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F I S C A L I M P A C T R E P O R T

SPONSOR Payne

DATE TYPED 2/7/05

HB 537

SHORT TITLE Proof of Citizenship for Driver’s Licenses

SB

ANALYST Rosen

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Department of Public Safety (DPS)

Attorney General’s Office (AGO)

No Responses Received From

Taxation and Revenue Department (TRD)

SUMMARY

Synopsis of Bill:

House Bill 537 amends the Motor Vehicle Code to require proof of U.S. citizenship for any per-

son who applies for a driver’s license, temporary license, or provisional license, or instruction

permit. This bill also removes the option of providing an individual tax identification number in

lieu of a social security number when applying for a driver’s license, temporary license, or provi-

sional license, or instruction permit. This bill adds a new type of driver’s license to the Motor

Vehicle Code, a “certificate for driving” that can be issued to applicants who do not have a social

security number or cannot show proof of US citizenship. A certificate for driving is only valid

for one year and the certificate shall state: “FOR DRIVING PURPOSES ONLY –NOT VALID

FOR IDENTIFICATION.”

House Bill 537 -- Page 2

Significant Issues:

According to AGO, the certificate for driving is expressly not to be used for purposes of identifi-

cation. However, it is not clear what can be used for identification purposes if a person has only

a valid certificate for driving and an officer needs to verify his or her identification.

AGO reports the State of Kentucky issues a driver’s license to non-U.S. citizens upon a showing

of certain documentation, including a social security card or a letter of ineligibility from the So-

cial Security Administration. The license expires at the same time the holder’s Bureau of Citi-

zenship and Immigration Services documents expire, or 4 years, whichever is shorter.

AGO indicates other states and the federal government have attempted to pass laws regarding

non-citizens obtaining a driver’s license. Most of these laws have been passed or advocated as a

matter of public safety and national security to prevent non-citizen terrorists from obtaining a

valid driver’s license and driving freely around the U.S. So far a law at the federal level has not

been successfully passed.

AGO indicates this bill is similar to a law passed in the State of Tennessee wherein eligible non-

U.S. citizens are issued a “certificate for driving” that identifies the holder as a non-U.S. citizen

and states “For driving purpose only – not valid for identification.” It has been said that Tennes-

see’s law is a means of licensing, which includes mandatory insurance requirements, illegal im-

migrants without granting them a state-issued driver’s license.

AGO notes states that single out non-U.S. citizens as a group for licensing purposes must justify

their actions with a showing that the “state’s purpose or interest is both constitutionally permissi-

ble and substantial and that it’s use of the classification is ‘necessary … to the accomplishment”

of its purpose or the safeguarding of its interest.’” In Re Griffiths, 413 U.S. 717 (1973). Similar

enactments of “certificates for driving” in other states have been criticized as unfairly marking

the holder as inferior and as discrimination based on national origin.

PERFORMANCE IMPLICATIONS

Indeterminate

ADMINISTRATIVE IMPLICATIONS

Indeterminate

TECHNICAL ISSUES

AGO reports the enactment of a “certificate for driving” needs to be considered with respect to

all other provisions of the Motor Vehicle Code that may also have to be amended, such as Sec-

tion 66-5-18 regarding an altered or forged license and the definitions section of the Motor Vehi-

cle Code. Other provisions of the Motor Vehicle Code that are affected by the enactment of a

new type of license (certificate for driving) need to be specifically amended so that the Act is

consistent throughout.

House Bill 537 -- Page 3

OTHER SUBSTANTIVE ISSUES

DPS indicates this bill will not directly affect law enforcement; however, the “Certificate of

Driving” should be in the form of an I.D. that has the necessary security safeguards to prevent

the forging or alteration of the certificate. The certificate should also have a picture of the indi-

vidual.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The status quo will be maintained. Currently, provided they meet all other application criteria,

non-US citizens can obtain a valid New Mexico driver’s license that is valid for both identifica-

tion and driving purposes.

POSSIBLE QUESTIONS

What is acceptable for purposes of identification for a person who only has a certificate for driv-

ing.

What can a non-US citizen obtain to enable him or her to lawfully drive in New Mexico once his

or her certificate for driving expires after one year. Can a certificate for driving be renewed.

JR/njw