HOUSE BILL 23
50th legislature - STATE OF NEW MEXICO - first special session, 2011
INTRODUCED BY
Ray Begaye
AN ACT
RELATING TO DRIVER'S LICENSES; ENABLING A TRIBE THAT ENTERS INTO A JOINT POWERS AGREEMENT WITH THE STATE REGARDING THE ISSUANCE OR REVOCATION OF DRIVER'S LICENSES TO FOREIGN NATIONALS TO GET A WAIVER FROM THE STATE'S CRITERIA FOR THE ISSUANCE OR REVOCATION OF DRIVER'S LICENSES AND TO ESTABLISH THE TRIBE'S CRITERIA FOR ISSUANCE OR REVOCATION OF DRIVER'S LICENSES; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. WAIVER OF STATE'S CRITERIA FOR ISSUANCE OR REVOCATION OF DRIVER'S LICENSES TO CERTAIN FOREIGN NATIONALS--ESTABLISHMENT OF TRIBE'S CRITERIA FOR ISSUANCE OR REVOCATION OF DRIVER'S LICENSES TO CERTAIN FOREIGN NATIONALS.--
A. The secretary of taxation and revenue or any employee of the taxation and revenue department exercising authority lawfully delegated to that employee by the secretary of taxation and revenue shall waive the requirements set forth in the Motor Vehicle Code and, by rule of the department upon request by a tribe, shall establish and enforce the tribe's own requirements for the issuance or revocation of a driver's license to a foreign national who:
(1) resides on the reservation or pueblo grant of the tribe, as determined by the tribe;
(2) is married to and lives with an enrolled tribal member, as determined by the tribe; or
(3) is the parent of a child who is an enrolled tribal member and who lives with that child.
B. As used in this section, "tribe" means a federally recognized Indian nation, tribe or pueblo that is located wholly or partially in New Mexico and that has entered into a joint powers agreement with the state pursuant to the Joint Powers Agreement Act regarding the issuance of driver's licenses to foreign nationals.
SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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