HOUSE BILL 94
52nd legislature - STATE OF NEW MEXICO - second session, 2016
Stephanie Garcia Richard and Paul C. Bandy
RELATING TO COMPLIANCE WITH THE FEDERAL REAL ID ACT OF 2005; 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 DISTINGUISHABLE FROM A DRIVER'S LICENSE AND AN IDENTIFICATION CARD; MARKING DRIVER'S LICENSES AND IDENTIFICATION CARDS TO DENOTE NONCOMPLIANCE WITH THE FEDERAL REAL ID ACT OF 2005; PROVIDING FOR FEES; IMPOSING PENALTIES; DECLARING AN EMERGENCY.
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--RENEWAL--DURATION--CONTENTS--DUPLICATES--FEES-- PENALTIES.--
A. The department may issue a REAL ID card only to a person who is a New Mexico resident and who has lawful status.
B. An application for a REAL ID card or a renewal of 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 an applicant ineligible for a social security number; date of birth; sex; and current New Mexico residence address and shall briefly describe the applicant. The secretary shall establish by regulation documents that may be accepted as evidence of the residency of the applicant. A person applying for or renewing a REAL ID card 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. 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. An application by a foreign national for a REAL ID card or renewal of a REAL ID card 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 a REAL ID card that is valid only for 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 REAL ID card shall expire one year after the effective date of the REAL ID card.
D. Except as provided in Subsections E through G of this section, every REAL ID card shall be issued for a period not to exceed 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.
E. A REAL ID card may be renewed within ninety days prior to its expiration or at an earlier date approved by the department. A REAL ID card may be renewed by mail or telephonic or electronic means pursuant to regulations adopted by the department, except the department shall not renew by mail or telephonic or electronic means a REAL ID card if prohibited by state or federal law or regulation. The regulations shall ensure adequate security measures to safeguard personal information that is obtained in the issuance of a REAL ID card.
F. At the option of the applicant for a REAL ID card, a card may be issued for a period of eight years; provided that the applicant pays the amount required for a REAL ID card issued for a term of eight years. A REAL ID card issued pursuant to the provisions of this subsection 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. The REAL ID card may be renewed within ninety days prior to its expiration.
G. 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 Subsection F of this section; or
(2) the expiration date 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 REAL ID card shall expire one year after the effective date of the REAL ID card.
H. All REAL ID cards shall bear the full legal name, date of birth, sex, current New Mexico residence 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. 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.
I. A REAL ID card issued to a foreign national who fails to prove that the foreign national's lawful status will not expire prior to the date on which the REAL ID card applied for would expire but for the person being a foreign national shall clearly indicate on its face and in the machine readable zone that it is temporary and shall bear the word "TEMPORARY".
J. In the event a REAL ID card issued pursuant to this section is lost, stolen, destroyed or mutilated or the name or the address of the person to whom the REAL ID card was issued is changed, the person to whom the REAL ID card was issued may obtain a replacement upon furnishing satisfactory proof of the same documentary evidence required to obtain an original REAL ID card. A person who loses a REAL ID card and who, after obtaining a replacement, finds the original REAL ID card shall immediately surrender the original card to the department.
K. 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.
L. 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, the REAL ID card has not been altered and the REAL ID card belongs to the person presenting it.
M. 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, the person shall, within ten days, notify the department of the new address or name in writing or by electronic media pursuant to department rules. In the event of a change of address or name, a REAL ID card holder shall deliver the REAL ID card to the department and the change of name or address shall be reflected 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.
N. The department shall charge a fee for the issuance of a REAL ID card that is identical to the fee charged for a driver's license that is valid for the same period of time.
O. It is a:
(1) misdemeanor for any person to:
(a) use or possess an altered, forged or fictitious REAL ID card;
(b) alter or forge an identification card or make a fictitious REAL ID card;
(c) lend the person's REAL ID card to any other person or to knowingly permit the use of the person's REAL ID card by another;
(d) display or represent as one's own any REAL ID card not issued to the person; or
(e) make or permit any unlawful use of the REAL ID card issued to, or received or obtained by, the person; and
(2) felony for any person to:
(a) knowingly or willfully provide a false or fictitious name or document in any application for a REAL ID card or knowingly make a false statement or conceal a material fact or otherwise commit a fraud in any such application; or
(b) induce or solicit another person, or conspire with another person, to violate this subsection."
SECTION 2. A new section of Chapter 66, Article 5 NMSA 1978 is enacted to read:
"[NEW MATERIAL] NONCOMPLIANT DRIVER'S LICENSES AND IDENTIFICATION CARDS.--Except for REAL ID cards, all driver's licenses and identification cards issued by the state of New Mexico shall bear the statement "NOT FOR FEDERAL PURPOSES"."
SECTION 3. Section 66-1-4.10 NMSA 1978 (being Laws 1990, Chapter 120, Section 11) is amended to read:
"66-1-4.10. DEFINITIONS.--As used in the Motor Vehicle Code:
A. "laned roadway" means a roadway that is divided into two or more clearly marked lanes for vehicular traffic;
B. "law enforcement agency designated by the division" means the law enforcement agency indicated on the dismantler's notification form as the appropriate agency for the receipt of the appropriate copy of that form;
C. "lawful status" means the legal right to be present in the United States, as that phrase is used in the federal REAL ID Act of 2005;
[C.] D. "license", without modification, means any license, [temporary instruction] permit or [temporary license] card issued or recognized under the laws of New Mexico pertaining to the [licensing] authorizing of persons to operate motor vehicles;
[D.] E. "lien" or "encumbrance" means every chattel mortgage, conditional sales contract, lease, purchase lease, sales lease, contract, security interest under the Uniform Commercial Code or other instrument in writing having the effect of a mortgage or lien or encumbrance upon, or intended to hold, the title to any vehicle in the former owner, possessor or grantor; and
[E.] F. "local authorities" means every county, municipality and any local board or body having authority to enact laws relating to traffic under the constitution and laws of this state."
SECTION 4. Section 66-1-4.15 NMSA 1978 (being Laws 1990, Chapter 120, Section 16, as amended) is amended to read:
"66-1-4.15. DEFINITIONS.--As used in the Motor Vehicle Code:
A. "railroad" means a carrier of persons or property upon cars operated upon stationary rails;
B. "railroad sign or signal" means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;
C. "railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails;
D. "REAL ID card" means an identity document issued to a person who has lawful status;
[D.] E. "reconstructed vehicle" means any vehicle assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or which, if originally otherwise assembled or constructed, has been materially altered by the removal of essential parts, new or used;
[E.] F. "recreational travel trailer" means a camping body designed to be drawn by another vehicle;
[F.] G. "recreational vehicle" means a vehicle with a camping body that has its own motive power, is affixed to or is drawn by another vehicle and includes motor homes, travel trailers and truck campers;
[G.] H. "registration" means registration certificates and registration plates issued under the laws of New Mexico pertaining to the registration of vehicles;
[H.] I. "registration number" means the number assigned upon registration by the division to the owner of a vehicle or motor vehicle required to be registered by the Motor Vehicle Code;
[I.] J. "registration plate" means the plate, marker, sticker or tag assigned by the division for the identification of the registered vehicle;
[J.] K. "residence district" means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business;
[K.] L. "revocation" means that the driver's license and privilege to drive a motor vehicle on the public highways are terminated and shall not be renewed or restored, except that an application for a new license may be presented to and acted upon by the division after the expiration of at least one year after date of revocation;
[L.] M. "right of way" means the privilege of the immediate use of the roadway;
[M.] N. "road tractor" means every motor vehicle designed and used primarily for drawing other vehicles and constructed not to carry a significant load on the road tractor, either independently or as any part of the weight of a vehicle or load drawn; and
[N.] O. "roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder; when a highway includes two or more separate roadways, the term "roadway" refers to each roadway separately but not to all of the roadways collectively."
SECTION 5. Section 66-8-1.1 NMSA 1978 (being Laws 2007, Chapter 319, Section 65) is amended to read:
"66-8-1.1. FRAUD [IN OBTAINING DOCUMENTS ISSUED] RELATED TO THE ISSUANCE OF DOCUMENTS BY THE [DIVISION] DEPARTMENT--[PENALTY] PENALTIES.--
A. It is a felony for a [person] department employee or private retail agent or other contractor of the department to:
(1) knowingly issue an identification card, a driver's license, a REAL ID card, a vehicle or vessel registration or a vehicle or vessel title to a person who is not lawfully entitled to issuance of that document;
(2) knowingly accept and use fraudulent documents as a basis for issuing an identification card, a driver's license, a REAL ID card, a vehicle or vessel registration or a vehicle or vessel title;
(3) knowingly alter a record of an identification card, a driver's license, a REAL ID card, a vehicle or vessel registration or a vehicle or vessel title without legal justification; or
(4) solicit or accept, directly or indirectly, anything of value with the intent to influence a decision or action on an identification card, a driver's license, a REAL ID card, a vehicle or vessel registration or a vehicle or vessel title.
B. A person convicted of violating this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
SECTION 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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