HOUSE BILL 476

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Stephanie Garcia Richard

AN ACT

RELATING TO IDENTIFICATION CARDS; SPECIFYING DOCUMENTS TO BE ACCEPTED BY THE TAXATION AND REVENUE DEPARTMENT FOR THE ISSUANCE OF CERTAIN IDENTIFICATION CARDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 66-5-401 NMSA 1978 (being Laws 1978, Chapter 35, Section 328, as amended) is amended to read:

     "66-5-401. IDENTIFICATION CARDS--APPLICATION.--

          A. A person who does not have a valid New Mexico driver's license or driving authorization card may be issued an identification card by the department. An application for an identification card or renewal of an identification card shall be made upon a form furnished by the department. An application for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall contain the applicant's full legal name; date of birth; sex; and current New Mexico residence address and shall briefly describe the applicant. An application for an identification card not intended to be accepted by federal agencies for official federal purposes shall contain the applicant's full legal name; date of birth; and sex and shall briefly describe the applicant. The secretary shall establish by rule documents that may be accepted as evidence of the residency of the applicant. The department shall establish two distinct identification cards as provided in Section 66-5-405 NMSA 1978: an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes and an identification card not intended to be accepted by federal agencies for official federal purposes. A person applying for or renewing an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall provide documentation required by the federal government of the applicant's identity, date of birth, social security number, if applicable, address of current residence and lawful status. The department shall verify the applicant's lawful status and social security number, if applicable, through a method approved by the federal government. Pursuant to the federal REAL ID Act of 2005, the secretary shall establish a written, defined exception process to allow a person to demonstrate the person's identity, age and lawful status. The process shall allow a person to use a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo to demonstrate the person's identity or age or to demonstrate the person's lawful status, if applicable. A person with lawful status may apply for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes or an identification card not intended to be accepted by federal agencies for official federal purposes. Every application for an identification card shall be signed by the applicant or the applicant's parent or guardian. The secretary may, for good cause, revoke or deny the issuance of an identification card.

          B. An application by a foreign national with lawful status for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall contain the unique identifying number and expiration date, if applicable, of the foreign national's valid passport, valid visa, employment authorization card issued under the applicant's approved deferred action status or other arrival-departure record or document issued by the federal government that conveys lawful status. The department may issue to an eligible foreign national applicant an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes that is valid for a period not to exceed the duration of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the identification card shall expire one year after the effective date of the identification card.

          C. The department shall issue an identification card not intended to be accepted by federal agencies for official federal purposes to an applicant who is otherwise eligible but who does not provide proof of lawful status and who affirmatively acknowledges that the applicant understands that an identification card not intended to be accepted by federal agencies for official federal purposes is not valid for federal purposes. An applicant who does not provide proof of lawful status shall only apply for an identification card not intended to be accepted by federal agencies for official federal purposes.

          D. For an application for an identification card not intended to be accepted by federal agencies for official federal purposes, the secretary shall accept as proof of the applicant's identity and age:

                (1) a social security number or an individual tax identification number;

                (2) a passport from the applicant's country of citizenship or an identification card, issued by the consulate of Mexico in Albuquerque, New Mexico, the consulate general of Mexico in El Paso, Texas, or such other foreign consulate with which the department has established a reliable method of verifying the authenticity of the identification card;

                (3) a valid New Mexico license or identification card;

                (4) a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo; or

                (5) a document that the secretary has authorized.

          E. For an application for an identification card not intended to be accepted by federal agencies for official federal purposes for an applicant who does not provide a document as provided for in Subsection D of this section, the secretary shall accept as proof of the applicant's identity and age any two of the following documents containing the applicant's name and date of birth or name and identity number:

                (1) a driver's license, identification card or learner's permit issued by a state or territory of the United States other than New Mexico or by a jurisdiction of Canada, as long as it has a photograph and has not been expired more than one year;

                (2) an original or certified copy of a birth certificate issued in a state or territory of the United States;

                (3) a certified copy of a foreign birth certificate with a notarized English translation if not in English;

                (4) an affidavit of American Indian birth;

                (5) an I-94 form issued by the United States customs and border protection, presented without a passport if the form contains the applicant's photo;

                (6) an American Indian or Alaska Native proof of Indian blood, certificate of degree of Indian blood or federal Indian census card, or physical address certification letter from an Indian pueblo's governor's office or planning department;

                (7) a certificate of naturalization (form N550 issued by the United States citizenship and immigration services);

                (8) a certificate of citizenship (form N560 issued by the United States citizenship and immigration services);

                (9) a resident alien card (form I-551 issued by the United States citizenship and immigration services) if that card contains a photograph of the applicant;

                (10) an alien registration card (forms AR-3, AR-3a or AR-103 issued by the United States citizenship and immigration services) if that card contains a photograph of the applicant;

                (11) a permanent resident card issued by the United States government;

                (12) a consular report of birth outside the United States (forms FS-240, DS-1350 or FS-545 issued by the United States department of state);

                (13) an identification card issued by a United States uniformed service or the national guard of New Mexico if that card contains a photograph of the applicant;

                (14) a card issued by the United States department of veterans affairs containing a photograph of the applicant if that card is accompanied by a United States veterans health administration identification card;

                (15) a medical insurance card or documentation of medical insurance coverage or eligibility containing an insurance identification number, including a medicaid or medicare card;

                (16) a dependent's identification card issued by a United States uniformed service if that card contains a photograph of the applicant;

                (17) an identification card issued by a federal, state or local governmental agency other than a valid New Mexico identification card if that card contains a photograph of the applicant;

                (18) an identification card issued by the consulate of Mexico in Albuquerque, New Mexico, the consulate general of Mexico in El Paso, Texas, or such other foreign consulate with which the department can reliably verify the card's authenticity;

                (19) an identification card issued by the corrections department if that card contains the applicant's name, date of birth and a photograph of the applicant and if that card has not expired within the previous year;

                (20) an infant baptismal certificate;

                (21) a social security card issued by the United States social security administration;

                (22) a transcript, certificate or diploma from a high school, trade school, college or university or a high school equivalency credential;

                (23) a United States armed forces discharge document (form DD 214 issued by the United States department of defense);

                (24) a United States selective service system registration card;

                (25) a document evidencing eligibility for or receipt of welfare benefits, including general assistance, temporary assistance for needy families and the supplemental nutrition assistance program;

                (26) a medical record less than one year old that is not from a visit to an emergency room or urgent care facility;

                (27) a document from a federal, state or local correctional facility;

                (28) a benefits award letter from the United States social security administration containing the applicant's social security number;

                (29) a document from a federal, state or local court, including a letter issued by a probation or parole officer;

                (30) an employment authorization document issued by the United States department of homeland security (form I-766 or form I-688B verified through the federal systematic alien verification for entitlements program);

                (31) a document showing an individual taxpayer identification number;

                (32) a court order for name change, sex change, adoption or divorce if the order includes the applicant's legal name, date of birth and a court seal;

                (33) a federal wage and statement form (a W-2 form issued by the United States internal revenue service);

                (34) a statement of benefits (form SSA-1099 issued by the United States social security administration);

                (35) a pay stub that displays the applicant's name and social security number;

                (36) a receipt issued by the United States social security administration when an applicant applies for a social security card; and

                (37) a document that the secretary has authorized.

          F. If an applicant provides two documents as provided for in Subsection E of this section but neither document contains the applicant's social security number, the department, if requested by the applicant, shall attempt to electronically validate the applicant's social security number with the United States social security administration.

          G. For an application for an identification card not intended to be accepted by federal agencies for official federal purposes for an applicant who does not provide a document as provided for in Subsection D of this section, the secretary shall accept as proof of the applicant's residence in New Mexico one of the following documents:

                (1) a real property rental agreement or purchase agreement;

                (2) a current local property tax statement or mortgage document;

                (3) a utility bill, including an electric, solid waste, water, cable, satellite or telephone bill, but not including a cellular telephone bill;

                (4) an insurance bill or other document verifying current insurance coverage, including motor vehicle, property or health insurance;

                (5) a document from a federally regulated financial institution, including a bank account statement but not including a bank check;

                (6) an employment pay stub showing the applicant's name and address;

                (7) a document evidencing a minor child's enrollment in a New Mexico public, private or tribal school;

                (8) a current, valid motor vehicle registration issued by the department;

                (9) an affidavit attesting to the address where the applicant resides or receives services, in the manner required by the department, from a representative of:

                     (a) a New Mexico governmental entity;

                     (b) a nonprofit organization;

                     (c) an assisted care facility;

                     (d) an adult assisted-living facility;

                     (e) a homeless shelter;

                     (f) a transitional service provider; or

                     (g) a group or halfway house;

                (10) an identification card issued by the consulate of Mexico in Albuquerque, New Mexico, and the consulate general of Mexico in El Paso, Texas, or such other foreign consulate with which the department can reliably verify the card's authenticity;

                (11) a document evidencing eligibility and proof that the applicant is currently receiving services from a nonprofit organization qualified pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986;

                (12) a New Mexico medical or public assistance card, a letter that came with the card from the issuing agency or a profile printout from the issuing agency;

                (13) a bank or credit card statement;

                (14) a document from an educational institution;

                (15) a document evidencing membership in a New Mexico religious or sports organization if the applicant is under eighteen years of age;

                (16) an affidavit of residency (form 10021 issued by the department) if the applicant is under eighteen years of age; and

                (17) a document that the secretary has authorized.

          [D.] H. The secretary may adopt rules providing for the proration of fees due to shortened validity periods authorized pursuant to the provision of this section.

          [E.] I. Within the forms prescribed by the department for identification card applications, a space shall be provided to show whether the applicant is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act. A person applying for an identification card may indicate that person's status on the space provided on the application. The donor status indicated by the applicant shall be displayed on the identification card. The form and identification card shall be signed by the donor in the presence of a witness who shall also sign the form in the donor's presence."

- 13 -