Opinion
Administrative Order No. 2011-70 (Affecting Administrative Order No. 2009-127)
June 15, 2011.
Pursuant to the Arizona Code of Judicial Administration § 1-201(E), the Chief Justice may adopt emergency administrative code proposals and technical changes in existing code sections by Administrative Order without prior distribution for comment and action by the Arizona Judicial Council.
In the First Regular Session of the Fiftieth Legislature (2011), the Legislature passed Senate Bill 1465 (Chapter 325), effective July 20, 2011. The legislation added Chapter 48 to Title 41 of the Arizona Revised Statutes to prohibit this state or any political subdivision of the state from accepting a consular identification card that is issued by a foreign government as a valid form of identification.
Pursuant to the Arizona Code of Judicial Administration § 7-205(F)(25)(d)(4), a defensive driving school must require each student to show official identification prior to beginning a class; acceptable forms of identification include a government-issued identification card. Amendments to § 7-205 are necessary to conform to the new statutory prohibitions against accepting a foreign government consular identification card.
Therefore, pursuant to Article VI, Section 3, of the Arizona Constitution,
IT IS ORDERED that Arizona Code of Judicial Administration § 7-205 is amended as indicated on the attached document, effective July 20, 2011. All other provisions of § 7-205 as originally adopted, remain unchanged and in effect.
Dated this 15th day of June, 2011.
ARIZONA CODE OF JUDICIAL ADMINISTRATION Part 7: Administrative Office of the Courts Chapter 2: Certification and Licensing Programs Section 7-205: Defensive DrivingA. through E. [no changes]
F. Role and Responsibilities of Certificate Holders. In addition to the requirements of ACJA § 7-201(F), each school shall:
1. through 24. [no changes]
25. Comply with the following requirements:
a. through c. [no changes]
d. Eligibility, R registration and A attendance of Sstudents.
(1) through (3) [no changes]
(4) Each school shall:
(a) Require each student to show official identification prior to beginning a class and verify the registration information for accuracy against the official information by direct comparison. Acceptable forms of identification are limited to a government-issued driver license or identification card. Pursuant to A.R.S. § 41-4801, a school ". . . shall not accept a consular identification card that is issued by a foreign government as a valid form of identification." Schools may retain a photocopy of each driver license or identification card;
(b) through (i) [no changes]
(5) and (6) [no changes]
26. through 32. [no changes]
G. through L. [no changes]