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Public Act 094-0389


 

Public Act 0389 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0389
 
SB1623 Enrolled LRB094 05732 WGH 42105 b

    AN ACT concerning identification.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Consular Identification Document Act.
 
    Section 5. Definition. As used in this Act, "consular
identification document" means an official identification card
issued by a foreign government that meets all of the following
requirements:
        (1) The consular identification document is issued
    through the foreign government's consular offices for the
    purpose of identifying a foreign national who is living
    outside of that nation.
        (2) The foreign government requires an individual to
    provide the following to obtain the consular
    identification document: (A) proof of nationality; (B)
    proof of identity; and (C) proof of residence in the
    consular district.
        (3) The foreign government includes the following
    security features in the consular identification document:
    (A) a unique identification number; (B) an optically
    variable feature such as a hologram or color-shifting inks;
    (C) an ultraviolet image; (D) encoded information; (E)
    machine readable technology; (F) micro printing; (G)
    secure laminate; and (H) integrated photograph and
    signature.
        (4) The consular identification document includes the
    following data: (A) the name and address of the individual
    to whom it is issued; (B) the date of issuance; (C) the
    date of expiration; (D) the name of the issuing consulate;
    and (E) an identification number. The consular
    identification document must include an English
    translation of the data fields.
        (5) The issuing consulate has filed with the Department
    of State Police a copy of the issuing consulate's consular
    identification document and a certification of the
    procedures that are used to satisfy the requirements of
    paragraphs (2) and (3).
 
    Section 10. Acceptance of consular identification
document.
    (a) When requiring members of the public to provide
identification, each State agency and officer and unit of local
government shall accept a consular identification document as
valid identification of a person.
    (b) A consular identification document shall be accepted
for purposes of identification only and does not convey an
independent right to receive benefits of any type.
    (c) A consular identification document may not be accepted
as identification for obtaining a driver's license or
registering to vote.
    (d) A consular identification document does not establish
or indicate lawful U.S. immigration status and may not be
viewed as valid for that purpose, nor does a consular
identification document establish a foreign national's right
to be in the United States or remain in the United States.
    (e) The requirements of subsection (a) do not apply if:
        (1) a federal law, regulation, or directive or a
    federal court decision requires a State agency or officer
    or a unit of local government to obtain different
    identification;
        (2) a federal law, regulation, or directive preempts
    state regulation of identification requirements; or
        (3) a State agency or officer or a unit of local
    government would be unable to comply with a condition
    imposed by a funding source which would cause the State
    agency or officer or unit of local government to lose funds
    from that source.
    (f) Nothing in subsection (a) shall be construed to
prohibit a State agency or officer or a unit of local
government from:
        (1) requiring additional information from persons in
    order to verify a current address or other facts that would
    enable the State agency or officer or unit of local
    government to fulfill its responsibilities, except that
    this paragraph (1) does not permit a State agency or
    officer or a unit of local government to require additional
    information solely in order to establish identification of
    the person when the consular identification document is the
    form of identification presented;
        (2) requiring fingerprints for identification purposes
    under circumstances where the State agency or officer or
    unit of local government also requires fingerprints from
    persons who have a driver's license or Illinois
    Identification Card; or
        (3) requiring additional evidence of identification if
    the State agency or officer or unit of local government
    reasonably believes that: (A) the consular identification
    document is forged, fraudulent, or altered; or (B) the
    holder does not appear to be the same person on the
    consular identification document.
 
    Section 15. Privacy and disclosure limitations. Use by a
State agency or officer or a unit of local government of
information collected from, or appearing on, a consular
identification document is subject to the same privacy and
disclosure limitations that apply to the Illinois
Identification Card.

Effective Date: 1/1/2006