the words "Federal
limitations apply".

N. For the purposes of this section,
"veteran" has the same meaning prescribed in section 41-601.
END_STATUTE

Sec. 5. Section 28-3166, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-3166.

Driver license content and application; marked licenses;
emancipated minors

A. The department shall issue a driver license to a
qualified applicant. The driver license shall contain a
distinguishing number assigned to the licensee, the license class, any
endorsements, the licensee's full name, date of birth and residence address, if
the licensee has a residence address, a brief description of the licensee and
either a facsimile of the signature of the licensee or a space on which the
licensee is required to write the licensee's usual signature with pen and
ink. A driver license is not valid until it is signed by the
licensee.� On request of an applicant:

1. The department shall allow the applicant to
provide on the driver license a post office box address that is regularly used
by the applicant and that is located in the county in which the applicant
resides.

2. If the applicant submits satisfactory proof to
the department that the applicant is a veteran, the department shall allow a
distinguishing mark to appear on the license that identifies the person as a
veteran.

3. If the applicant elects to show and submits
satisfactory proof to the department that the applicant is an enrolled member
of a federally recognized Indian tribe located in this state, the department
shall allow a distinguishing mark to appear on the license that identifies the
applicant as a native American. The distinguishing mark may not
identify a specific Indian tribe or other specific personal information that is
submitted on documents that provide satisfactory proof that the person is an
enrolled member of a federally recognized Indian tribe located in this
state. Documents that provide satisfactory proof that the person is
an enrolled member of a federally recognized Indian tribe located in this state
include:

(a) An enhanced tribal card.

(b) A tribal identification card.

(c) A tribal certificate of Indian blood.

(d) A tribal or bureau of Indian affairs affidavit
of birth.

B. An application for a driver license and the
driver license issued shall contain the photo image of the applicant or
licensee. When issuing a driver license, the department shall use a
process that prohibits as nearly as possible the ability to alter or reproduce
the license or that prohibits the ability to superimpose a photo image on the
license without ready detection. The department shall process driver
licenses and photo images in color.

C. An applicant who is at least sixteen but under
twenty-four years of age shall provide the department with satisfactory
proof of the applicant's legal name and date of birth.

D. If a person is qualified for a driver license and
is under the legal drinking age, the department shall issue a license that is
marked by color, code or design to immediately distinguish it from a license
issued to a person of legal drinking age.� The department shall indicate on the
driver license issued pursuant to this subsection the year in which the person
will attain the legal drinking age.

E. The department shall mark a special ignition
interlock restricted driver license issued pursuant to chapter 4, article 3.1
of this title by color, code or design to immediately distinguish it from other
licenses issued by the department.

F. If a person is qualified for a driver license but
is subject to the certified ignition interlock device limitations prescribed in
section 28-1381, 28-1382, 28-1383 or 28-3319, the
department shall issue a license that is marked by color, code or design to
immediately distinguish it from other licenses issued by the department.

G. The department shall not include information in
the magnetic stripe and bar code of a driver license other than information
that the department is authorized to obtain and place on a driver license
pursuant to this article.

H. If a minor has been emancipated pursuant to title
12, chapter 15, on application and proof of emancipation, the department shall
issue a driver license that contains the words "emancipated minor".

I. If a person is qualified for a
driver license and does not provide a social security number to the department
on the driver license or instruction permit application pursuant to section
28-3158, the DEPARTMENT shall issue a driver license that contains the words
"federal limitations apply".

END_STATUTE

Sec. 6. Title 28, chapter 8, article 4, Arizona
Revised Statutes, is amended by adding section 28-3176, to read:

START_STATUTE
28-3176.

Licenses; not proof of citizenship

Possession of a driver license, an instruction
permit or a nonoperating identification license issued pursuant to this chapter
is not proof of citizenship.

END_STATUTE