JANICE K. BREWER
Governor
State of Arizona Department of Insurance CHRISTINA URIAS
Director
ARIZONA DEPARTMENT OF INSURANCE
2910 North 44th Street, Suite 210, Phoenix, Arizona 85018-7269
www.azinsurance.gov

THE STATE OF ARIZONA REQUIRES
PROOF OF LAWFUL PRESENCE FOR LICENSE APPLICANTS

In 2008, the Arizona Legislature passed Laws 2008, Ch. 152 (HB 2745), which added a licensing eligibility requirement for an individual seeking a license in Arizona. After September 30, 2008, an Arizona state agency cannot issue a new or renewed license unless it first receives one of the forms of identification listed in ARS § 41-1080. Complete and follow the instructions on Form L-152.

HOW THE LAW IMPACTS INSURANCE LICENSE APPLICANTS AND LICENSEES 

The law applies to individuals who want a new license, individuals who want to expand authority under an existing license and individuals who want to renew an existing license. The law does not apply to business entity licenses.

The law applies to all Arizona residents (including all individuals relocating from another state to Arizona), and to anyone (resident or nonresident) seeking a new or renewed adjuster or bail bond agent license. Nonresident insurance producers do not need to provide Form L-152 or identification.

We believe permanent US residents need to provide identification to the Department of Insurance only once (see *NOTE). Individuals in the US on a temporary basis will need to provide evidence of being lawfully in the US each time the identification that we received expires.

*NOTE:  We will retain identification until one year after a non-renewed license expires. An individual who does not renew a license will need to submit identification if the individual applies to become re-licensed in Arizona.

WHAT AN APPLICANT OR LICENSEE NEEDS TO DO 

An individual who is required to satisfy the identification requirement must send a COPY of both sides of one of the acceptable forms of identification stapled to the ORIGINAL of a completed and signed Form L-152 to the Department of Insurance (faxes, e-mails and copies of the Form L-152 are not acceptable). The Department will update its database to reflect satisfaction of the requirement, thereby making the individual eligible for a new or renewed license.

If you are subject to the identification requirement, we strongly recommend you satisfy the identification requirement now rather than waiting. This will make it easier for you when your license becomes due for renewal.

ACCEPTABLE FORMS OF IDENTIFICATION (which must be accompanied by Form L-152)

ARS § 41-1080, added by Laws 2008, Ch. 152 (HB 2745), § 9 requires state government agencies to obtain one of the following forms of identification before issuing a license:

1. An Arizona driver license issued after 1996 or a nonoperating identification license. If your Arizona driver license has not been updated within the past 12 years, Arizona law requires you to visit a Motor Vehicle Division office to update your driver license. ARS § 28-3173(A).

2... A driver license issued by a state that verfies lawful presence in the United States. As of August 5, 2008, the following states do not verify lawful presence in the US (and we cannot accept a driver license from any of these states): Hawaii, Illinois, Maine, Maryland, New Mexico, Texas, Utah, Washington.

3. ..A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. The National Center for Health Statistics "Where to Write for Vital Records" Web page can tell you how to obtain a copy of your birth certificate from the state where you were born.

4. ..A United States Certificate of Birth Abroad (a.k.a. Consular Report of Birth Abroad). Information on how to obtain a copy of a Consular Report of Birth Abroad is on the US Department of State Bureau of Consular Affairs "Get or Renew Passport" Web page.

5. ..A United States Passport or US Passport Card. Information on how to obtain a US Passport or US Passport Card is avaialble on the US Department of State Bureau of Consular Affairs "Passports" Web page.

6. ..A foreign passport with a United States visa. Visit the US Department of State Bureau of Consular Affairs "Visas" Web page.

7. ..A Form I-94 (a.k.a. Nonimmigrant Arrival-Departure Document) with a photograph. Visit the US Citizenship and Immigration Services "Immigration Forms" Web page if you need a copy of your I-94 or to apply to extend your stay in the US.

8. ..A United States Citizenship and Immigration Services Employment Authorization Document ("EAD") or Refugee Travel Document (Form I-571). Visit the US Citizenship and Immigration Services "Employment Authorization" Web page if you need to obtain a copy of an EAD or Form I-571.

9. ..A United States Certificate of Naturalization. Visit the US Citizenship and Immigration Services "Immigration Forms" Web page if you need to apply for, or obtain a copy of, a Certificate of Naturalization.

10. ..A United States Certificate of Citizenship. Visit the US Citizenship and Immigration Services "Immigration Forms" Web page if you need to apply for, or obtain a copy of, a Certificate of Citizenship.

11. ..A tribal Certificate of Indian Blood. Each Native American community has its own procedures for obtaining a Certificate of Indian Blood. You may wish to use a search engine like "Google" or "Yahoo!" to search for information on how to contact your community.

12. ..A tribal or Bureau of Indian Affairs Affidavit of Birth. Each Native American community has its own procedures for obtaining an Affidavit of Birth. You may wish to use a search engine like "Google" or "Yahoo!" to search for information on how to contact your community. The Bureau of Indian Affairs is part of the US Department of the Interior (Phone: 202-208-3100).

We are evaluating whether we can accept a PERMANENT RESIDENT CARD issued by the US Citizenship and Immigration Services. At this time, please submit one of the 12 above-listed forms of identification.

For any questions regarding this announcement, please contact the Licensing Section at (602) 364-4457, or licensing@azinsurance.gov.

Last updated September 18, 2008, 11:30 AM