New Mexico Register / Volume XXIX, Issue
20 / October 30, 2018
This is an amendment to 18.19.5 NMAC,
Sections 15, 16 and 17, effective 10/30/2018.
18.19.5.15 - PROOF OF [IDENTIFICATION
NUMBER,] IDENTITY, AND AGE FOR A DRIVING AUTHORIZATION CARD OR
IDENTIFICATION CARD THAT IS NOT ACCEPTABLE FOR FEDERAL PURPOSES:
A. Applicants
for a New Mexico driving authorization card or identification card that is not
acceptable for federal purposes must provide documentary proof of their [identification
number] identity, age and residency.
B. An
applicant who cannot establish lawful status and who does not hold a current,
valid New Mexico driver’s license or identification card must also submit
fingerprints for a background check, as provided in 19.18.5.17 NMAC.
C. [An applicant who chooses to
provide a social security number must present his or her social security
administration (SSA) account number card.
If a SSA account card is not available, the person shall present one the
following documents, provided that the document bears the applicant’s social
security number:
(1) a W-2 form;
(2) a SSA-1099
form;
(3) a
non-SSA-1099 form; or
(4) a pay stub
with the applicant’s name and social security number on it.
D. Applicants can use the following
documents to provide documentary proof of their identification number or
documentary proof of their identity, but one document cannot be used for proof
of both their identification number and identity:
(1) a passport
or passport card from the applicant’s country of citizenship if verified through systematic alien
verification for entitlements system (SAVE);
(2) a certified
copy of a birth certificate filed with a state office of vital statistics or
equivalent agency in the individual's place of birth;
(3) a consular
report of birth abroad issued by the U.S. department of state, form FS-240,
DS-1350 or FS-545;
(4) an unexpired employment authorization
document issued by the U.S. department of homeland security, form I-766 or form
I-688B, verified by SAVE;
(5) an identification card issued by the
consulate of Mexico in El Paso, Texas, or Albuquerque, New Mexico, or such
other foreign consulate with which the New Mexico motor vehicle division has
established a reliable method of verifying the authenticity of the
identification card;
(6) an
individual tax identification number;
(7) a certified
letter of enrollment issued by a federally recognized Indian nation, tribe or
pueblo;
(8) a valid
identification card issued by a federally recognized Indian nation, tribe or
pueblo;
(9) certified copy of foreign birth
certificate issued by the applicant’s place or birth, provided that if the
document is not in English, a certified copy of the foreign birth with a
notarized English translation;
(10) affidavit of
Indian birth;
(11) a state issued
driver's license, a driver’s license issued by a territory of the United
States, or by jurisdiction of Canada, as long as it has a photograph and has
not been expired more than one year;
(12) a state
government-issued photo identification card, or a photo identification card
issued by a territory of the United States, or by a jurisdiction of Canada, as
long as it has a photograph and has not been expired more than one year;
(13) a state government-issued photo
learner’s permit, or a photo learner’s permit issued by a territory of the
United States, or by a jurisdiction of Canada, as long as it has a photograph
and has not been expired more than one year;
(14) an American
Indian or Alaskan proof of Indian blood, certificate of degree of Indian blood,
federal Indian census card or tribal membership card;
(15) a photo
identification card issued by the United States military, United States coast
guard or New Mexico national guard;
(16) an identification document issued by
the United States veterans administration, so long as it is accompanied by a
United States veterans administration medical center identification card;
(17) a valid United
States active duty/retiree/reservist military identification card (DOD ID
DD-2);
(18) a United
States, state, or local government-issued photo ID, issued based on name, social
security number and date of birth;
(19) N560 certificate of citizenship if
verified in SAVE;
(20) N550 certificate of naturalization if
verified in SAVE;
(21) a valid
permanent resident card issued by the United States government if verified in SAVE;
(22) a valid I-551
resident alien card issued since 1997 if verified in SAVE; or
(23) a valid New
Mexico license or identification card;
(24) a court
order for name change, gender change, adoption or divorce, as long as it
includes the legal name, date of birth and court seal;
(25) a New Mexico correction department photo identification
card, or a photo identification card issued by the federal bureau of prisons,
that includes the name, date of birth and documentation that the card has not
expired within the past year;
(26) a social
security card;
(27) a medical
insurance card or documentation of medical insurance coverage of eligibility
that contains an identification number;
(28) military
discharge/separation papers (DD 214);
(29) selective
service card.] Applicants can use one
of the following documents if it contains the applicant’s name and date
of birth, to provide documentary proof of their identity and age.
If the
document does not contain the applicant’s name and date of birth, two of the
following documents will be required:
(1) an original or certified copy of a birth certificate filed
with a state office of vital statistics or equivalent agency in the
individual's place of birth;
(2) a consular report of birth abroad issued by the U.S.
department of state, form FS-240, DS-1350 or FS-545;
(3) an
unexpired employment authorization document issued by the U.S. department of
homeland security, form I-766 or form I-688B, verified by SAVE;
(4) an
identification card issued by the consulate of Mexico in El Paso, Texas, or
Albuquerque, New Mexico, or such other foreign consulate;
(5) a certified letter of enrollment issued by a federally
recognized Indian nation, tribe or pueblo;
(6) a valid identification card issued by a federally recognized
Indian nation, tribe or pueblo;
(7) certified
copy of foreign birth certificate issued by the applicant’s place or birth,
provided that if the document is not in English, a certified copy of the
foreign birth with a notarized English translation;
(8) affidavit of Indian birth;
(9) a state issued driver's license, a driver’s license issued
by a territory of the United States, or by jurisdiction of Canada, as long as
it has a photograph and has not been expired more than one year;
(10) a state government-issued photo identification card, or a
photo identification card issued by a territory of the United States, or by a
jurisdiction of Canada, as long as it has a photograph and has not been expired
more than one year;
(11) a
state government-issued photo learner’s permit, or a photo learner’s permit
issued by a territory of the United States, or by a jurisdiction of Canada, as
long as it has a photograph and has not been expired more than one year;
(12) an American Indian or Alaskan proof of Indian blood,
certificate of degree of Indian blood, federal Indian census card or tribal
membership card;
(13) a photo identification card issued by the United States
military, United States coast guard or New Mexico national guard;
(14) an
identification document issued by the United States veterans administration, so
long as it is accompanied by a United States veterans administration medical
center identification card;
(15) a valid United States active duty/retiree/reservist military
identification card (DOD ID DD-2);
(16) a United States, state, or local government-issued photo ID,
issued based on name, social security number and date of birth;
(17) N560
certificate of citizenship if verified in SAVE;
(18) N550
certificate of naturalization if verified in SAVE;
(19) a valid permanent resident card issued by the United States
government if verified in SAVE;
(20) a valid I-551 resident alien card issued since 1997 if
verified in SAVE;
(21) a valid New Mexico license or identification card;
(22) a court order for name change, gender change, adoption or
divorce, as long as it includes the legal name, date of birth and court seal;
(23) a
New Mexico correction department photo identification card, or a photo
identification card issued by the federal bureau of prisons, that includes the
name, date of birth and documentation that the card has not expired within the
past year;
(24) a social security card;
(25) military
discharge/separation papers (DD 214);
(26) selective service card;
(27) an I-94 form presented without a passport if it contains the
applicant’s photo;
(28) a military dependent identification card that includes the
applicant’s photo;
(29) a medical insurance card or documentation of medical
insurance coverage or eligibility containing an insurance identification number
including a Medicaid or Medicare card;
(30) a passport or passport card from the applicant’s country of
citizenship;
(31) a passport or passport card from the United States if
verified through systematic alien verification for entitlements system (SAVE);
(32) individual tax identification number (ITIN);
(33) a medical record less than one year old that is not from a
visit to an emergency room or urgent care facility;
(34) proof of eligibility for and receipt of welfare benefits,
including general assistance, temporary assistance for needy families and the
supplemental nutrition assistance program with a copy of the human services
department eligibility profile page dated with the last year.
[18.19.5.15 NMAC - N, 11/15/2016; A/E, 6/26/2018; A, 10/30/2018]
18.19.5.16 - PROOF OF NEW MEXICO RESIDENCY:
A. All
applicants for a REAL ID Act of 2005 compliant New Mexico identification card,
driving permit, provisional driver’s license, or driver's license, other than a
commercial driver's license, and all applicants for a driving authorization
card or identification card not acceptable for federal purposes must provide documentary
evidence demonstrating New Mexico residency.
B. Applicants
must provide two of the following documents, showing the applicant’s name or
the name of applicant’s spouse in combination with a certificate of marriage
and a New Mexico residential address for the applicant, as proof that the
applicant lives in New Mexico.
(1) a current real property rental agreement or purchase
agreement;
(2) a
utility bill dated within 60 days, such as water, gas, electric, waste,
telephone, cable or satellite bill, but not a bill for a cell phone;
(3) an insurance bill, card or binder, dated within the past 6
months;
(4) a bank or credit card statement dated within 60 days;
(5) an employment pay stub that contains the applicant’s name
and address, dated within 60 days;
(6) a current, local property tax statement or mortgage
documents;
(7) a document from an education institution, such as a
transcript, report card or enrollment confirmation, provided it is dated within
60 days;
(8) original documents from a city, county, state, tribal or
federal government organization attesting to the fact that the applicant is a
New Mexico resident;
(9) a
New Mexico medical assistance card with address on card, letter from issuing
agency that came with card showing name and address, or profile printout from
issuing agency;
(10) a
New Mexico public assistance card with address on card, letter from issuing
agency that came with card showing name and address, or profile printout from
issuing agency;
(11) documents
indicating membership in a New Mexico religious organization, provided that the
applicant is less than 18 years of age; or
(12) documents indicating membership in a New Mexico sports
organization, provided that the applicant is less than 18 years of age;
(13) [if
the applicant is less than 18 years of age, an affidavit from the applicant’s
parent or guardian stating that the applicant lives with that person, as long
as the affidavit is accompanied by the parent/guardian’s New Mexico driver’s
license, the parent/guardian’s New Mexico identification card, or two proofs of
New Mexico residency of the parent/guardian.] a New Mexico medical or
public assistance card, profile printout or a letter from the issuing agency;
(14) if
the applicant is less than 18 years of age, an affidavit from the applicant’s
parent or guardian stating that the applicant lives with that person, as long
as the affidavit is accompanied by the parent/guardian’s New Mexico driver’s
license, the parent/guardian’s New Mexico identification card, or two proofs of
New Mexico residency of the parent/guardian; and
(15) a document evidencing eligibility and proof that the
applicant is currently receiving services from a non-profit organization
qualified pursuant to Section 501(c)(3) of the Federal Internal Revenue Code of
1986 provided the document displays the applicant’s address.
C. Applicants
for an identification card not acceptable for federal purposes who are homeless
or in temporary lodging and unable to provide two of the documents identified
in Subsection B of 18.19.5.16 NMAC may provide an affidavit or a notarized
letter from [in the manner required by the department from] a
representative of a New Mexico governmental entity, not-for-profit
organization, assisted care facility/home, adult assisted living facility/home,
homeless shelter, transitional service provider, or group/half way house
attesting to the address where the applicant resides or receives services in lieu of the documents required in
Subsection B of 18.19.5.16 NMAC.
[18.19.5.16 NMAC - N, 11/15/2016; A/E, 6/26/2018; A, 10/30/2018]
18.19.5.17 -
FINGERPRINTS AND CRIMINAL HISTORY SCREENING:
A. Authority; use of criminal history information: The taxation
and revenue department (TRD) is authorized to obtain the criminal history
records of applicants for driving authorization cards and TRD is authorized to
obtain criminal history records of applicants for identification cards that are
not acceptable for federal agencies for federal purposes, provided that the
applicant does not possess a valid New Mexico license or identification card
and that the applicant does not provide proof of lawful status.
B. Procedure
for applicants:
(1) If
an applicant otherwise meets the application and eligibility requirements, then
TRD shall take a full-face or front-view photograph and fingerprints of the
applicant and shall submit the same to the New Mexico department of public
safety (DPS) for the purpose of obtaining a current criminal history screening
through the national crime information center as well as a criminal history
screening through the records of DPS.
(2) An
applicant shall provide to TRD a criminal background screening request,
fingerprints, and supporting documentation including an authorization for
release of information to TRD in accordance with the procedures of DPS.
(3) DPS
will review state records and also transmit the fingerprints to the federal
bureau of investigation for a national screening. The results of the screening will be
transmitted to TRD for review.
(4) Applicants and
licensees shall bear any costs associated with ordering or conducting criminal
history screening. Fees are determined
by and payable to [TRD. TRD shall
timely submit the fees to DPS.] DPS or designee of DPS. Fees cannot be waived by TRD.
(5) TRD
shall comply with applicable confidentiality requirements of the DPS and the
federal bureau of investigation regarding the handling and dissemination of
criminal history information.
C. TRD
review of criminal history information:
(1) TRD
shall review the results and shall not issue a driving authorization card if
the results show that the applicant has an outstanding criminal arrest warrant
for a felony or a misdemeanor charge in any state or country or if the results
show that the applicant’s fingerprints are associated with any name, date of
birth or social security number other than those provided when the person
applied for the driving authorization card.
(2) TRD
shall notify the person if the application is denied, including the reason for
the denial, and the person’s right to a hearing.
(3) TRD
shall destroy the results of the screening after it has completed its review
and issued the driving authorization card, or one year from the date of the
denial, whichever occurs sooner.
D. Evidence
of eligibility: A person whose
application for a driving authorization has been denied shall become eligible
upon submitting evidence that the basis for ineligibility was resolved. Such evidence may include:
(1) documents that demonstrate that the criminal arrest warrant
was quashed, withdrawn, or resolved;
(2) documents that demonstrate that there is not a conflict with
the name, date of birth or social security number; or
(3) other documents as approved by the director of the motor
vehicle division.
[18.19.5.17 NMAC - N, 11/15/2016; A/E, 6/26/2018; A, 10/30/2018]