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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
driver license; enhanced; mobile; prohibition
Purpose
Requires the Arizona Department of Transportation (ADOT) to continue to make driver and nonoperating identification licenses available that are not compliant with the federal REAL ID Act of 2005 (REAL ID Act). Outlines prohibitions and restrictions on ADOT from collecting, retaining and storing certain information when issuing a driver or nonoperating identification license.
Background
The REAL ID Act outlines minimum requirements for driver licenses and identification cards in order for the license or identification card to be used for accessing federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants and any other purpose as determined by the Secretary of the U.S. Department of Homeland Security (DHS). As of May 7, 2025, a federal agency may not accept a driver license or identification card issued by a state to any person unless the state meets the minimum requirements of the REAL ID Act. For a driver license or identification card to be REAL ID compliant a state must require the following information to be included on the license or identification card: 1) the person's full legal name, date of birth and gender; 2) the person's driver license or identification card number and a digital photograph of the person; 3) the person's address of principal residence and signature; 4) security features to prevent tampering, counterfeiting or duplication of the driver license or identification card for fraudulent purposes; and 5) a common machine-readable technology, with minimum data elements.
Before issuing
the REAL ID driver license or identification card, a state must require the
applicant to present and verify: 1) a photo identity document, or a non-photo
identity document if the document includes the person's full legal name and
date of birth; 2) documentation showing the person's date of birth; 3) the
person's social security number or verification that the person is not eligible
for a social security number; 4) documentation showing the person's name and
address of principal residence; and 5) evidence of the person's lawful status
in the United States
(P.L.109-13,
Division B, 109th Congress, 2005; 6 C.F.R. § 37.5
(b)).
The state may 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. ADOT may not implement an enhanced driver license program and must report to the Governor and Legislature any attempt by agencies or agents of DHS to secure the implementation of an enhanced driver license program (A.R.S. § 28-338).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the state and ADOT from requiring a person to participate in an enhanced driver license program to satisfy the requirements of the federal Western Hemisphere Travel Initiative or the REAL ID Act.
2. Requires ADOT to continue to make non-REAL ID driver licenses and nonoperating identification licenses available, only to persons whose state of domicile is Arizona and who are lawfully present in the United States under federal law.
3. Requires non-REAL ID driver licenses and nonoperating identification licenses to be marked not for REAL ID Act purposes.
4. Prohibits ADOT from collecting, capturing, storing or using any biometric identifiers in connection with issuing a non-REAL ID driver license or nonoperating identification license, including biometric facial image data consistent with the REAL ID Act's implementing regulation requiring compliance with international standards for biometric data interchange formats or any successor standard
5. Specifies that biometric identifiers include:
a) facial recognition data;
b) iris scans;
c) fingerprints;
d) voiceprints; and
e) any measurable biological or behavioral characteristics used for automated recognition of an individual.
6. Prohibits ADOT from retaining any copies of original or secondary source documents used to verify a person's identity when issuing a driver license or nonoperating identification license.
7. Prohibits any information collected from a person when issuing a driver license or nonoperating identification license from being accessible to, shared with or stored in any interstate, federal or international database system, including the State Pointer Exchange Services, unless the access is for a valid purpose relating to the National Law Enforcement Telecommunications System.
8. Requires ADOT to ensure that each person who applies for a driver license or nonoperating identification license is informed, both verbally and in writing, that the person may choose either a REAL ID compliant license or a non-REAL ID license.
9. Requires any sign, display, brochure, electronic interface or public communication in Arizona describing or promoting the REAL ID to clearly state that use of a REAL ID is voluntary and that a non-REAL ID driver license or nonoperating identification license is available as an alternative.
10. Requires an applicant for a driver license or nonoperating identification license to be given a list of the Transportation Security Administration's currently acceptable forms of identification.
11. Prohibits a city, town, county or the state from requiring the use of a digital or mobile driver license or nonoperating identification license for identification purposes for any government service or purpose.
12. Specifies that a physical driver license or nonoperating identification license must be accepted for all identification purposes in Arizona.
13. Removes driver licenses and nonoperating identification licenses from the list of official records for which the Director of ADOT may implement electronic versions.
14. Conditions the repeal of prescribed REAL ID requirements and compliance measures on the date that:
a) division B of the REAL ID Act is repealed;
b) the federal definition of official purpose for the REAL ID driver licenses and identification cards is modified; or
c) federal laws or rules are changed to prohibit State issuance of non-REAL ID compliant driver licenses or nonoperating identification licenses.
15. Requires ADOT to notify the Director of the Arizona Legislative Council in writing of the date on which any of the prescribed conditions occur requiring the repeal of REAL ID requirements and compliance measures.
16. Makes technical and conforming changes.
17. Becomes effective on the general effective date.
House Action
TI 2/11/26 DP 4-3-0-0
3rd Read 2/26/26 31-22-7
Prepared by Senate Research
March 13, 2026
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