HB 20

                                1  HOUSE BILL 20
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Michelle Paulene Abeyta and Alan T. Martinez
                                5  and Angel M. Charley and William A. Hall II
                                6  and Joseph Franklin Hernandez
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO IDENTIFICATION; REQUIRING THE MOTOR VEHICLE
                                12   DIVISION OF THE TAXATION AND REVENUE DEPARTMENT TO INCLUDE
                                13   NATIVE AMERICAN DESIGNATIONS ON DRIVER'S LICENSES AND
                                14   IDENTIFICATION CARDS WHEN REQUESTED BY NATIVE AMERICAN
                                15   APPLICANTS WHO SUBMIT SUFFICIENT DOCUMENTATION.
                                16
[bracketed material] = delete
                                17   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
underscored material = new
                                18        SECTION 1.     Section 66-5-10 NMSA 1978 (being Laws 1978,
                                19   Chapter 35, Section 232, as amended) is amended to read:
                                20        "66-5-10.     APPLICATION FOR LICENSE--INFORMATION--TRANSFER
                                21   TO LICENSE.--
                                22  A.   Within the forms prescribed by the department
                                23   for applications and licenses of drivers of motor vehicles, a
                                24   space shall be provided to show whether the applicant is a
                                25   donor as provided in the Jonathan Spradling Revised Uniform
                                     .233410.2
                                1    Anatomical Gift Act.    Anyone applying for a license may, if the
                                2    applicant desires, indicate the applicant's donor status on the
                                3    space provided on the application, and this information, if
                                4    given by an applicant, shall be shown upon the license issued.
                                5    The form and driver's license shall be signed by the donor in
                                6    the presence of a witness who shall also sign the form in the
                                7    donor's presence.    The department shall, as soon as
                                8    practicable, include the following donor statement on the
                                9    application form:
                                10        "I,____________________________, hereby make an
                                11  (Name of applicant/donor)
                                12        anatomical gift effective upon my death.    A
                                13        medical evaluation at the time of my death shall
                                14        determine the organs and tissues suitable for
                                15        donation.
                                16        ____________________________________
[bracketed material] = delete
                                17        (Signature of donor)
underscored material = new
                                18        ____________________________________
                                19        (Signature of parent or guardian is required if the donor
                                20        is under fifteen years of age.)".
                                21  B.   The department shall mark the donor status on
                                22   each person's driver's license record and shall retain each
                                23   application form or its image of a person who wishes to be a
                                24   donor.   The department shall create and maintain a statewide
                                25   donor registry and shall provide on-line computer terminal
                                     .233410.2
                                                                    - 2 -
                                1    access to the donor registry to organ procurement organizations
                                2    and procurement organizations, as defined in the Jonathan
                                3    Spradling Revised Uniform Anatomical Gift Act.      Authorized
                                4    hospital or organ and tissue donor program personnel,
                                5    immediately prior to or after a donor's death, may request
                                6    verification of the donor's status from the department and may
                                7    obtain a copy of the application from the department.
                                8  C.   An applicant for a driver's license may request
                                9    a distinguishing mark in a form determined by the department to
                                10   appear on the driver's license that designates the applicant as
                                11   Native American; provided that the distinguishing mark does not
                                12   designate a specific Indian nation, tribe or pueblo or include
                                13   personal information submitted in the application to prove the
                                14   applicant's membership in a federally recognized Indian nation,
                                15   tribe or pueblo.
                                16  D.   An application that requests a distinguishing
[bracketed material] = delete
                                17   mark on the driver's license designating the applicant as
underscored material = new
                                18   Native American shall include:
                                19  (1)   an enhanced tribal card;
                                20  (2)   a tribal identification card;
                                21  (3)   a tribal certificate of Indian blood; or
                                22  (4)   a tribal or bureau of Indian affairs
                                23   affidavit of birth."
                                24        SECTION 2.     Section 66-5-401 NMSA 1978 (being Laws 1978,
                                25   Chapter 35, Section 328, as amended) is amended to read:
                                     .233410.2
                                                                     - 3 -
                                1  "66-5-401.      IDENTIFICATION CARDS--APPLICATION.--
                                2  A.    A person who does not have a valid New Mexico
                                3    driver's license may be issued an identification card by the
                                4    department.       An application for an identification card or
                                5    renewal of an identification card shall be made upon a form
                                6    furnished by the department.
                                7  B.    The department shall establish two distinct
                                8    identification cards as provided in Section 66-5-405 NMSA 1978:
                                9  (1)   a REAL ID-compliant identification card;
                                10   and
                                11  (2)   a standard identification card.
                                12  C.    An application for a REAL ID-compliant
                                13   identification card shall contain the applicant's full legal
                                14   name; date of birth; sex; and current New Mexico residence
                                15   address and shall briefly describe the applicant.
                                16  D.    An application for a standard identification
[bracketed material] = delete
                                17   card shall bear the applicant's full name; date of birth; sex;
underscored material = new
                                18   and current New Mexico residence address and shall briefly
                                19   describe the applicant.
                                20  E.    The secretary shall establish by rule documents
                                21   that may be accepted as evidence of the residency of the
                                22   applicant.
                                23  F.    A person applying for or renewing a REAL ID-
                                24   compliant identification card shall provide documentation
                                25   required by the federal government of the applicant's identity;
                                     .233410.2
                                                                       - 4 -
                                1    date of birth; social security number, if applicable; address
                                2    of current residence; and lawful status.      The department shall
                                3    verify the applicant's lawful status and social security
                                4    number, if applicable, through a method approved by the federal
                                5    government.      Pursuant to the federal REAL ID Act of 2005, the
                                6    secretary shall establish a written, defined exception process
                                7    to allow a person to demonstrate the person's identity, age and
                                8    lawful status.     The process shall allow a person to use a
                                9    certified letter of enrollment or a valid identification card
                                10   issued by a federally recognized Indian nation, tribe or pueblo
                                11   to demonstrate the person's identity or age or to demonstrate
                                12   the person's lawful status, if applicable.     A person with
                                13   lawful status may apply for a REAL ID-compliant identification
                                14   card or a standard identification card.     Every application for
                                15   an identification card shall be signed by the applicant or the
                                16   applicant's parent or guardian.      The secretary may, for good
[bracketed material] = delete
                                17   cause, revoke or deny the issuance of an identification card.
underscored material = new
                                18  G.    An application by a foreign national with lawful
                                19   status for a REAL ID-compliant identification card shall
                                20   contain the unique identifying number and expiration date, if
                                21   applicable, of the foreign national's valid passport, valid
                                22   visa, employment authorization card issued under the
                                23   applicant's approved deferred action status or other arrival-
                                24   departure record or document issued by the federal government
                                25   that conveys lawful status.      The department may issue to an
                                     .233410.2
                                                                      - 5 -
                                1    eligible foreign national applicant a REAL ID-compliant
                                2    identification card that is valid for a period not to exceed
                                3    the duration of the applicant's lawful status; provided that if
                                4    that date cannot be determined by the department and the
                                5    applicant is not a legal permanent resident, the identification
                                6    card shall expire one year after the effective date of the
                                7    identification card.
                                8  H.   The department shall issue a standard
                                9    identification card to an applicant who is otherwise eligible
                                10   but who does not provide proof of lawful status and who
                                11   affirmatively acknowledges that the applicant understands that
                                12   a standard identification card may not be valid for federal
                                13   purposes.   An applicant who does not provide proof of lawful
                                14   status shall only apply for a standard identification card.       An
                                15   application for a standard identification card shall include
                                16   proof of the applicant's identity and age.
[bracketed material] = delete
                                17  I.   The secretary may adopt rules providing for the
underscored material = new
                                18   proration of fees due to shortened validity periods authorized
                                19   pursuant to the provisions of this section.
                                20  J.   Within the forms prescribed by the department
                                21   for identification card applications, a space shall be provided
                                22   to show whether the applicant is a donor as provided in the
                                23   Jonathan Spradling Revised Uniform Anatomical Gift Act.     A
                                24   person applying for an identification card may indicate that
                                25   person's status on the space provided on the application.       The
                                     .233410.2
                                                                    - 6 -
                                1    donor status indicated by the applicant shall be displayed on
                                2    the identification card.    The form and identification card
                                3    shall be signed by the donor in the presence of a witness who
                                4    shall also sign the form in the donor's presence.
                                5  K.   An applicant for an identification card may
                                6    request a distinguishing mark in a form determined by the
                                7    department to appear on the identification card that designates
                                8    the applicant as Native American; provided that the
                                9    distinguishing mark does not identify a specific Indian nation,
                                10   tribe or pueblo or include personal information submitted in
                                11   the application to prove the applicant's membership in a
                                12   federally recognized Indian nation, tribe or pueblo.
                                13  L.   An application that requests a distinguishing
                                14   mark on an identification card designating the applicant as
                                15   Native American shall include:
                                16  (1)   an enhanced tribal card;
[bracketed material] = delete
                                17  (2)   a tribal identification card;
underscored material = new
                                18  (3)   a tribal certificate of Indian blood; or
                                19  (4)   a tribal or bureau of Indian affairs
                                20   affidavit of birth."
                                21        SECTION 3.    EFFECTIVE DATE.--The effective date of the
                                22   provisions of this act is October 1, 2026.
                                23  - 7 -
                                24
                                25
                                     .233410.2