REFERENCE TITLE: commercial driver licenses; third parties

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

SB 1096

Introduced by

Senator Pace

AN ACT

amending section 28-5101.01, Arizona Revised Statutes; relating to driver licenses.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1.  Section 28-5101.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5101.01. Authorized third party driver license providers; requirements

A.  Beginning on or before June 1, 2014, Except as provided in section 28‑5101.03, an authorized third party driver license provider must perform both of the following:

1.  Driver license skills and written testing.

2.  Driver license processing.

B.  A person who is a third party driver license provider authorized pursuant to this section may also be authorized pursuant to this article to perform certain title and registration functions.

C.  A person who applies for authorization pursuant to this section shall submit with the application all of the following:

1.  A bond in a form to be approved by the director and in an amount of at least three hundred thousand dollars $300,000 for an initial application for authorization pursuant to this section and an additional one hundred thousand dollars $100,000 for each additional location providing driver license functions prescribed in subsection A of this section, except that if the authorized third party is also authorized pursuant to this article to perform certain title and registration functions at the same location only a single one hundred thousand dollar $100,000 bond is required for that location.  The total bond amount required by this paragraph shall not exceed one million dollars  $1,000,000.  The bond requirements of this paragraph do not apply to government entities prescribed in section 28‑5104, subsection E, paragraphs 1, 2, 3, 5 and 11.

2.  Documentation that the applicant satisfies all of the following:

(a)  Has been an authorized third party pursuant to this chapter for at least the immediately preceding three years.

(b)  Has conducted an average of at least one thousand retention transactions per month for the previous calendar year.

(c)  Is in good standing with the department.

(d)  Has a facility plan for each location that shows adequate space and equipment necessary to perform the functions prescribed in subsection A of this section.

3.  Documentation that the applicant has during business hours at least one certified processor qualified to perform at a minimum all of the following at each location:

(a)  Fraudulent document recognition.

(b)  Ignition interlock requirements.

(c)  Driver license reinstatements.

D.  A third party driver license provider authorized pursuant to this section must comply with all quality control requirements prescribed by the department.

E.  A third party driver license provider authorized pursuant to subsection A of this section shall not process may perform administrative and testing functions for the issuance and renewal of commercial driver licenses as authorized by the director. END_STATUTE

Sec. 2.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.