New Mexico Register / Volume XXXI, Issue 12 / June 23, 2020
NOTICE
OF HEARING AND PROPOSED RULES
The New
Mexico Taxation and Revenue Department proposes to amend/repeal/replace the
following rules:
Motor
Vehicle Code, Section 66-5-54 NMSA 1978
18.19.5.7 NMAC - Definitions:
Motor
Vehicle Code, Section 66-5-9 NMSA 1978
18.19.5.12
NMAC - Proof of identification number, identity and age for United States
citizen, United States national or permanent resident alien.
18.19.5.14
NMAC - Proof of identification number, identity, age, and lawful status for
lawful United States residents.
18.19.5.15
NMAC - Proof of identity, and age for a driving authorization cared or
identification
card that is not acceptable for federal purposes.
The New
Mexico Taxation and Revenue Department proposes to repeal the following rule:
Motor
Vehicle Code, Section 66-5-9 NMSA 1978
18.19.5.16
NMAC - Proof of New Mexico residency.
Motor
Vehicle Code, Section 66-5-15.2 NMSA 1978
18.19.5.17
NMAC - Fingerprints and Criminal History Screening.
Summary
of Proposed Changes:
The
proposed rules are being amended or repealed to reflect the 2019 legislative
session changes to Section 66-5-9 NMSA 1978, Section 66-5-15.2 NMSA 1978 and
Section 66-5-54 NMSA 1978.
The
proposals were placed on file in the Office of the Secretary on June 8, 2020.
Pursuant to Section 9-11-6.2 NMSA 1978 of the Taxation and Revenue Department
Act, the final of the proposals, if filed, will be filed as required by law on
or about August 25, 2020.
A public
hearing will be held on the proposals on Thursday, July 23, 2020, at 10:00 a.m.
through the internet, email, and telephonic means in response to concerns
surrounding COVID-19 and in accord with Executive Order 2020-004, Declaration of a Public Health Emergency, and
the March 12, 2020 Public Health Emergency Order to Limit Mass Gatherings Due
to COVID-19.
The Public
Hearing will be accessible via WebEx by going to https://nm-tax.webex.com/nm-tax/j.php?MTID=m2a6b2b02e9a3b85d68b3ceeb1fa85f63
or by telephone by dialing 1-415-655-0002 and using the meeting number (access
code) 133 393 3794. Any oral comments
made during this hearing will be recorded and any electronic written comments
can be submitted during the hearing at policy.office@state.nm.us. At the time of the hearing an employee will be
available at the 3rd floor in the Montoya Building, 1100 South St.
Francis Drive, Santa Fe, New Mexico 87504.
Accessible
copies of the proposals are at
www.tax.newmexico.gov/proposed-regulations-hearing-notices.aspx or are available
upon request; contact the Tax Policy Office at policy.office@state.nm.us.
Written
comments on the proposals can by email to policy.office@state.nm.us or by mail
to the Taxation and Revenue Department, Tax Information and Policy Office, Post
Office Box 630, Santa Fe, New Mexico 87504-0630 or on or before July 23,
2020. All written comments received by
the agency will be posted on www.tax.newmexico.gov no more than 3 business days
following receipt to allow for public review.
Individuals
with disabilities who need any form of auxiliary aid to attend or participate
in the public hearing are asked to contact Bobbie Marquez at
BobbieJ.Marquez@state.nm.us. The
Taxation and Revenue Department will make every effort to accommodate all
reasonable requests but cannot guarantee accommodation of a request that is not
received at least ten calendar days prior to the scheduled hearing.
18.19.5.7 DEFINITIONS:
A. As used in regulations under the
provisions of the New Mexico Commercial Driver's License Act:
(1) “commercial driver's license” means
a license issued by a state or other jurisdiction which authorizes the holder
to operate a commercial motor vehicle;
(2) “commercial motor vehicle” means
a motor vehicle of a type used in commerce:
(a) if the vehicle has a gross vehicle
weight rating of 26,001 or more pounds;
(b) if the vehicle is designed to
transport sixteen or more passengers, including the driver; or
(c) if the vehicle is transporting
hazardous materials and is required to be placarded pursuant to applicable law;
(3) “combination vehicle” means a
power or tractor unit with one or more semi-trailers, trailers or semi-trailers
converted to trailers by means of a converter gear;
(4) “disqualified” means a driver
who has had the qualification to drive a commercial motor vehicle removed and
whose New Mexico commercial driver's license is canceled; for purposes of this
definition and Section 66-5-68 NMSA 1978, “canceled” shall mean that the
commercial driver's license is in “revocation” as that term is defined in
Subsection B of Section 66-5-1 NMSA 1978, and the driver is not eligible to
apply for a commercial driver's license until the period of time for which the
driver was disqualified has elapsed; and
(5) “resident means a person who
intends to reside in New Mexico evidenced by registration to vote or other
action acceptable to the motor vehicle division.
B. As used in Subsection C of Section 66-5-6
NMSA 1978, “healing arts practitioner” means a person licensed to practice in
this state medicine, osteopathic medicine, oriental medicine, chiropractic, or
similar medical services for human beings. The term also includes a person licensed to
practice in this state as a certified nurse practitioner, clinical nurse
specialist, physician assistant or osteopathic physician assistant.
C. As used in regulations under the
provisions of the New Mexico Motor Vehicle Code:
(1) “driver’s license” means any
license, permit or driving authorization card issued by a state or other
jurisdiction recognized under the laws of New Mexico pertaining to the
authorizing of persons to operate motor vehicles and including a REAL
ID-compliant driver’s license and a standard driver’s license;
(2) “identification card” means a
document issued by the department or the motor vehicle administration of a
state or other jurisdiction recognized under the laws of New Mexico that
identifies the holder and including a REAL ID-compliant identification card and
a standard identification card;
(3) “license” without modification
means any license, permit or driving authorization card issued by a state or
other jurisdiction under the laws of New Mexico pertaining to authorizing of
persons to operate motor vehicles including a REAL ID-compliant driver’s
license and a standard driver’s license;
(4) “REAL ID-compliant driver’s
license” means a license or a class of license issued by a state or other
jurisdiction pertaining to the authorizing of persons to operate motor vehicles
and that meets federal requirements to be accepted by federal agencies for
official federal purposes;
(5) “REAL ID-compliant identification
card” means an identification card that meets federal requirements to be
accepted by federal agencies for official federal purposes;
(6) “sex” male, female or gender x;
(7) “standard driver’s license” means
a license or a class of license issued by a state or other jurisdiction
recognized by the law of New Mexico that authorizes the holder to operate motor
vehicles and is not guaranteed to be accepted for official federal purposes;
(8) “standard identification card”
means an identification card that is not guaranteed to be accepted for official
federal purposes.
[2/28/1990, 8/20/1993, 10/31/1996;
18.19.5.7 NMAC - Rn & A, 18 NMAC 19.5.7, 9/14/2000; A, 10/31/2007, A, xx/xx/xxxx]
18.19.5.12 [PROOF OF IDENTIFICATION NUMBER, IDENTITY, AND AGE FOR
UNITED STATES CITIZEN, UNITED STATES NATIONAL OR PERMANENT RESIDENT ALIEN] REAL
ID-COMPLIANT DRIVER’S LICENSES AND IDENTIFICATION CARDS FOR UNITED STATES
CITIZENS, UNITED STATES NATIONALS OR PERMANENT RESIDENT ALIENS:
A. A United
States citizen, United States national or permanent resident alien applying for
a REAL ID [Act of 2005] compliant New Mexico driver’s license or identification
card, [driving permit, provisional driver’s license, or driver's license],
other than a commercial driver's license, must provide documentary proof of
their identification number, identity, age, indication of sex, lawful
status and New Mexico residency.
B. Proof of identity and age:
To establish identity and age [and
lawful status] the applicant must present at least one of the following
documents:
(1) a valid, unexpired United States
passport;
(2) a valid, unexpired United States
passport card;
(3) a valid foreign passport with
I-551stamp;
(4) an original or a certified
copy of a birth certificate filed with a state office of vital statistics or
equivalent agency in the individual's place (state) of birth;
(5) a consular report of birth abroad (CRBA)
issued by the U.S. department of state, form FS-240, DS-1350 or FS-545;
(6) a valid, unexpired permanent resident
card (form I-551) issued by the U.S. department of homeland security (DHS) or
immigration and naturalization service (INS);
(7) a certificate of naturalization
issued by DHS, form N-550 or form N-570;
(8) a certificate of citizenship, form
N-560 or form N-561, issued by DHS;
(9) [other documents as DHS may
designate by notice published in the federal register; or] a valid
unexpired employment authorization document (EAD) issued by DHS, form I-766 or
form I-688B, verified through the systematic alien verification for entitlement
system (SAVE);
(10) [other documents as allowed by an
approved DHS exception process.] a foreign passport with unexpired U.S.
visa affixed, accompanied by the approved I-94 form documenting the applicant’s
most recent admittance into the U.S., verified by SAVE;
(11) REAL ID driver’s license or ID card
combined proof of legal presence if legal presence is temporary; or
(12) other documents as allowed by an
approved DHS exception process.
C. Proof of Identification
number; Along with the proof of identity
and age document listed above, an applicant must also 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 social security number (SSN)
card;
[(1)]
(2) a W-2 form;
[(2)]
(3) a social security
administration (SSA)-1099 form;
[(3)]
(4) a non-SSA-1099 form; or
[(4)]
(5) a pay stub with the
applicant’s name and social security number on it.
D. Proof of New Mexico residency: The applicant must present at least two of the
following documents that include the individual’s name and principal residence:
(1) a current real property rental
agreement or a purchase agreement;
(2) a utility bill dates within 60
days of the application and that is not a cellular phone bill;
(3) an insurance bill, card or binder dated
within the past six months of the application;
(4) a bank or credit card statement dated
within 60 days of the application;
(5) an employment pay stub containing
applicant’s name and address, dated within 60 days of the application;
(6) a local property tax statement from
the county assessor’s office of the county where the property is located;
(7) documentation from an educational
institution such as a transcript, report card or enrollment confirmation, dated
within 60 days of the application;
(8) original documentation from a city,
county, state, tribal or federal government organization or community
organization attesting to the applicant’s New Mexico residency;
(9) a New Mexico medical or public
assistance card with address on card, letter from issuing agency that came with
the card, showing name and address, or profile print-out from issuing agency;
(10) documents indicating membership in a
New Mexico religious organization provided applicant is less than 18 years of
age;
(11) documents indicating membership in a
New Mexico sports organization provided applicant is less than 18 years of age;
(12) 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 identification card, or two proofs of
residency of the parent/guardian; or
(13) 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.
E. Indication
of Sex: an applicant must indicate their sex as either male, female or
gender x.
F. Proof of lawful status: An applicant must present one of the documents
listed in Paragraph (1) a valid unexpired US passport, Paragraph (2) a valid
unexpired US passport card, Paragraph (4) an original or a certified copy of
birth certificate filed with a state office of vital statistics or equivalent
agency in the individual’s place (state) of birth, Paragraph (5) a consular
report of birth abroad, Paragraph (6) a valid unexpired permanent resident
card, or Paragraph (7) a certificate of naturalization of Subsection (B) of 18.19.5.12
NMAC.
G.
Exceptions process: A process for persons who, for reasons beyond
their control, are unable to present all necessary documents and must rely on
alternate documents to establish identity or age. Alternative documents to demonstrate lawful
status will only be allowed to demonstrate U.S. citizenship. Circumstances deemed “beyond the person’s
control” include but are not limited to: an event occurred prior to the year
official documents are available from the state or territory; natural disaster
circumstances; customer provides proof from the issuing agency that documents
were destroyed; or non-issuance of official records.
(1) Defined Exception Process
#1: Certified letter of enrollment or of
Indian blood & affidavit of birth.
If the applicant is a member of a federally- recognized Indian nation,
tribe or pueblo and does not have a birth certificate because they were not
born in a hospital, the motor vehicle division will accept their certified
letter of enrollment or valid identification card issued by a federally
recognized Indian nation, tribe or pueblo and the applicant’s birth registration notification issued by the
U.S. census office for the applicant’s federally- recognized Indian nation,
tribe or pueblo so long as the letter contains the applicant’s name and date of
birth and the applicant provides a letter from the New Mexico department of health,
bureau of vital statistics rejecting the applicant’s request for a delayed
birth registration. The combination of
these documents provides proof of U.S. citizenship and identity.
(2) Defined Exception Process #2: Certified letter of enrollment or valid identification
card issued by a federally recognized Indian Nation, tribe or pueblo as proof
of age. If the applicant is a member of
a federally- recognized Indian nation, tribe or pueblo and does not have a
birth certificate to demonstrate proof of age, the applicant may use a certified
letter of enrollment or valid photo-identification card issued by a federally-
recognized Indian nation, tribe or pueblo as documentary proof of the
applicant’s age so long as the letter contains the applicant’s name and date of
birth and the applicant provides a letter from the New Mexico department of health,
bureau of vital statistics rejecting the applicant’s request for a delayed
birth registration.
(3) Defined Exception Process #3: Baptismal certificate as proof of age. If the applicant was born before December 31,
1941, the applicant may use an original baptismal record or certified copy of a
baptismal record as documentary proof of the applicant’s age so long as the
baptismal record contains the applicant’s name and date of birth or date of
baptism and the applicant provides a letter from the New Mexico department of health,
bureau of vital records and health statistics rejecting the applicant’s request
for a delayed birth registration.
(4) Defined Exception Process #4: Military records as proof of age. If the applicant was born before December 31,
1941, the applicant may use a certified copy of military records as documentary
proof of the applicant’s age so long as the record contains the applicant’s
name and date of birth and the applicant provides a letter from the New Mexico department
of health, bureau of vital records and health statistics rejecting the
applicant’s request for a delayed birth registration.
[18.19.5.12 NMAC - N, 6/29/2001; A,
6/14/2002; A, 6/30/2003; A, 10/1/2007; A, 7/31/2009; A, 11/15/2016; A, xx/xx/xxxx]
18.19.5.14 [PROOF OF IDENTIFICATION NUMBER, IDENTITY, AGE, AND
LAWFUL STATUS] REAL ID-COMPLIANT DRIVER’S LICENSE AND IDENTIFICATION
CARDS FOR LAWFUL UNITED STATES RESIDENTS:
A. A person
who is legally in the United States but not a United States citizen, United
States national or permanent resident alien may apply for a REAL ID [Act of
2005] compliant New Mexico driver’s license, or identification card [driving
permit, provisional driver’s license, or driver's license], other than a
commercial driver's license, and must provide documentary proof of their
identification number, identity, age, indication of sex, lawful status
and New Mexico residency.
B. Proof of identity and age:
To establish identity and age, the
applicant must present one of the following documents:
(1) an unexpired employment authorization
document issued by U.S. department of homeland security (DHS), form I-766 or
form I-688B, verified by the systematic alien verification for entitlements
system (SAVE);
(2) an unexpired foreign passport with a
valid, unexpired U.S. visa affixed accompanied by the approved I-94 form
documenting the applicant's most recent admittance into the United States,
verified by SAVE. This document can be
used to satisfy both the identity and age requirement, and proof of identification
number requirement for a REAL ID compliant credential.
(3) REAL ID [Act
of 2005] driver’s license or identification card issued in compliance with
the standards established by this part.
C. If the identity document submitted
is [from one] a REAL ID driver’s license or identification card as
listed in Paragraph (3) of Subsection B of 18.19.5.14 NMAC, then to establish
legal or lawful presence in the United States, the applicant must present one
of the following documents issued by the U.S. federal government verified
through SAVE:
(1) an unexpired immigrant or
nonimmigrant visa status for admission into the United States;
(2) a pending or approved application for
asylum in the United States;
(3) documentation of admission
into the United States as a refugee;
(4) a pending or approved application for
temporary protected status in the United States;
(5) documentation of approved
deferred action status;
(6) a pending application for adjustment
of status to legal permanent resident or conditional resident;
(7) conditional permanent resident alien
status; or
(8) other documents as DHS may designate
by notice published in the federal register.
D. Proof of identification number: An applicant must also present documentary
evidence of their identification number from one of the following documents:
(1) if, eligible
for social security number, [his or her social security administration (SSA)
account number card. If a social
security administration account card is not available, the person shall present]
one the following documents, provided that the document bears the applicant’s
social security number:
(a) a social security number (SSN) card;
(a)
(b) a W-2 form;
(b)
(c) a SSA-1099 form;
(c)
(d) a
non-SSA-1099 form;
(d)
(e) a pay stub with the
applicant’s name and social security number on it; or.
(2) an unexpired
foreign passport with a valid, unexpired U.S. visa affixed accompanied by the
approved I-94 form documenting the applicant's most recent admittance into the
United States, verified by SAVE. This
document can be used to satisfy both the identity and age requirement, and
identification number requirement for a Real ID compliant credential.
E. Indication of sex: an applicant must indicate their sex as
either male, female or gender x.
F. Proof of New Mexico residency: The applicant must present at least two of the
following documents that include the individual’s name and principal residence:
(1) a current real property rental
agreement or a purchase agreement;
(2) a utility bill dates within 60
days of the application and that is not a cellular phone bill;
(3) an insurance bill, card or binder
dated within the past six months of the application;
(4) a bank or credit card statement dated
within 60 days of the application;
(5) an employment pay stub containing applicant’s
name and address, dated within 60 days of the application;
(6) a local property tax statement from
the county assessor’s office of the county where the property is located;
(7) documentation from an educational
institution such as a transcript, report card or enrollment confirmation, dated
within 60 days of the application;
(8) original documentation from a city,
county, state, tribal or federal government organization or community
organization attesting to the applicant’s New Mexico residency;
(9) a New Mexico medical or public
assistance card with address on card, letter from issuing agency that came with
the card, showing name and address, or profile print-out from issuing agency;
(10) documents indicating membership in a
New Mexico religious organization provided applicant is less than 18 years of
age;
(11) documents indicating membership in a
New Mexico sports organization provided applicant is less than 18 years of age;
(12) 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 identification card, or two proofs of
residency of the parent/guardian; or
(13) 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.
[18.19.5.14 NMAC - N, 11/15/2016, A,
xx/xx/xxxx]
18.19.5.15
[PROOF OF IDENTITY, AND AGE
FOR A DRIVING AUTHORIZATION CARD OR] STANDARD DRIVER’S LICENSE OR STANDARD
IDENTIFICATION CARD THAT IS NOT ACCEPTABLE FOR FEDERAL PURPOSES:
A. Applicants for a New Mexico [driving
authorization card] standard license or standard identification card
that is not acceptable for federal purposes must provide documentary proof of
their identity, indication of sex, age and New Mexico 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.] Proof of identity and age: To
establish identity and age, [Applicants]
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 a
foreign consulate, such as 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] public assistance benefits, including
general assistance, temporary assistance for needy families and the
supplemental nutrition assistance program with a copy of the state human
services department eligibility profile page dated with the last year.
C. Proof of New Mexico residence: A person must present at least two of the
following documents that include the individual’s name and principal residence:
(1) a current real property agreement or
a purchase agreement;
(2) a utility bill dated within 60 days
of the application and does not include a cell phone bill;
(3) an insurance bill, card or binder
dated within the past six months of the application;
(4) a bank or credit card statement dated
within 60 days of the application;
(5) an employment pay stub containing applicant’s
name and address, dated within 60 days of the application;
(6) a local property tax statement from
the county assessor’s office of the county where the property is located;
(7) documentation from an education
institution such as a transcript, report card or enrollment confirmation, dated
within 60 days of the application;
(8) original documentation from a city,
county, state, tribal or federal government organization or community
organization attesting to the applicant’s New Mexico residency;
(9) a New Mexico medical or public
assistance card with address on card, letter from issuing agency that came with
the card, showing name and address, or profile print-out from issuing agency;
(10) documents indicating membership in a
New Mexico religious organization provided applicant is less than 18 years of
age;
(11) documents indicating membership in a
New Mexico sports organization provided applicant is less than 18 years of age;
(12) 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 identification card, or two proofs of
residency of the parent/guardian;
(13) 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.
D. Applicants for a standard driver’s license or
standard 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 C of 18.19.5.15 NMAC may provide an affidavit or a
notarized letter 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 C of 18.19.5.15
NMAC.
E. Indication of sex: an applicant must indicate their sex as
either male, female or gender x.
[18.19.5.15 NMAC - N, 11/15/2016;
A/E, 6/26/2018; A, 10/30/2018, A, xx/xx/xx]
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) 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 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.] [RESERVED]
[18.19.5.16 NMAC - N, 11/15/2016;
A/E, 6/26/2018; A, 10/30/2018, Repealed, xx/xx/xxxx]
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 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.]
[RESERVED]
[18.19.5.17 NMAC - N, 11/15/2016;
A/E, 6/26/2018; A, 10/30/2018, Repealed, xx/xx/xxxx]