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Senate Engrossed |
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State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
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SENATE CONCURRENT RESOLUTION 1030 |
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A CONCURRENT RESOLUTION
enacting and ordering the submission to the PEOPLE of a MEASURE relating to identification REQUIREments for the disbursement of PUBLIC services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to identification requirements for the disbursement of public services, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending TITLE 41, Arizona Revised Statutes, by adding chapter 41; relating to identification requirements.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 41, to read:
CHAPTER 41
SECURE AND VERIFIABLE IDENTIFICATION
ARTICLE 1. GENERAL PROVISIONS
41-4251. Identification requirements; exceptions; consequences; definitions
A. For the disbursement of public services, including law enforcement services, in this state that require recipients to produce identification, a department, agency, commission, board or district of this state or a political subdivision of this state shall not accept or recognize any identification document unless the document was issued by a political subdivision of this state, a federally recognized indian tribe or a state or federal authority and is verifiable by a law enforcement or homeland security agency. Law enforcement services shall not be withheld because of the presentation of an unverifiable identification document, but the unverifiable document cannot be used to establish identity. A political subdivision of this state shall not authorize acceptance of an unverifiable identification document and a public official acting in the capacity of a public official shall not accept, acknowledge or recognize anything other than a verifiable identification document. For the purpose of issuing any form of identification, license, permit or official document to any person, a political subdivision of this state shall not rely on, or use in any manner, any document other than a verifiable identification document.
B. An exception to this section shall be made only as required by treaty or federal law or for the purpose of reporting a crime. An action that is knowingly taken and that is inconsistent with this section is deemed to be outside of the official capacity of the agency, officer, elected official, agent or employee and is not protected by governmental immunity.
C. For the purposes of this article:
1. "Law enforcement agency" means any law enforcement or intelligence agency, department or authority of the United States government, a state government or a political subdivision of the United States government or a state government.
2. "Public services" means services funded in whole or in part by state or local tax revenues.
3. "Verifiable" means that the issuance of a document by the issuing agency to the individual named on the document is capable of being confirmed on request by a United States law enforcement agency.
Sec. 2. Legislative history
During the 2005 legislative session, the legislature enacted S.B. 1511, secure and verifiable identification. However, this bill did not become law because the governor of the state of Arizona vetoed this bill. The legislature is therefore proposing this measure, which is identical to the language of the vetoed S.B. 1511, to give the qualified electors of this state the opportunity to override the governor's veto of S.B. 1511 and enact this measure into law.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.