Transportation Restriction Will be Lifted for Arizona REALTORS®

Updated April 8, 2016: Each year, the legislature introduces somewhere in the neighborhood of 1,200 bills. Of those, approximately 25-percent are signed into law. The Arizona Association REALTORS® has a long-standing success rate of more than 85-percent in bill passages year after year. Once again, the association has succeeded on the legislative front. On March 24, 2016, Governor Doug Ducey signed into law HB 2514, which corrects a long standing inequity in statute. Ninety days after the legislative session adjourns, this bill will take effect.

In Arizona, an applicant for real estate broker or sales person licensure is required to obtain a valid fingerprint clearance card from the Department of Public Safety; or upon the 10 business-day disclosure of a conviction, the licensee is required by the Arizona Department of Real Estate to obtain a fingerprint clearance card.

Current Arizona Revised Statute 41-1758.03 prohibits a real estate licensee who is awaiting trial for, or who has been convicted of a DUI within five years of applying for a fingerprint clearance card, from driving any vehicle to transport employees or clients as part of their employment. Furthermore, any person who is arrested for a DUI offence must have a driving restriction notification placed on their fingerprint clearance card.

As a licensed real estate agent convicted of a DUI, once you have served your time and have had your driving privileges restored, you are able to drive yourself, your children and your friends, but once that individual becomes a “client” the driving restriction applies. Interestingly enough, this set of regulations does not apply to Uber, Lyft and taxi drivers, whose sole business model is transportation.

Recognizing this inequality, Arizona REALTORS® brought the issue to the state legislature. Representative Sonny Borrelli – District 5, agreed to sponsor a bill for the association in order to correct the inequity for brokers and salespersons licensees from the prohibition. The bill was heard earlier this month in the House Military Affairs and Public Safety committee where it received unanimous approval from all eight committee members.

This past Thursday, the bill went before the entire House of Representatives where it received overwhelming support, 57 ayes, zero nays, and three not voting (absent). The bill has since been transmitted to the Senate, where the process will start all over.

The support of the bill by all members of the House of Representatives is a true testament to the REALTOR® Party and the influence that REALTORS® have at the legislature. AAR anticipates continued success as this bill works through the process.

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