Illinois General Assembly - Full Text of SB1623
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Full Text of SB1623  94th General Assembly


Sen. Dave Sullivan

Filed: 4/11/2005





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2     AMENDMENT NO. ______. Amend Senate Bill 1623 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as the
5 Consular Identification Document Act.
6     Section 5. Definition. As used in this Act, "consular
7 identification document" means an official identification card
8 issued by a foreign government that meets all of the following
9 requirements:
10         (1) The consular identification document is issued
11     through the foreign government's consular offices for the
12     purpose of identifying a foreign national who is living
13     outside of that nation.
14         (2) The foreign government requires an individual to
15     provide the following to obtain the consular
16     identification document: (A) proof of nationality; (B)
17     proof of identity; and (C) proof of residence in the
18     consular district.
19         (3) The foreign government includes the following
20     security features in the consular identification document:
21     (A) a unique identification number; (B) an optically
22     variable feature such as a hologram or color-shifting inks;
23     (C) an ultraviolet image; (D) encoded information; (E)
24     machine readable technology; (F) micro printing; (G)



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1     secure laminate; and (H) integrated photograph and
2     signature.
3         (4) The consular identification document includes the
4     following data: (A) the name and address of the individual
5     to whom it is issued; (B) the date of issuance; (C) the
6     date of expiration; (D) the name of the issuing consulate;
7     and (E) an identification number. The consular
8     identification document must include an English
9     translation of the data fields.
10         (5) The issuing consulate has filed with the Department
11     of State Police a copy of the issuing consulate's consular
12     identification document and a certification of the
13     procedures that are used to satisfy the requirements of
14     paragraphs (2) and (3).
15     Section 10. Acceptance of consular identification
16 document.
17     (a) When requiring members of the public to provide
18 identification, each State agency and officer and unit of local
19 government shall accept a consular identification document as
20 valid identification of a person.
21     (b) A consular identification document shall be accepted
22 for purposes of identification only and does not convey an
23 independent right to receive benefits of any type.
24     (c) A consular identification document may not be accepted
25 as identification for obtaining a driver's license or
26 registering to vote.
27     (d) A consular identification document does not establish
28 or indicate lawful U.S. immigration status and may not be
29 viewed as valid for that purpose, nor does a consular
30 identification document establish a foreign national's right
31 to be in the United States or remain in the United States.
32     (e) The requirements of subsection (a) do not apply if:
33         (1) a federal law, regulation, or directive or a



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1     federal court decision requires a State agency or officer
2     or a unit of local government to obtain different
3     identification;
4         (2) a federal law, regulation, or directive preempts
5     state regulation of identification requirements; or
6         (3) a State agency or officer or a unit of local
7     government would be unable to comply with a condition
8     imposed by a funding source which would cause the State
9     agency or officer or unit of local government to lose funds
10     from that source.
11     (f) Nothing in subsection (a) shall be construed to
12 prohibit a State agency or officer or a unit of local
13 government from:
14         (1) requiring additional information from persons in
15     order to verify a current address or other facts that would
16     enable the State agency or officer or unit of local
17     government to fulfill its responsibilities, except that
18     this paragraph (1) does not permit a State agency or
19     officer or a unit of local government to require additional
20     information solely in order to establish identification of
21     the person when the consular identification document is the
22     form of identification presented;
23         (2) requiring fingerprints for identification purposes
24     under circumstances where the State agency or officer or
25     unit of local government also requires fingerprints from
26     persons who have a driver's license or Illinois
27     Identification Card; or
28         (3) requiring additional evidence of identification if
29     the State agency or officer or unit of local government
30     reasonably believes that: (A) the consular identification
31     document is forged, fraudulent, or altered; or (B) the
32     holder does not appear to be the same person on the
33     consular identification document.



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1     Section 15. Privacy and disclosure limitations. Use by a
2 State agency or officer or a unit of local government of
3 information collected from, or appearing on, a consular
4 identification document is subject to the same privacy and
5 disclosure limitations that apply to the Illinois
6 Identification Card.".