NATIVE AMERICAN DESIGNATION ON LICENSES

HB0020

HOUSE BILL 20

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Michelle Paulene Abeyta
and
Alan T. Martinez

and
Angel M. Charley
and
William A. Hall
II

and
Joseph Franklin Hernandez

AN ACT

RELATING TO IDENTIFICATION; REQUIRING THE MOTOR VEHICLE
DIVISION OF THE TAXATION AND REVENUE DEPARTMENT TO INCLUDE
NATIVE AMERICAN DESIGNATIONS ON DRIVER'S LICENSES AND
IDENTIFICATION CARDS WHEN REQUESTED BY NATIVE AMERICAN
APPLICANTS WHO SUBMIT SUFFICIENT DOCUMENTATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 66-5-10 NMSA 1978 (being Laws 1978,
Chapter 35, Section 232, as amended) is amended to read:

"66-5-10. APPLICATION FOR LICENSE--INFORMATION--TRANSFER
TO LICENSE.--

A. Within the forms prescribed by the department
for applications and licenses of drivers of motor vehicles, a
space shall be provided to show whether the applicant is a
donor as provided in the Jonathan Spradling Revised Uniform
Anatomical Gift Act. Anyone applying for a license may, if the
applicant desires, indicate the applicant's donor status on the
space provided on the application, and this information, if
given by an applicant, shall be shown upon the license issued.
The form and driver's license shall be signed by the donor in
the presence of a witness who shall also sign the form in the
donor's presence. The department shall, as soon as
practicable, include the following donor statement on the
application form:

"I,____________________________, hereby make an

(Name of applicant/donor)

anatomical gift effective upon my death. A

medical evaluation at the time of my death shall

determine the organs and tissues suitable for

donation.

____________________________________

(Signature of donor)

____________________________________

(Signature of parent or guardian is required if the donor
is under fifteen years of age.)".

B. The department shall mark the donor status on
each person's driver's license record and shall retain each
application form or its image of a person who wishes to be a
donor. The department shall create and maintain a statewide
donor registry and shall provide on-line computer terminal
access to the donor registry to organ procurement organizations
and procurement organizations, as defined in the Jonathan
Spradling Revised Uniform Anatomical Gift Act. Authorized
hospital or organ and tissue donor program personnel,
immediately prior to or after a donor's death, may request
verification of the donor's status from the department and may
obtain a copy of the application from the department.

C. An applicant for a driver's license may request
a distinguishing mark in a form determined by the department to
appear on the driver's license that designates the applicant as
Native American; provided that the distinguishing mark does not
designate a specific Indian nation, tribe or pueblo or include
personal information submitted in the application to prove the
applicant's membership in a federally recognized Indian nation,
tribe or pueblo.

D. An application that requests a distinguishing
mark on the driver's license designating the applicant as
Native American shall include:

(1) an enhanced tribal card;

(2) a tribal identification card;

(3) a tribal certificate of Indian blood; or

(4) a tribal or bureau of Indian affairs
affidavit of birth.
"

SECTION 2.
Section 66-5-401 NMSA 1978 (being Laws 1978,
Chapter 35, Section 328, as amended) is amended to read:

"66-5-401. IDENTIFICATION CARDS--APPLICATION.--

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. 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.

K. An applicant for an identification card may
request a distinguishing mark in a form determined by the
department to appear on the identification card that designates
the applicant as Native American; provided that the
distinguishing mark does not identify a specific Indian nation,
tribe or pueblo or include personal information submitted in
the application to prove the applicant's membership in a
federally recognized Indian nation, tribe or pueblo.

L. An application that requests a distinguishing
mark on an identification card designating the applicant as
Native American shall include:

(1) an enhanced tribal card;

(2) a tribal identification card;

(3) a tribal certificate of Indian blood; or

(4) a tribal or bureau of Indian affairs
affidavit of birth.
"

SECTION 3.
EFFECTIVE DATE.--The effective date of the
provisions of this act is October 1, 2026.

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