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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: TI DP 4-3-0-0 | Third Read 31-22-7-0Senate: ATT DPA 5-4-1-0 | Third Read 17-12-1-0 |
HB2957: driver license; enhanced; mobile; prohibition
Sponsor: Representative Fink, LD 27
Senate Engrossed
Overview
Prohibits a city, town or county or this state from requiring the use of a digital or mobile driver license or a digital or mobile nonoperating identification license for identification purposes for any government service or purpose. Requires that a physical driver license or nonoperating identification license (license) must be accepted for all identification purposes.
History
This state must not participate in the implementation of an enhanced driver license program to satisfy the requirements of the Federal Western Hemisphere Travel Initiative or the REAL ID act of 2005. The Arizona Department of Transportation (ADOT) must not implement an enhanced driver license program and must report to the Governor and the Legislature any attempt by agencies or agents of the United States Department of Homeland Security (DHS) to secure the implementation of an enhanced driver license program through the operations of DHS (A.R.S. § 28-338).
The ADOT Director may implement electronic or digital versions of driver licenses, nonoperating identification licenses, vehicle registration cards, license plates or other official ADOT records (A.R.S. § 28-364).
If a license applicant requests a license that allows the applicant to board a federally regulated commercial aircraft or to access restricted areas in federal facilities, nuclear power plants or military facilities, ADOT must issue the applicant the license (A.R.S. § 28-3175).
Provisions
1. Mandates that a city, town or county of this state must not require the use of a digital or mobile driver license or a digital or mobile nonoperating identification license for identification purposes for any government service or purpose. (Sec. 3)
2. Stipulates that a physical license must be accepted for all identification purposes in this state. (Sec. 3)
3. Restricts this state from requiring a person to participate in an enhanced driver license program to satisfy Federal Western Hemisphere Travel Initiative requirements or the 2005 REAL ID Act. (Sec. 1)
4. Requires ADOT to continue making available a driver or nonoperating identification license that are not compliant with the REAL ID Act and any subsequent amendments. (Sec. 2)
5. Requires ADOT to issue a driver or nonoperating identification license not compliant with the Real ID Act only to a person whose state of domicile is this state and whose presence in the United States is authorized under federal law. (Sec. 2)
6. Mandates that the noncompliant driver or nonoperating license must be marked Not for REAL ID Act purposes. (Sec. 2)
7. Prohibits ADOT from collecting, capturing, storing or using any biometric identifiers, including biometric facial image data consistent with the REAL ID Act's implementing regulation requiring compliance with international standards in connection with issuing a license. (Sec. 2)
8. Restricts ADOT from retaining any copies of original or secondary source documents used to verify a person's identity when issuing a license. (Sec. 2)
9. Restricts any information collected from a person when issuing a driver or nonoperating license from being accessible to, shared with or stored in any interstate, federal or international database system, including the state pointer exchange services, except for any valid purpose relating to the national law enforcement telecommunications system. (Sec. 2)
10. Directs ADOT to ensure that each person who applies for a license is informed both verbally and in writing that the person may choose to be issued either a license that is REAL ID-compliant or a noncompliant license. (Sec. 2)
11. Asserts that any sign, display, brochure, electronic interface or public communication in this state that describes or promotes the REAL ID Act must clearly state that using a REAL-ID compliant license is voluntary and that a noncompliant license is available as an alternative. (Sec. 2)
12. Requires that a license applicant must be given a list of the Transportation Security Administration's currently acceptable forms of identification. (Sec. 2)
13. Removes the possibility for the ADOT Director to implement electronic or digital version of driver licenses and nonoperating identification licenses. (Sec. 4)
14. Contains a conditional repeal clause. (Sec. 5)
15. Defines biometric identifiers. (Sec. 2)
16. Redefines evidence. (Sec. 1)
17. Makes conforming changes. (Sec. 2)
Senate Amendments
1. Deletes provision relating to prohibiting ADOT from collecting, capturing, storing or using any specified biometric identifiers in connection with issuing a license.
2. Clarifies that ADOT must not retain any copies of original or secondary source documents used to verify a person's identity when issuing a license, except when required by federal law for purposes of issuing a commercial river license (CDL).
3. Adds that any information collected from a person when issuing a license must not be accessible to, shared with or stored in any interstate, federal or international database system, except for any valid purpose relating to the National Law Enforcement Telecommunications System and for any check of the person's driving record required by 49 Code of Federal Regulations when issuing a CDL.
4. Restricts ADOT from being allowed to collect, analyze, store or transmit any biometric data for a person applying for a driver license or an instruction permit, except that ADOT may transfer the photo image required in issuing a driver license to a qualified applicant.
5. Makes technical and conforming changes.
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9. Initials LM HB 2957
10. 2/23/2026 Page 0 Senate Engrossed
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