Key Votes

HB 78 - Driver License and ID Card Restrictions for Undocumented Immigrants - Key Vote

New Mexico Key Votes

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Family

Issues

Stage Details

Legislation - Bill Passed With Amendment (Senate) (25-16) - (Key vote)

Title: Driver License and ID Card Restrictions for Undocumented Immigrants

Vote Smart's Synopsis:

Vote to pass a bill that limits the issuance of driver's licenses and the duration of driver's licenses of foreign nationals.

Highlights:
  • Requires the secretary to request the following in order to grant a foreign national applicant an instruction permit, provisional license or driver's license and who does not provide a social security number or proof of authorized presence in the United States (Sec. 1):
    • An individual tax identification number or a document that the secretary has authorized as an acceptable substitute for an individual tax identification number;
    • A birth certificate, either an original or a certified copy, including a foreign birth certificate with a notarized English translation, if necessary, or a form of photo identification;
    • Accept two independent forms of proof of the applicant's residency in New Mexico for the last 3 consecutive months;
    • A signed and notarized declaration made by the applicant that all the documents provided are genuine and accurate; and
    • The applicants to be fingerprinted and to provide 2 fingerprint cards of the equivalent electronic fingerprints to the department.
  • Specifies that a driver's license issued to a foreign national applicant who does not provide a social security number shall not be valid for a period of more than two years (Sec. 3).
  • Establishes a $5 fee for a driver's license issued to a foreign national applicant who does not provide a social security number and a $6.50 fee for each provisional or duplicate license (Sec. 4-5).
  • Classifies each of the following acts as a felony (Sec. 6):
    • Knowingly providing a signed and notarized declaration that all documents provided by an applicant are genuine and accurate when any document provided by the applicant is not genuine or accurate;
    • Receiving or obtaining an instruction permit, driver's license or provisional license and then transferring the instruction permit, driver's license or provisional license to another person in exchange for anything of value; or
    • Inducing or soliciting another person, or conspiring with an applicant, to violate the requirements of this law.
  • Requires a mandatory cancellation of all driver licenses issued to persons without social security numbers (Sec. 7).
  • Effective July 1, 2011 (Sec. 9).
Legislation - Bill Passed (House) (42-28) - (Key vote)

Title: Driver License and ID Card Restrictions for Undocumented Immigrants

Vote Smart's Synopsis:

Vote to pass a bill that requires applicants for New Mexico driver's licenses to provide their social security numbers.

Highlights:
  • Exempts foreign nationals from the requirement of providing social security numbers if they can provide valid passports, visas, or other arrival-departure records or documents issued by the federal department of homeland security upon which they will be issued licenses only valid for the duration of their authorized periods of admission in the United States (Sec. 1).
Legislation - Introduced (House) -

Title: Driver License and ID Card Restrictions for Undocumented Immigrants

Sponsors

  • Andrew 'Andy' Nuñez (NM - D) (Out Of Office)