ARIZONA STATE SENATE

Forty-seventh Legislature, First Regular Session

FACT SHEET FOR S.B. 1511

secure and verifiable identification

Purpose

Prohibits law enforcement or other government agencies, commissions, boards or districts from accepting identification documents unless they are issued by a state or federal authority.

Background

The U.S. visa is a document, obtained at any U.S. embassy or consulate, granting a non-U.S. traveler permission to apply for admission into the United States at a port of entry.

There are two types of visas, an immigrant visa and a nonimmigrant visa. Immigrant visas are for people who intend to live permanently in the United States. Nonimmigrant visas are for people who wish to visit the United States temporarily for tourism, medical treatment, business, temporary work or study.

The Matricula Consular is an identification card issued by the Mexican Government through its Consulate Offices. Every Mexican national, independent of his or her migratory status has the right to be registered by the Mexican Consulate within the jurisdiction where he resides. Some Mexican nationals who are present in the U.S. utilize the Matricula Consular as a form of identification. According to the Consulate General of Mexico, the Matricula Consular is used by law enforcement agencies to identify individuals, to obtain marriage licenses and copies of birth certificates of children born in Arizona and enroll children in school.

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

Provisions

1. Prohibits law enforcement, a department, agency, commission, board or districts of this state that require identification for services from accepting or recognizing any identification document unless the document was issued by a state or federal authority.

2. Requires the identification to be verifiable by a law enforcement or a homeland security agency.

3. Specifies that political subdivisions shall not rely on anything but verifiable identification for the purposes of issuing a form of identification, license, permit or official document.

4. Prohibits law enforcement services from being withheld because of the presentation of unverifiable identification.

5. Clarifies that exceptions can only be made as required by treaty or federal law or as it relates to any federally recognized tribal nation or for the purpose of reporting a crime.

6. Provides that any actions made knowingly in violation of the proposed statute are not protected by governmental immunity.

7. Contains definitions.

8. Becomes effective on the general effective date.

Prepared by Senate Research

February 14, 2005

NS/ac