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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 17-12-1-0Final Read: 32-21-7-0 |
HB2957: driver license; enhanced; mobile; prohibition
Sponsor: Representative Fink, LD 27
Vetoed by the Governor
Overview
Retains the availability of non-REAL ID driver licenses and identification cards and prohibits mandatory participation in REAL ID or digital identification programs. Mandates the acceptance of physical licenses for all identification purposes. Prohibits the Arizona Department of Transportation's (ADOT) collection, retention and sharing of personal and biometric information associated with license issuance, with exceptions.
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. 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 the noncompliant driver or nonoperating license to be marked Not for REAL ID Act purposes. (Sec. 2)
7. Restricts ADOT from retaining 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). (Sec. 2)
8. Limits 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, 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. (Sec. 2)
9. 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)
10. 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)
11. Requires that a license applicant must be given a list of the Transportation Security Administration's currently acceptable forms of identification. (Sec. 2)
12. Removes the possibility for the ADOT Director to implement electronic or digital version of driver licenses and nonoperating identification licenses. (Sec. 4)
13. Prohibits 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. (Sec. 5)
14. Contains a conditional repeal clause. (Sec. 6)
15. Defines biometric identifiers. (Sec. 2)
16. Redefines evidence. (Sec. 1)
17. Makes conforming changes. (Sec. 2)
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21. Initials LM HB 2957
22. 2/23/2026 Page 0 Vetoed by the Governor
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