New Mexico's Motor Vehicle Division knows it's been a rough couple of years for people trying to find the right documentation to get an ID. Now, the state department that oversees issuance of driver's licenses and ID cards is considering rule changes. A hearing planned for Wednesday morning aims to gather comments about whether the ideas go far enough.
The proposed rules changes appear to relax some of the requirements that were the subject of a class action lawsuit filed in January, which named as defendants the Tax and Revenue Department and top officials there, as well as at the Motor Vehicle Department. The changes would specifically apply to licenses and IDs that do not conform with the federal REAL ID Act.
One central complaint in the lawsuit, filed by a coalition of homeless, immigrant and economic justice advocacy groups as well as several individual plaintiffs from Santa Fe and Albuquerque, was that the MVD required applicants to present their social security numbers in order to obtain identification, "a requirement that the Legislature neither enacted nor authorized the department to create or impose," the lawsuit states.
David Coss, who was the mayor of Santa Fe for two terms from 2006 to 2014, is one of multiple plaintiffs alleging that he could not obtain a driver's license because he couldn't provide the MVD tax forms or a government-issued social security card that included his full social security number.
Even after Coss obtained a letter from the Social Security Administration that disclosed his full social security number, a clerk at the MVD still denied his application for a renewed driver's license and insisted that he had to bring in his actual social security card, according to the lawsuit.
The proposed rule changes from the MVD, which were filed on June 14 and would possibly go into effect by the end of August, appear to eliminate the need for applicants to present their social security number in order to obtain a driver's license or a state identification card.
Other proposed changes regard proofs of residency that applicants must show in order to obtain a license or ID. Under the new rules, people would now be able to show a New Mexico medical or public assistance card, profile printout, or a letter from the issuing agency. In addition, a person could present various documents establishing residency that only include the names of their spouse, so long as they also presented a marriage certificate. None of these forms are currently accepted as residency proofs by the MVD.
And in an apparent reference to people without permanent addresses who've had trouble obtaining state ID, the new rules say a person would be able to provide an affidavit or notarized letter from "a New Mexico governmental entity, not-for-profit organization, assisted care facility/home, adult assisted living facility/home, homeless shelter, transitional service provider, or group/half way house attesting to the address where the applicant resides or receives services in lieu of" other documents.
Citing ongoing settlement discussions, a representative for the New Mexico Center on Law and Poverty, a plaintiff in the case, declined to comment. A representative from fellow plaintiff Somos Un Pueblo Unido did not return calls or text messages.
Kevin Kelley, the public information officer for the Tax and Revenue Department, did not respond to SFR's emailed questions.
Those who can't attend the public meeting tomorrow morning can submit written comments on the proposed rule changes to: Taxation and Revenue Department, Director of Tax Policy, PO Box 630, Santa Fe, NM 87504-0630; or by email to policy.office@state.nm.us on or before August 1, 2018.
Public hearing for MVD proposed rule changes: 10 am Wednesday April 1. Free. ACD Classroom, Manuel Lujan Building, 1200 St. Francis Drive, 827-0700.
