HOUSE BILL 144
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Paul C. Bandy
AN ACT
RELATING TO IDENTIFICATION; PROVIDING FOR THE TAXATION AND REVENUE DEPARTMENT TO ISSUE A "REAL ID" CARD THAT MEETS THE REQUIREMENTS OF THE FEDERAL REAL ID ACT OF 2005 AND THAT IS DISTINCT FROM THE USUAL STATE DRIVER'S LICENSE AND IDENTIFICATION CARD; PROVIDING FOR FEES; IMPOSING PENALTIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 66, Article 5 NMSA 1978 is enacted to read:
"[NEW MATERIAL] REAL ID CARDS--PERSONS ELIGIBLE--APPLICATION--CONTENTS--DURATION--RENEWAL--DUPLICATES--FEES--PENALTIES.--
A. The department shall issue a real id card only to a person who is a New Mexico resident and who provides sufficient evidence as required by the federal Real ID Act of 2005 to establish documentary evidence of the age, identity and residency of the person. The department shall establish a unique color and design for a real id card that denotes it as meeting the requirements of the federal Real ID Act of 2005 to be accepted by federal agencies for official federal purposes and that distinguishes it from a driver's license and an identification card that is not intended to be accepted by federal agencies for official federal purposes.
B. An application for a real id card shall be made upon a form furnished by the department. An application shall contain the applicant's full legal name; social security number, except for applicants ineligible for a social security number; date of birth; sex; and New Mexico physical address. Additionally, an application by a foreign national shall contain the unique identifying number of the foreign national's valid passport, valid visa or other arrival-departure record or document issued by the federal government and the expiration date of the foreign national's authorized period of admission or extension of stay, as demonstrated on the foreign national's valid passport, valid visa or other arrival-departure record or document issued by the federal government. The applicant or the applicant's parent or guardian shall certify to the department as to the applicant's true full legal name, correct age and identifying data and the authenticity of documentary evidence submitted pursuant to department requirements. Every application for a real id 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 a real id card.
C. Within the forms prescribed by the department for real id 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 a real id 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 real id card. The form and real id card shall be signed by the donor in the presence of a witness who shall also sign the form in the donor's presence.
D. A real id card shall bear the full legal name, date of birth, sex, current New Mexico physical address, a full-face or front-view digital photograph of the real id card holder, a unique real id card number, a date of issuance, an expiration date, a brief description of the real id card holder and the signature of the holder, and the real id card shall indicate donor status. The real id card shall indicate United States citizenship or immigration status of the real id card holder. All real id cards of persons under the age of twenty-one years shall have a printed legend indicating that the person is under twenty-one. A real id card shall bear the following statement:
"STATE OF NEW MEXICO
REAL ID CARD NO.____________________
This card is provided for the purpose of establishing that the bearer described on the card provided sufficient evidence as required by the federal Real ID Act of 2005 to establish documentary evidence of the age, identity and residency of the bearer. This real id card is not a license. ISSUED FOR OFFICIAL FEDERAL IDENTIFICATION PURPOSES".
E. Except as provided in Subsection F of this section, a real id card shall be issued for a period not to exceed:
(1) four years and shall expire on the last day of the month of the identified person's birth in the fourth year after the effective date of the real id card; or
(2) eight years; provided that the applicant pays the amount required for a real id card issued for a term of eight years, and shall expire on the last day of the month of the applicant's birth in the eighth year after the effective date of the real id card.
F. The department may issue to an eligible foreign national applicant a real id card that is valid only for the duration of the foreign national's authorized period of admission or extension of stay and that shall state that it is term limited. A real id card issued to a foreign national shall expire on the earlier of:
(1) the last day of the month of the applicant's birth in the fourth year after the effective date of the real id card or in the eighth year after the effective date of the real id card if the applicant opted for a period of eight years pursuant to Paragraph (2) of Subsection E of this section; or
(2) the date of the foreign national's termination of authorized period of admission or extension of stay as demonstrated on the foreign national's valid passport, valid visa or arrival-departure record or other document issued by the federal government; provided that if that date cannot be determined by the department, the real id card shall expire one year after the effective date of the real id card.
G. A real id card may be renewed within ninety days prior to its expiration or at an earlier date approved by the department.
H. Whenever a person, after applying for or receiving a real id card, moves from the address named in the application or in the issued real id card or when the name of a real id card holder is changed by marriage or otherwise, the person shall, within ten days, notify the department of the new address in writing or by electronic media pursuant to department rules. In the event of a change of name or address, a real id card holder shall deliver the real id card to the department and the change of name or address shall be accomplished on the real id card itself. The department may require evidence that the department deems sufficient as documentary evidence of the change of name or address of the real id card holder.
I. In the event a real id card issued pursuant to this section is lost, stolen, destroyed or mutilated or a name or address is changed, the person to whom the real id card was issued may obtain a replacement upon furnishing satisfactory proof of age, identity and residency to the department and paying the required fee. A person who loses a real id card and who, after obtaining a replacement, finds the original card shall immediately surrender the original card to the department. The same documentary evidence shall be furnished for a replacement as for an original real id card.
J. No public entity shall be liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in a real id card issued by the department.
K. No person shall be held responsible in a court of law for any act or failure to act that is directly attributable to the person's reliance upon the information contained in a real id card issued pursuant to this section; provided that the person made a reasonable attempt to ascertain that the information is correct, has not been altered and the card belongs to the person presenting it.
L. Upon application for a real id card with a four-year term, there shall be paid to the department a fee of fifteen dollars ($15.00). Upon application for a real id card with an eight-year term, there shall be paid to the department a fee of thirty dollars ($30.00). The department with the approval of the governor may increase the amount of the real id card fee by an amount not to exceed five dollars ($5.00); provided that for a real id card issued for an eight-year period, the amount of the fee shall be twice the amount charged for a four-year term real id card. The fees and additional amounts collected pursuant to this subsection are appropriated to the department to defray the expense of making and issuing a real id card that meets federal requirements to be accepted by federal agencies for official federal purposes. Unexpended or unencumbered balances remaining from fees collected pursuant to the provisions of this subsection at the end of any fiscal year shall not revert to the general fund but shall be expended by the department in fiscal year 2014 and subsequent fiscal years.
M. It is a felony for a person to:
(1) use or possess an altered, forged or fictitious real id card;
(2) alter or forge a real id card or make a fictitious real id card;
(3) receive or obtain a real id card and then lend or transfer that real id card to any other person not lawfully entitled to issuance of that real id card or to knowingly permit the use of the person's real id card by another;
(4) display or represent as one's own a real id card not issued to the person;
(5) use a false or fictitious name in any application for a real id card or knowingly make a false statement, conceal a material fact, submit fraudulent documents or otherwise commit a fraud in an application for a real id card;
(6) make or permit any unlawful use of the identification card issued to the person; or
(7) induce or solicit another person, or
conspire with another person, to commit an action identified in Paragraphs (1) through (6) of this subsection.
N. A person convicted of violating Subsection M of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
O. As used in this section, "real id card" means an identification card issued by the department that:
(1) is separate and distinct from a driver's license or an identification card issued pursuant to Section 66-5-401 or 66-5-404 NMSA 1978; and
(2) meets the requirements of the federal Real ID Act of 2005 to be accepted by federal agencies to board an airplane, enter a federal courthouse or other official federal purposes."
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