A. A person who does not have a valid New Mexico driver's license 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.

B. The department shall establish two distinct identification cards as provided in Section 66-5-405 NMSA 1978:

(1) a REAL ID-compliant identification card; and

(2) a standard identification card.

C. An application for a REAL ID-compliant identification card shall contain the applicant's full legal name; date of birth; sex; and current New Mexico residence address and shall briefly describe the applicant.

D. An application for a standard identification card shall bear the applicant's full name; date of birth; sex; and current New Mexico residence address and shall briefly describe the applicant.

E. The secretary shall establish by rule documents that may be accepted as evidence of the residency of the applicant.

F. A person applying for or renewing a REAL ID-compliant identification 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. 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 a REAL ID-compliant identification card or a standard identification card. 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.

G. An application by a foreign national with lawful status for a REAL ID-compliant identification 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-compliant identification card 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.

H. The department shall issue a standard identification card 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 a standard identification card may not be valid for federal purposes. An applicant who does not provide proof of lawful status shall only apply for a standard identification card. An application for a standard identification card shall include proof of the applicant's identity and age.

I. The secretary may adopt rules providing for the proration of fees due to shortened validity periods authorized pursuant to the provisions of this section.

J. 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 [24-6B-1 to 24-6B-25 NMSA 1978]. 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.

History: 1953 Comp., § 64-5-401, enacted by Laws 1978, ch. 35, § 328; 1985, ch. 11, § 1; 1989, ch. 318, § 18; 1999, ch. 76, § 3; 2004, ch. 59, § 20; 2007, ch. 323, § 33; 2016, ch. 79, § 9; 2019, ch. 167, § 10.

The 2019 amendment, effective October 1, 2019, provided for REAL ID-compliant identification cards, provided that the department of motor vehicles shall establish REAL ID-compliant identification cards and standard identification cards, and provided the required contents of a standard identification card; in Subsection A, after "New Mexico driver's license", deleted "or driving authorization card"; added a new Subsection B and new subsection designation "C"; in Subsection C, after "application for", deleted "an" and added "REAL ID-compliant"; added new Subsection D and new subsection designations "E" and "F" and redesignated former Subsections B through E as Subsections G through J, respectively; in Subsection E, after "residency of the applicant.", deleted the remainder of the subsection, which related to identification cards that meet federal requirements; in Subsection F, after "renewing", deleted "an" and added "a REAL ID-compliant", after "identification card", deleted "that meets federal requirements to be accepted by federal agencies for official federal purposes", after "may apply for", deleted "an" and added "REAL ID-compliant", after the next occurrence of "identification card", deleted "that meets federal agencies for official federal purposes", after "or", deleted "an" and added "a standard", and after the next occurrence of "identification card", deleted "not intended to be accepted by federal agencies for official federal purposes"; in Subsection G, after "lawful status for", deleted "an" and added "a REAL ID-compliant", after the next occurrence of "identification card", deleted "that meets federal requirements to be accepted by federal agencies for official federal purposes", after "foreign national applicant", deleted "an" and added "a REAL ID-compliant", after the next occurrence of "identification card", deleted "that meets federal requirements to be accepted by federal agencies for official federal purposes"; and in Subsection H, after "shall issue", deleted "an" and added "a standard", after the next occurrence of "identification card", deleted "not intended to be accepted by federal agencies for official federal purposes", after "applicant understands that", deleted "an" and added "a standard", after the next occurrence of "identification card", deleted "not intended to be accepted by federal agencies for official federal purposes is" and added "may", after "not", added "be", after "shall only apply for", deleted "an" and added "a standard", after the next occurrence of "identification card", deleted "not intended to be accepted by federal agencies for official federal purposes. For", after "An application for", deleted "an" and added "a standard", after the next occurrence of "identification card", deleted "not intended to be accepted by federal agencies for official federal purposes, the secretary", and after "shall", deleted "accept as" and added "include", and deleted former Paragraphs (1) through (5).

The 2016 amendment, effective May 18, 2016, created two tiers of identification cards, those that meet federal requirements to be accepted by federal agencies for official federal purposes and those not intended to be accepted by federal agencies for official federal purposes; in the catchline, added "application"; in Subsection A, after "valid New Mexico driver's license", added "or driving authorization card", after "may be issued an identification card by the department", deleted "certified by the applicant as to true name, correct age and other identifying data as the department may require" and added the next nine sentences; and added new Subsections B, C and D, and redesignated former Subsection B as Subsection E.

The 2007 amendment, effective July 1, 2007, changed the name of the act.

The 2004 amendment, effective March 4, 2004, added Subsection B.

The 1999 amendment, effective July 1, 1999, in the first sentence, deleted "thirteen years of age or older" following "Any person", substituted "department" for "division" in two places, substituted "applicant" for "registrant and attested to by the division", added the language beginning "by the applicant" to the end of the second sentence, and in the third sentence substituted "secretary" for "director" and deleted "shown" following "good cause".

The 1989 amendment, effective July 1, 1989, added the last sentence.