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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
commercial vehicles;
operator; lawful presence
(NOW: nondomiciled commercial drivers license; validity)
Purpose
Prohibits a commercial motor vehicle operator who is issued a nondomiciled commercial driver license (CDL) from operating in Arizona without evidence of lawful immigration status or lawful presence in the United States, allows law enforcement to request the provision of evidence and prescribes penalties for failing to provide evidence.
Background
An applicant for a nondomiciled CDL who is domiciled in a foreign jurisdiction must provide the following evidence of lawful immigration status: 1) an unexpired foreign passport; and 2) an unexpired Form I-94/94A issued by the U.S. Department of Homeland Security (U.S. DHS) indicating a classification of temporary agricultural worker, temporary non-agricultural worker or treaty investor (49 U.S.C. § 383.5).
A state agency or political subdivision of the state may not issue a license to an individual if the individual does not provide acceptable documentation of citizenship or alien status by presenting any of the following documents indicating that the individual's presence in the United States is authorized under federal law: 1) an Arizona nonoperating identification license or driver license issued after 1996; 2) a driver license issued by a state that verifies lawful presence; 3) a U.S. certificate of birth abroad or a birth certificate or delayed birth certificate issued in the United States; 4) a U.S. passport; 5) a foreign passport with a U.S. visa; 6) an I-94 form with a photograph; 7) a U.S. Citizenship and Immigration Services employment authorization or refugee travel document; 8) a U.S. certificate of naturalization or citizenship; 9) a tribal certificate of Indian blood or a tribal or U.S. Bureau of Indian Affairs affidavit of birth; or 10) any other license that is issued by the federal government or any state government, agency or political subdivision that requires proof of citizenship or lawful alien status before issuing the license (A.R.S. § 41-1080).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person who is issued a nondomiciled CDL from operating a commercial motor vehicle in Arizona unless the person can provide:
a) an unexpired foreign passport and unexpired Form I-94/94A issued by the U.S. DHS indicating a classification of temporary agricultural worker, temporary non-agricultural worker or treaty investor as evidence of lawful immigration status; or
b) outlined acceptable documentation of citizenship or alien status required for licensure in Arizona as evidence of lawful presence in the United States.
2. Allows a law enforcement officer to request evidence of lawful immigration status or lawful presence in the United States from a person operating a commercial motor vehicle with a nondomiciled CDL.
3. Requires, if a commercial motor vehicle operator with a nondomiciled CDL fails to provide evidence, the law enforcement officer or the officer's law enforcement agency to:
a) issue a citation;
b) impose a civil penalty of up to $500; and
c) report the violation to the Federal Motor Carrier Safety Administration and the jurisdiction that issued the person's CDL.
4. Allows a law enforcement agency to impound a commercial motor vehicle, and its cargo, that is operated by a person who fails to provide evidence of lawful immigration status or lawful presence in the United States, until the citations and all charges related to the impoundment are cleared.
5. Assigns the responsibility of impoundment charges to the owner of the commercial motor vehicle.
6. Makes conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Restricts the prohibition to commercial motor vehicle operators who are issued nondomiciled CDLs.
2. Expands the acceptable evidence an operator must provide to include evidence of lawful immigration status.
3. Requires a law enforcement officer or agency to issue a citation, impose a civil penalty and report the violation to outlined entities if an operator fails to provide evidence.
4. Allows, rather than requires, the impoundment of the commercial motor vehicle of an operator who fails to provide evidence.
5. Makes technical and conforming changes.
Senate Action
MABS 2/9/26 DP 4-3-0
Prepared by Senate Research
March 5, 2026
KJA/ci