Department of Finance and Administration
Legislative Impact Statement
Bill: HB1429 Amendment Number: H3
Bill Subtitle: TO AMEND THE LAW CONCERNING THE ISSUANCE OF A DRIVER'S LICENSE TO
CERTAIN APPLICANTS.
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Basic Change :
Sponsors: Reps. J. Richardson, F. Allen, Clowney, K. Ferguson, L. Johnson, Magie, Scott,
Vaught, Wardlaw, and Nicks; Sen. C. Tucker
House Amendment No. 3 --- HB1429-H3 (engrossed H3/8/23) increases the additional charge for a
driver's license issued under HB1429 from $50 to $100.
House Amendment No. 2 --- HB1429-H2 (engrossed H3/7/23) amends HB1429 to resolve issues
identified below. Specifically, House Amendment No. 2:
Specifies that the fees collected are dedicated to the Revenue Division of the Department of
Finance and Administration to defray the cost of issuance of driver's licenses under HB1429;
Removes the quarterly file exchange with the Secretary of State;
Clarifies the documents necessary for ODS to issue a driver's license under HB1429;
Resolves a conflict in Arkansas law regarding whether a driver's license could be issued to an
individual who is not lawfully present in the United States;
Prohibits the issuance of a commercial driver's license or commercial learner's permit under
HB1429; and
Makes rulemaking permissive for the Department of Finance and Administration.
Original Bill --- HB1429 (engrossed H/22/23) amends § 27-16-1111 concerning the issuance of a
driver's license (DL) for an applicant who is not a citizen of the United States. Under current law, §
27-16-1105, an applicant for a driver's license or identification card is required to present evidence of
legal status to the Office of Driver Services, which is valid documentary evidence that the person:
Is a citizen of the United States;
Is an alien lawfully admitted for permanent or temporary residence in the United States;
Has conditional permanent resident status in the United States;
Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United
States;
Has a pending or approved application for asylum in the United States;
Has entered into the United States in refugee status;
Has a pending or approved application for temporary protected status in the United States;
Has approved deferred action status;
Has a pending application for adjustment of status to that of an alien lawfully admitted for
permanent residence in the United States or conditional permanent resident status in the United
States;
Has a pending extension Form I-129, Petition for a Nonimmigrant Worker or a pending Form I-539,
Application to Extend/Change Nonimmigrant Status for dependents, as evidenced by a valid Form
I-797C, Notice of Action; or
Is a spouse or minor child as described.
Under current law, the Office of Driver Services may renew the license only if it is demonstrated that
the applicant's continued presence in the U.S. is authorized under federal law.
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3/13/2023 5:43 PM 1
Department of Finance and Administration
Legislative Impact Statement
Bill: HB1429 Amendment Number: H3
Bill Subtitle: TO AMEND THE LAW CONCERNING THE ISSUANCE OF A DRIVER'S LICENSE TO
CERTAIN APPLICANTS.
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HB1429 provides that if an applicant for a driver's license is unable to provide satisfactory evidence of
legal residency status, the Office of Driver Services shall issue a driver's license if the applicant:
Provides proof of identity with a passport issued by their country of citizenship:
Meets all other DL issuance requirements;
Provides a social security number or taxpayer identification number issued by the Internal
Revenue Service;
Provides proof of residence in the state; and
Provides proof of authorization for presence in the U.S. or proof of having filed a state tax return for
the three years prior to the applicant's date of application for issuance of a DL.
A DL issued to an applicant unable to provide satisfactory evidence of legal residency status shall
clearly display that the DL is "Not valid for voter identification."
In addition to the cost of the issuance or renewal of a DL, an applicant or licensee who provides an
individual tax identification number shall pay a fee of $50.00, and the DL shall be issued for a period
not to exceed four years.
The Office of Driver Services would have discretion to renew any license without proof of legal
presence if the applicant provides proof of filing a state tax return for each year between the date of
issuance and the year prior to the expiration of the driver's license.
The Office of Driver Services would be required to send the Secretary of State a quarterly file that
includes identifying information of any licensee that received a driver's license without providing proof
of legal presence that includes the name, date of birth, residential address, and mailing address.
Revenue Impact :
An applicant for a license under HB1429 would be required to pay an additional $100.00 fee to offset
costs pertaining to the issuance process and programming changes. The amount of additional fees
that would be collected is unknown.
Taxpayer Impact :
An individual that is unable to demonstrate lawful presence in the United States would be eligible to
obtain an Arkansas driver’s license provided the requirements of HB1429 are met.
Resources Required :
The estimated cost for programming changes for the Arkansas Integrated Revenue System (AIRS) is
$136,000.00 and a yearly maintenance cost of $8,000.00. The Office of Driver Services would require
the following additional employees to process applications and renewal applications at an estimated
annual salary cost of $1,609,162:
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3/13/2023 5:43 PM 2
Department of Finance and Administration
Legislative Impact Statement
Bill: HB1429 Amendment Number: H3
Bill Subtitle: TO AMEND THE LAW CONCERNING THE ISSUANCE OF A DRIVER'S LICENSE TO
CERTAIN APPLICANTS.
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GS05 Positions – 20 DFA Local Revenue Office Supervisors
GS06 Positions – 3 Hearing Officers
GS09 Positions – 5 DFA Statewide Program Specialists
GS10 Position – 1 Attorney
GS11 Position – 1 DFA Statewide Program Coordinator
Time Required :
Additional time to implement these changes would be necessary. An implementation date of January 1,
2024 is recommended.
Procedural Changes :
The Office of Driver Services would have to update the issuance process for someone wishing to
obtain a driver's license without proof of legal presence. Training materials would need to be created
for the Office of Driver Services, State Revenue Offices, law enforcement, and courts.
Other Comments :
HB1429 will require "not valid for voter identification" be displayed on the face of the license and be
highlighted. When someone is issued a non-REAL ID "not for federal ID" must display on the front of
the license. There is currently very limited space on the face of a driver’s license to add additional text.
Legal Analysis :
None.
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Statutes affected: Old version HB1429 Original - 2-14-2023 04:00 PM: 27-16-1111
Old version HB1429 V2 - 2-22-2023 10:29 AM: 27-16-1111
Old version HB1429 V3 - 3-7-2023 09:29 AM: 27-16-907(c), 27-16-1111
Old version HB1429 V4 - 3-8-2023 09:44 AM: 27-16-907(c), 27-16-1111
HB 1429: 27-16-907(c), 27-16-1111