Assigned to PS                                                                                                    AS PASSED BY COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2852

 

identification driver licenses; Native American

Purpose

Effective January 1, 2026, allows a distinguishing mark to show on a nonoperating identification or driver license that identifies the licensee as an enrolled member of a Native American tribe located in Arizona, if elected by an applicant who submits satisfactory proof, as outlined.

Background

The Arizona Department of Transportation (ADOT) must issue a nonoperating identification or driver license to an applicant that contains a distinguishing number, legal name, date of birth, residence address, brief description and signature of the licensee. If an applicant submits satisfactory proof or authorization, ADOT must allow a distinguishing mark or medical code to show on a nonoperating identification or driver license that indicates the licensee:
1) wishes to be an organ or tissue donor; 2) is a veteran; or 3) suffers from some type of adverse medical condition (A.R.S. ยงยง 28-3006; 28-3165; 28-3166; and 28-3167).

Tribal enrollment criteria are set forth in tribal constitutions, articles of incorporation or ordinances. Uniform membership requirements do not exist as the criterion varies from tribe to tribe (U.S. DOI). As of December 11, 2024, there are 574 Indian tribes federally recognized by and eligible to receive services from the U.S. Bureau of Indian Affairs (U.S. BIA).

               There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires ADOT to allow a distinguishing mark to appear on a nonoperating identification or driver license that identifies an applicant as a Native American, if the applicant:

a)   elects to show the distinguishing mark; and

b)   submits satisfactory proof that the applicant is an enrolled member of a federally recognized Indian tribe located in Arizona.

2.   Designates the following documents as satisfactory proof that an applicant is an enrolled member of a federally recognized Indian tribe located in Arizona:

a)   an enhanced tribal card or a tribal identification card;

b)   a tribal certificate of Indian blood; and

c)   a tribal or U.S. Bureau of Indian Affairs affidavit of birth.

3.   Prohibits the distinguishing mark from identifying a specific Indian tribe located in Arizona or other specific personal information that is contained in any document submitted to provide satisfactory proof.

4.   Makes technical changes.

5.   Becomes effective on January 1, 2026.

Amendments Adopted by Committee

1.   Specifies that an applicant must be an enrolled member of a federally recognized Indian tribe located in Arizona.

2.   Adds a delayed effective date.

3.   Makes technical changes.

House Action                                                           Senate Action

TI                    2/19/25      DP     6-0-0-1                 PS                    3/26/25      DPA     6-0-1

3rd Read          3/10/25                 38-18-4               

Prepared by Senate Research

March 28, 2025

KJA/AG/slp