ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: MABS DP 4-3-0-0 | Third Read 16-13-10-0

House: JUD DP 6-2-0-2

SB 1511: nondomiciled commercial drivers license; validity

Sponsor: Senator Carroll, LD 28

Caucus & COW

Overview

Establishes that a person operating a commercial motor vehicle in this state with a nondomiciled commercial driver license must be able to provide proof of lawful immigration status or lawful presence.

History

Under current law, a nondomiciled commercial driver license is a commercial driver license issued to a person domiciled in a foreign country or to a person domiciled in another state that is prohibited from issuing commercial driver licenses. The Arizona Department of Transportation may issue a nondomiciled class A, B or C commercial driver license to a resident of another jurisdiction in specified circumstances (A.R.S. § 28-3224).

Arizona’s general licensing law prohibits a state agency or political subdivision from issuing a license unless the applicant presents documentation showing citizenship or alien status authorized under federal law. Statue lists acceptable documents, including specified driver licenses, birth or citizenship records, passports, an I-94 with a photograph, employment authorization documents and certain other government licenses that required proof of lawful status before issuance (A.R.S. § 41-1080).

Federal commercial driver licensing regulations require an applicant domiciled in a foreign jurisdiction to have lawful immigration status in the United States and to provide evidence of that status to be eligible for a non-domiciled commercial driver license, and require states to verify that evidence before issuing, transferring, renewing or upgrading the credential (49 C.F.R. part 383).

Provisions

1. Makes it unlawful for a person who is issued a nondomiciled commercial driver license to operate a commercial motor vehicle in Arizona unless the person can provide evidence of lawful immigration status or lawful presence. (Sec. 1)

2. Authorizes a law enforcement officer to request evidence of immigration status from a person operating a commercial motor vehicle with a nondomiciled commercial driver license. (Sec. 1)

3. Requires, if the person fails to provide the requested evidence, the law enforcement officer or the officer’s agency to:

a. impose a civil traffic penalty of up to $500;

b. issue a citation; and

c. report the violation to the jurisdiction that issued the person’s commercial driver license and to the Federal Motor Carrier Safety Administration. (Sec. 1)

4. Authorizes a law enforcement agency to impound the commercial motor vehicle and its cargo if the operator fails to provide the required evidence, until the citation and all impoundment-related charges are cleared. (Sec. 1)

5. Stipulates that the owner of the commercial motor vehicle is responsible for impoundment charges. (Sec. 1)

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9. Initials NM SB 1511

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