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SB1209 - 572R - S Ver
Senate Engrossed
nonoperating
identification; fees; homeless exemption
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1209
AN
ACT
amending section 28-3165, Arizona Revised
Statutes; relating to the department of transportation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3165, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3165.
Nonoperating identification license; immunity; rules; emancipated
minors
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.� 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. A nonoperating identification license issued by
the department is solely for the use and convenience of the applicant for
identification purposes.
I. 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. 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
person
who does not have a residence address.
4. A
veteran
person
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. 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. 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. 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.
N. For the purposes of this section,
"veteran" has the same meaning prescribed in section 41-601.
N. Except as provided in subsection d
of this section, a nonoperating identification license that is issued by the
department from and after the effective date of this amendment to this section
is valid for eight years.
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