ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FACT SHEET FOR S.C.R. 1030
verifiable and secure identification
Purpose
Subject to voter approval, prohibits law enforcement or other government agencies, commissions, boards or districts from accepting identification documents unless they are issued by a political subdivision, Indian tribe, 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 Matricular Consular is an identification card issued by the Mexican Government through its Consular 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 Matricular Consular as a form of identification. According to the Consular General of Mexico, the Matricular 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.
In 2005, the Legislature enacted S.B. 1511, secure and verifiable identification; however, this bill did not become law because the Governor vetoed the bill. S.C.R. 1030 is identical to the language of the vetoed S.B. 1511.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits law enforcement, a department, agency, commission, board or district of this state that requires identification for services from accepting or recognizing any identification document unless the document was issued by a political subdivision of this state, a federally recognized Indian tribe, 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 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. Provides legislative history that during the 2005 legislative session, the Legislature enacted S.B. 1511, secure and verifiable identification; however, this bill was vetoed. The Legislature is therefore proposing this measure, which is identical to S.B. 1511 of 2005, to give the voters the opportunity to override the Governor’s veto and enact this measure into law.
9. Directs the Secretary of State to submit this proposition to the voters at the next general election.
10. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 14, 2006
NS/jas