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HOUSE BILL 133
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Andrea Reeb
AN ACT
RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND
FAMILIES DEPARTMENT TO OBTAIN IDENTIFICATION CARDS FOR CERTAIN
CHILDREN FOURTEEN YEARS OF AGE OR OLDER IN THE DEPARTMENT'S
CUSTODY FOR THIRTY OR MORE CONSECUTIVE DAYS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] CHILDREN IN FOSTER CARE--IDENTIFICATION
CARD.--
A. Except as provided in Subsection B of this
section, the department shall provide a child an opportunity to
obtain a standard identification card issued for the child
pursuant to Section 66-5-401 NMSA 1978 no later than ninety
days after the child was placed in the custody of the
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department.
B. If the department is unable to comply with the
provisions of Subsection A of this section due to the child's
incarceration, elopement, physical or mental disability or
specialized placement where the child cannot be transported, or
upon approval of the court, the department shall obtain the
identification card no later than ninety days from the date the
condition preventing compliance ceases to exist.
C. As used in this section, "child" means:
(1) an individual at least fourteen years of
age but under nineteen years of age; or
(2) an individual at least fourteen years of
age but under twenty-one years of age who is participating in
the fostering connections program pursuant to Section 32A-26-3
NMSA 1978; and
(3) an individual who has been placed in the
custody of the protective services division of the department
for thirty or more consecutive days."
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
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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
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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
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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. The children, youth and families department may
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apply for and receive a standard identification card on behalf
of a child fourteen years of age or older who has been placed
in the custody of the protective services division of that
department for thirty or more consecutive days. "
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2026.
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