licenses; tax number; consular cards

SB1374 - 572R - I Ver

REFERENCE TITLE:
licenses; tax number; consular cards

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1374

Introduced by

Senators
Miranda: Alston, Ortiz, Sundareshan;� Representatives M�rquez, Sandoval

AN
ACT

Amending sections 28-440, 28-3153,
28-3158, 28-3166 and 28-3171, Arizona Revised Statutes; 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"
:

(
a
)
Means
multiple records that are retrieved collectively from the department's database
as a result of a single request.
Bulk records

(
b
)
Does
not include retrieving one record at a time from a single request.

2. "Consular identification
card" means a form of identification that meets the requirements
prescribed in section 41-5001.

2.

3.
"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.

4.
"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.

5.
"Express
consent" means consent in writing, including consent that is conveyed
electronically and that bears an electronic signature.

5.

6.
"Highly
restricted personal information" means an individual's photograph or
image, social security number
, individual taxpayer
identification number, consular identification card number
and medical
or disability information.

6.

7.
"Insurance
support organization" has the same meaning prescribed in section 20-2102.

7.

8.
"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.

9.
"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.

10.
"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.

11.
"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.

12.
"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.

13.
"Photographs"
includes still photographs, x-ray films, videotapes, motion pictures and
digitized electronic images.

13.

14.
"Records"
has the same meaning prescribed in section 41-151.

14.

15.
"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 consular IDENTIFICATION
card 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 consular identification card
number
of the applicant.

E. The department shall:

1. Verify that a social security number
, individual taxpayer identification number or consular identification
card number
provided by an applicant is a valid number assigned to that
applicant.

2. Retain the social security number
,
individual taxpayer identification number or consular identification card
number
in its records.

F. The social security number
,
individual taxpayer identification number or consular identification card
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 consular identification card 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 consular identification
card number
to any
person, including any agency of the
federal government for the purposes of immigration, unless
the applicant
requests that the social security number
, individual taxpayer
identification number or consular identification card 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 28-3166, 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 "For driving privileges only. Not valid
for identification".
END_STATUTE

Sec. 5. Section 28-3171, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-3171.

Driver license expiration and renewal; exception; extension

A. Except as provided in subsection B, D
,

or
E
or f
of this
section and unless medical restrictions require a shorter expiration period, a
driver license is:

1. Except as provided in paragraph 3 of this
subsection, valid until the applicant's sixty-fifth birthday.

2. Renewable for successive periods of five years
after the applicant's sixtieth birthday.

3. Valid for a period of up to five years if
initially issued to an applicant who is sixty years of age or older.

B. Notwithstanding subsection A of this section
and except as provided in subsection F of this section
, on
presentation of satisfactory proof of qualification, the director may issue a
class D, G or M license or permit for a period of up to five years to:

1. A person who is an out-of-state
student or who is the spouse of an out-of-state
student. For the purposes of this paragraph, "out-of-state
student" has the same meaning prescribed in section 28-2001.

2. An immediate family member of any active duty
military personnel temporarily stationed in this state.

3. Any other person for whom the director determines
other circumstances justify the issuance.

C. An applicant shall apply for renewal of a driver
license before the expiration of a current license. The department
may require an examination of a renewal applicant for a class D, G or M license
as required of an original applicant.

D. A veteran, as defined in section 41-601,
whose driver license expires is not required to renew the veteran's driver
license for six months after the date of the veteran's discharge from military
service.

E. The department may extend the expiration date of
a class D or M license for a resident if the applicant is not in this state at
the time the license expires and will not be in this state for at least thirty
consecutive days after the expiration of the driver license. On
payment by the applicant of the fee prescribed in section 28-3002, the
department shall issue a certificate of extension that is valid only if
accompanied by the applicant's previous license. An applicant for
extension of a license shall comply with the following:

1. The application requirements of section 28-3158.

2. The licensing requirements of section 28-3153.

3. Medical requirements applicable to all license
applicants, except that the applicant is not required to obtain an eyesight
examination.

F. A driver license is valid for a
period of eight years if the driver license applicant does not provide the
applicant's social security number on the driver license application.

END_STATUTE

Sec. 6.
Short title

This act may be cited as the
"Safe Mobility Act".