HB 1266 – AS INTRODUCED
2006 SESSION
05/04
HOUSE BILL 1266
AN ACT relative to acceptance of consular identification documents.
SPONSORS: Rep. Velez, Hills 12
This bill establishes the circumstances under which the state shall accept a consular identification document for identification purposes.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2282
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to acceptance of consular identification documents.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Consular Identification Document. Amend RSA by inserting after chapter 21-Q the following new chapter:
CHAPTER 21-R
CONSULAR IDENTIFICATION DOCUMENT
21-R:1 Definition. In this chapter, “consular identification document” means an official identification card issued by a foreign government that meets all of the following requirements:
I. 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.
II. The foreign government requires an individual to provide the following to obtain the consular identification document:
(a) Proof of nationality.
(b) Proof of identity.
(c) Proof of residence in the consular district.
III. 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.
(h) Integrated photograph and signature.
IV. 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.
(e) An identification number.
V. The consular identification document includes an English translation of the data fields.
VI. The issuing consulate has filed with the department of safety 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 II and III.
21-R:2 Acceptance of Consular Identification Document.
I. When requiring members of the public to provide identification, each state agency and unit of local government shall accept a consular identification document as valid identification of a person.
II. A consular identification document shall be accepted for purposes of identification and shall not convey an independent right to receive benefits of any type.
III. Notwithstanding paragraphs I and II, a consular identification document may not be accepted as identification for obtaining a driver’s license or registering to vote.
IV. A consular identification document shall not establish or indicate lawful U.S. immigration status and may not be viewed as valid for that purpose, nor shall a consular identification document establish a foreign national’s right to be in the United States or remain in the United States.
V. Paragraph I shall not apply if:
(a) 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.
(b) A federal law, regulation, or directive preempts state regulation of identification requirements.
(c) A state agency 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 unit of local government to lose funds from that source.
VI. Nothing in paragraph I shall be construed to prohibit a state agency or a unit of local government from:
(a) Requiring additional information from persons in order to verify a current address or other facts that would enable the state agency or unit of local government to fulfill its responsibilities, except that this paragraph shall not permit a state agency 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;
(b) Requiring fingerprints for identification purposes under circumstances where the state agency or unit of local government also requires fingerprints from persons who have a driver’s license or nondriver’s picture identification card; or
(c) Requiring additional evidence of identification if the state agency or unit of local government reasonably believes that: the consular identification document is forged, fraudulent, or altered; or the holder does not appear to be the same person on the consular identification document.
21-R:3 Privacy and Disclosure Limitations. Use by a state agency 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 motor vehicle records under RSA 260:14.
2 Effective Date. This act shall take effect January 1, 2007.