Assigned to TRANS                                                                                                                              FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

CORRECTED

FACT SHEET FOR S.B. 1531

 

driver licenses not citizenship proof

 

Purpose

 

Eliminates the requirement that an applicant for a driver license, a nonoperating identification license or an instruction permit must provide proof of legal citizenship in the United States.

 

Background

 

Legislation adopted in 1996 required an applicant for a driver license, nonoperating identification license or an instruction permit to provide proof of citizenship within the United States (Laws 1996, Chapter 230).  Later that same year, the Arizona Motor Vehicle Division (MVD) implemented “authorized presence.”  Authorized presence requires an applicant to show two forms of identification, one of which must be a valid proof of United States citizenship.

 

In order to legally operate a motor vehicle on a highway, an individual must have a valid driver license, current vehicle registration and the minimum legal liability coverage.  Currently, there is no statute that requires a person to possess a valid driver license to obtain auto insurance.  However, it may be an insurance company's individual policy to require a driver  license.

 

According to the Joint Legislative Budget Committee (JLBC), this bill would have a negative annual impact of $234,100 to the State Highway Fund, including an increased revenue of $1,205,900 and an increased cost of $1,440,000 beginning in FY 2001-2002.  Assumptions made by JLBC regarding this fiscal impact are contained in the fiscal note associated with S.B. 1531.

 

Provisions

 

1.      Removes the requirement that the applicant show proof of legal United States citizenship  to apply for a driver license, nonoperating identification license or a temporary driver permit.

 

2.      Eliminates the Arizona Department of Transportation’s authority to deny a driver license, an instructional permit or a nonoperating identification license to an individual who has been deported or reinstate such documents for a person whose citizenship has been restored.

 

3.      Allows an applicant for a driver license or instruction permit to provide a taxpayer identification number, a letter from the social security administration stating that the applicant does not have a social security number, a sworn affidavit, or a foreign passport if the applicant does not possess a social security number.

 

4.      Specifies that the possession of a driver license, instruction permit, or a nonoperating identification license is not proof of legal United States citizenship.

 

5.      Makes conforming changes.

 

6.      Provides for a general effective date.

 

 

Prepared by Senate Staff

February 14, 2001