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committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

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

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DATE TYPED 03/02/05 HB

SHORT TITLE Proof of Citizenship for Driver’s License

SB 821

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal—

See Narrative

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Conflicts with HB 537

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General (AGO)

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

Senate Bill 821 restricts the issuance of driver’s licenses, instruction permits, and provisional

licenses to U.S. citizens or legal residents. The bill requires applicants for a license to provide

documentation showing their citizenship or legal residency.

Significant Issues

Under current law, a person is eligible for a driver’s license regardless of immigration status. In

recent years the debate over driver’s licenses has become increasingly prominent at the federal

level and in many state legislatures across the country. Proponents of restrictions on licenses

point to homeland security concerns and raise the possibility of illegal immigrants obtaining

driver’s licenses in order to perpetrate criminal acts. Opponents of such measures point to an-

other set of security concerns, arguing that unlicensed drivers pose a public safety threat to other

drivers and pedestrians and noting the importance that law enforcement be able to identify indi-

Senate Bill 821 -- Page 2

viduals during the course of their work.

On February 10, 2005 the U.S. House of Representatives passed H.R. 418, which, among other

provisions, would require states to verify that licenses are issued only to U.S. citizens or legal

residents. If a state failed to do this, federal officers would not be allowed to accept the driver’s

license of that state as proof of identification for such purposes as boarding an airplane or enter-

ing a public building. The measure is currently pending in the U.S. Senate.

FISCAL IMPLICATIONS

The MVD would face minor costs to update its system for issuing licenses and permits.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Senate Bill 821 conflicts with House Bill 537, which would also restrict issuance of driver’s li-

censes to citizens and legal residents. House Bill 537 would also establish a new form of

driver’s certificate that would allow a person to drive but would not be acceptable as a form of

identification.

EF/yr:lg