H.B.2507 - enhanced identification requirements!

on . Posted in Legislation


Note the highlighted areas of the following bill, in which the state legislature seeks to require Arizonans to use biometric identification cards and submit their DNA, thereby eliminating any vestiges of privacy still left to them.


 

HB 2507

 Introduced by

Representative Pancrazi, Senator Aguirre: Representatives Ableser, Meza

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 28-3001, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3001.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Cancellation" means the annulment or termination of a driver license because of an error or defect or because the licensee is no longer entitled to the license.

2.  "Commercial driver license" means a license that is issued to an individual and that authorizes the individual to operate a class of commercial motor vehicles.

3.  "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either:

(a)  Has a gross combined weight rating of twenty‑six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.

(b)  Has a gross vehicle weight rating of twenty‑six thousand one or more pounds.

(c)  Is a school bus.

(d)  Is a bus.

(e)  Is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act (49 United States Code sections 5101 through 5127) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.

4.  "Conviction" has the same meaning prescribed in section 28-101 and also means a final conviction or judgment, including an order of a juvenile court finding that a juvenile has violated a provision of this title or has committed a delinquent act that if committed by an adult constitutes any of the following:

(a)  Criminal damage to property pursuant to section 13‑1602, subsection A, paragraph 1.

(b)  A felony offense in the commission of which a motor vehicle was used, including theft of a motor vehicle pursuant to section 13‑1802, unlawful use of means of transportation pursuant to section 13‑1803 or theft of means of transportation pursuant to section 13‑1814.

(c)  A forfeiture of bail or collateral deposited to secure a defendant's appearance in court that has not been vacated.

5.  "Disqualification" means a prohibition from obtaining a commercial driver license or driving a commercial motor vehicle.

6.  "Employer" means a person, including the United States, a state or a political subdivision of a state, that owns or leases a commercial motor vehicle or that assigns a person to operate a commercial motor vehicle.

7.  "Endorsement" means an authorization that is added to an individual's driver license and that is required to permit the individual to operate certain types of vehicles.

8.  "Enhanced driver license" means a driver license that is issued to an individual who is a citizen of the United States by means of birth or naturalization and who has met identity requirements, that may contain a radio frequency identification chip or similar technology and that authorizes the individual to cross any United States land or sea border in the western hemisphere.

9.  "Enhanced nonoperating identification license" means a nonoperating identification license that is issued to an individual who is a citizen of the United States by means of birth or naturalization and who has met identity requirements, that may contain a radio frequency identification chip or similar technology and that authorizes the individual to cross any United States land or sea border in the western hemisphere.

8.  10.  "Foreign" means outside the United States.

9.  11.  "Gross vehicle weight rating" means the weight that is assigned by the vehicle manufacturer to a vehicle and that represents the maximum recommended total weight including the vehicle and the load for the vehicle.

10.  12.  "Judgment" means a final judgment and any of the following:

(a)  The finding by a court that an individual is responsible for a civil traffic violation.

(b)  An individual's admission of responsibility for a civil traffic violation.

(c)  The voluntary or involuntary forfeiture of deposit in connection with a civil traffic violation.

(d)  A default judgment entered by a court pursuant to section 28‑1596.

11.  13.  "License class" means, for the purpose of determining the appropriate class of driver license required for the type of motor vehicle or vehicle combination a driver intends to operate or is operating, the class of driver license prescribed in section 28‑3101.

12.  14.  "Nonresident commercial driver license" means a commercial driver license issued to an individual domiciled in a foreign country.

13.  15.  "Original applicant" means any of the following:

(a)  An applicant who has never been licensed or cannot provide evidence of licensing.

(b)  An applicant who is applying for a higher class of driver license than the license currently held by the applicant.

(c)  An applicant who has a license from a foreign country.

14.  16.  "Revocation" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted on by the department after one year from the date of revocation.

15.  17.  "State of domicile" means the state or jurisdiction where a person has the person's true, fixed and permanent home and principal residence and to which the person has the intention of returning after an absence.

16.  18.  "Suspension" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are temporarily withdrawn during the period of the suspension and until application for reinstatement is made.

17.  19.  "Vehicle combination" means a motor vehicle and a vehicle in excess of ten thousand pounds gross vehicle weight that it tows, if the combined gross vehicle weight rating is more than twenty‑six thousand pounds.END_STATUTE

Sec. 2.  Section 28-3002, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3002.  Fees; driver licenses; disposition

A.  The following fees are required:

1.  For each original or initial application or renewal application, if a written examination is required, for the following:

(a)  Class A driver license, twenty‑five dollars.

(b)  Class B driver license, twenty‑five dollars.

(c)  Class C driver license, twelve dollars fifty cents.

(d)  Class D driver license issued pursuant to section 28‑3171, ten dollars.

(e)  Class M driver license issued pursuant to section 28‑3171, ten dollars.

2.  Except as provided in paragraph 1, for each original, renewal or reinstatement application for a class D, G or M license:

Age                                        Fee  

50 or older                               $10.00

45‑49                                     $15.00

40‑44                                     $20.00

39 or younger                             $25.00

3.  For each original or initial application or renewal examination, if a written application is required, for the following endorsements to a driver license:

(a)  Bus endorsement, ten dollars.

(b)  Hazardous materials endorsement, ten dollars.

(c)  Tank vehicle endorsement, ten dollars.

(d)  Double‑triple trailer endorsement, ten dollars.

(e)  Motorcycle endorsement, seven dollars.

4.  For taking each driving test for a:

(a)  Class A driver license, twenty‑five dollars.

(b)  Class B driver license, twenty‑five dollars.

(c)  Class C driver license, twelve dollars fifty cents.

(d)  Bus endorsement, five dollars.

5.  For each application for an instruction permit under:

(a)  Section 28‑3154 or 28‑3156, seven dollars.

(b)  Section 28‑3155, three dollars.

(c)  Section 28‑3225, class A, twenty‑five dollars.

(d)  Section 28‑3225, class B, twenty‑five dollars.

(e)  Section 28‑3225, class C, twelve dollars fifty cents.

6.  For each renewal application, if a written examination is not required, for a:

(a)  Class A driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars.

(b)  Class B driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars.

(c)  Class C driver license and any endorsement, other than a hazardous materials endorsement, to the license, ten dollars.

7.  For each application for a duplicate of a standard driver license, four dollars.

8.  For each application for a duplicate of an instruction permit, two dollars.

9.  In addition to the fees prescribed in paragraph 2 and except as provided in paragraph 11:

(a)  For reinstatement of driving privileges after suspension or disqualification, ten dollars.

(b)  For reinstatement of driving privileges after revocation, twenty dollars.

10.  For each application for an extension by mail of a driver license, five dollars.

11.  In addition to the fees prescribed in paragraph 2, for reinstatement of driving privileges that were suspended or denied pursuant to section 28‑1385 after completion of the suspension or revocation, fifty dollars.

12.  For vision screening tests of out‑of‑state drivers, five dollars.

13.  For class D or M driver license skills tests for out‑of‑state drivers, fifteen dollars.

14.  In addition to the fees prescribed in paragraphs 1, 2 and 6, for each enhanced driver license, __________ dollars.

15.  For each application for a duplicate of an enhanced driver license, nineteen dollars.

B.  Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35‑146 and 35‑147, fees collected under this section in the Arizona highway user revenue fund. END_STATUTE

Sec. 3.  Title 28, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 28-3007, to read:

START_STATUTE28-3007.  Enhanced driver license and nonoperating identification license

A.  the department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating border crossing of any United States land or sea border in the western hemisphere.

B.  The department may establish and issue an enhanced driver license or enhanced nonoperating identification license for the purpose of border crossing of any United States land or sea border in the western hemisphere to an applicant who provides the department with proof of United States citizenship and identity.  The department shall continue to offer a standard driver license and nonoperating identification license as provided by this chapter.  The department must allow each applicant to choose between a standard driver license or nonoperating identification license or an enhanced driver license or nonoperating identification license.

C.  An enhanced driver license and an enhanced nonoperating identification license shall include reasonable security measures to protect the privacy of residents of this state, including protection against unauthorized disclosure of data about residents of this state.

D.  An enhanced driver license or enhanced nonoperating identification license may include a radio frequency identification chip or similar technology.  The department shall ensure that the technology is encrypted or otherwise secure from unauthorized data access.

E.  The requirements of this section are in addition to the requirements otherwise imposed on applicants for a driver license or nonoperating identification license pursuant to this chapter.  The department shall adopt rules as necessary to implement this section.  The department shall periodically review technological innovations related to the security of the enhanced driver license and enhanced nonoperating identification license and amend the rules related to enhanced driver licenses and enhanced nonoperating identification licenses as the director deems necessary to protect the privacy of residents of this state.

F.  The department may make images associated with an enhanced driver license or enhanced nonoperating identification license available to United States customs and border agents for the purposes of verifying identity.END_STATUTE

Sec. 4.  Section 28-3101, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3101.  Driver license classes

A.  Except as provided in subsections B and C of this section and section 28‑3102, the following driver license classes are valid:

1.  Class A.  A class A license is valid for operating either of the following:

(a)  A motor vehicle that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the combined gross vehicle weight rating is twenty‑six thousand one or more pounds.

(b)  A vehicle that requires a class B, C or D license.

2.  Class B.  A class B license is valid for operating any of the following:

(a)  A single motor vehicle with a gross vehicle weight rating of twenty‑six thousand one or more pounds.

(b)  A motor vehicle with a gross vehicle weight rating of twenty‑six thousand one or more pounds that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.

(c)  A vehicle that requires a class C or D license for operation.

3.  Class C.  A class C license is valid for operating any of the following:

(a)  A single motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less.

(b)  A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.

(c)  A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds, if the combined gross vehicle weight rating is less than twenty‑six thousand one pounds.

(d)  A vehicle that is required to be placarded for hazardous materials.

(e)  A bus or school bus.

(f)  A vehicle that requires a class D license for operation.

4.  Class D.  A class D license is valid for operating any of the following:

(a)  A single motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less.

(b)  A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.

(c)  A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the combined gross vehicle weight rating is less than twenty‑six thousand one pounds.

5.  Class G.  A class G license is valid for operating a single motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less.

6.  Class M.  A class M license is valid for operating a motorcycle, motor driven cycle or moped.  For the purpose of licensing a driver, the department may endorse a class M license classification on a valid class A, B, C, D or G license.

B.  A class A, B, C, D or G license is not valid for operating a vehicle that requires a class M license or a vehicle that requires a special endorsement unless the proper endorsement appears on the license.

C.  A commercial driver license is not required to operate a vehicle described in subsection A, paragraph 1, 2 or 3 of this section if the vehicle has been issued a historic vehicle license plate pursuant to section 28‑2484 and the department provides in the vehicle registration record both of the following:

1.  That the vehicle is classified as a noncommercial vehicle and may not be used as a commercial vehicle.

2.  The vehicle's gross vehicle weight is entered as zero.

D.  An enhanced driver license may be issued for a class A, B, C, D, G or M license. END_STATUTE

Sec. 5.  Section 28-3165, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3165.  Nonoperating identification license; immunity; rules; emancipated minors

A.  On receipt of an application from a person who does not have a valid driver license issued by this state or whose driving privilege is suspended, the department shall issue a nonoperating identification license that contains a distinguishing number assigned to the licensee, the full legal name, the date of birth, the residence address and a brief description of the licensee and either a facsimile of the signature of the licensee or a space on which the licensee is required to write the licensee's usual signature with pen and ink.  A nonoperating identification license that is issued to a person whose driving privilege is suspended shall not be valid for more than one hundred eighty days from the date of issuance.

B.  On request of an applicant, the department shall allow the applicant to provide on the nonoperating identification license a post office box address that is regularly used by the applicant.

C.  A person who is issued a license pursuant to this section shall use it only for identification purposes of the licensee.  The nonoperating identification license does not grant authority to operate a motor vehicle in this state.  The department shall clearly label the nonoperating identification license "for identification only, not for operation of a motor vehicle".

D.  On issuance of a driver license, the holder of a nonoperating identification license shall surrender the nonoperating identification license to the department and the department shall not refund any fee paid for the issuance of the nonoperating identification license.

E.  A nonoperating identification license shall contain the photograph of the licensee.  The department shall use a process in the issuance of nonoperating identification licenses that prohibits as nearly as possible the ability to superimpose a photograph on the license without ready detection. The department shall process nonoperating identification licenses and photo attachments in color.

F.  On application, an applicant shall give the department satisfactory proof of the applicant's full legal name, date of birth, sex and residence address and that the applicant's presence in the United States is authorized under federal law.  The application shall briefly describe the applicant, state whether the applicant has been licensed, and if so, the type of license issued, when and by what state or country and whether any such license is under suspension, revocation or cancellation.  The application shall contain other identifying information required by the department.

G.  The department may adopt and implement procedures to deny a nonoperating identification license to a person who has been deported.  The department may adopt and implement procedures to reinstate a person's privilege to apply for a nonoperating identification license if the person's legal presence status is restored.

H.  A nonoperating identification license issued by the department is solely for the use and convenience of the applicant for identification purposes.

I.  The department shall adopt rules and establish fees for issuance of a standard nonoperating identification license, except that the department shall not require an examination.

J.  For each original or initial application or renewal application for an enhanced nonoperating identification license, the department shall charge a fee of twenty-seven dollars.  For each application for a duplicate of an enhanced nonoperating identification license, the department shall charge a fee of nineteen dollars.  Each original or renewal of an enhanced nonoperating identification license is valid for not more than five years.

J.  K.  A person who is sixty‑five years of age or older and a person who is a recipient of public monies as a disabled individual under title XVI of the social security act, as amended, are exempt from the fees established for a standard nonoperating identification license pursuant to this section.

K.  L.  If a person qualifies for a nonoperating identification license and is under the legal drinking age, the department shall issue a license that is marked by color, code or design to immediately distinguish it from a nonoperating identification license issued to a person of legal drinking age. The department shall indicate on the nonoperating identification license issued pursuant to this subsection the year in which the person will attain the legal drinking age.

L.  M.  If a minor has been emancipated pursuant to title 12, chapter 15, on application and proof of emancipation, the department shall issue a nonoperating identification license that contains the words "emancipated minor". END_STATUTE

Sec. 6.  Section 28-3171, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3171.  Driver license expiration and renewal; exception; extension by mail

A.  Except as provided in subsection B, D or E of this section and unless medical restrictions require a shorter expiration period, a driver license:

1.  Is valid until the applicant's sixty‑fifth birthday.

2.  Is renewable for successive periods of five years after the applicant's sixty‑fifth birthday.

3.  Expires on the applicant's birthday if the license was issued pursuant to subsection B of this section.

B.  Notwithstanding subsection A of this section:

1.  An enhanced driver license is valid for not more than five years and is renewable for successive periods of not more than five years.

1.  2.  The department shall issue to an applicant a driver license that is valid for not more than five years and six months if the applicant applies within six months of the applicant's next birthday and if the applicant is sixty‑four years of age or older, unless medical restrictions require a shorter expiration period.

2.  3.  On presentation of satisfactory proof of qualification, the director may issue a class D, G or M license or permit for a period of up to five years to:

(a)  A person who is an out‑of‑state student or who is the spouse of an out‑of‑state student.  For the purposes of this subdivision, "out‑of‑state student" has the same meaning prescribed in section 28‑2001.

(b)  An immediate family member of any active duty military personnel temporarily stationed in this state.

(c)  Any other person for whom the director determines other circumstances justify the issuance.

C.  An applicant shall apply for renewal of a driver license before the expiration of a current license.  The department may require an examination of a renewal applicant for a class D, G or M license as required of an original applicant.

D.  A veteran, as defined in section 41‑601, whose driver license expires is not required to renew the veteran's driver license for six months from the date of the veteran's discharge from military service.

E.  The department may extend the expiration date of a class D or M license by mail for a resident if the applicant is not in this state at the time the license expires and will not be in this state for at least thirty consecutive days after the expiration of the driver license.  On payment by the applicant of the fee prescribed in section 28‑3002, the department shall issue a certificate of extension that is valid only if accompanied by the applicant's previous license.  An applicant for extension of a license by mail shall comply with the following:

1.  The application requirements of section 28‑3158.

2.  The licensing requirements of section 28‑3153.

3.  Medical requirements applicable to all license applicants, except that the applicant is not required to obtain an eyesight examination. END_STATUTE

Sec. 7.  Requirements for enactment; two-thirds vote

Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.

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Charles Weisman
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Carrie Fisher
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