ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: TI DP 6-0-0-1 | 3r Read 38-18-4-0 Senate: PS DPA 6-0-1-0 | 3rd Read 29-1-0-0 Final Read: 33-22-5-0 |Chapter: 125

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HB 2852: identification driver licenses; Native American

Sponsor: Representative Tsosie, LD 6

Signed by the Governor

Overview

Directs the Arizona Department of Transportation (ADOT), on an applicant's request, to allow a distinguishing mark to appear on the nonoperating identification license or driver license that identifies the applicant as a Native American.

History

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, ADOT must 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 (A.R.S. § 28-3165).

ADOT must issue a driver license to a qualified applicant. The driver license must 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. A driver license is not valid until it is signed by the licensee (A.R.S. § 28-3166).

Tribal enrollment criteria are set forth in tribal constitutions, articles of incorporation or ordinances. The criterion varies from tribe to tribe, so uniform membership requirements do not exist (U.S. Department of the Interior).

Provisions

1. Requires ADOT, to allow a distinguishing mark to appear on the nonoperating identification license or on the driver license that identifies the applicant as a Native American, if the applicant elects to show and submits satisfactory proof to ADOT that the applicant is an enrolled member of a federally recognized Indian Tribe located in this state. (Sec. 1, 2)

2. Stipulates that the distinguishing mark may not identify a specific Indian Tribe or other specific personal information submitted on the documents that provide satisfactory proof that the person is an enrolled member of a federally recognized Indian Tribe. (Sec. 1, 2)

3. States the documents that provide satisfactory proof that the person is an enrolled member of a federally recognized Indian Tribe include:

a) An enhanced tribal card;

b) A tribal identification card;

c) A tribal Certificate of Indian Blood; and

d) A Tribal or Bureau of Indian Affairs Affidavit of Birth. (Sec. 1, 2)

4. Contains an effective date of January 1, 2026. (Sec. 3)

5. Makes technical and conforming changes. (Sec. 1, 2)

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                        HB 2852

Initials LM     Page 0 Signed by the Governor

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