Roadrunner Capitol Reports
Legislation Detail

CS/SB 88 ELECTRONIC DRIVER'S LICENSE CREDENTIALS

Sen Roberto "Bobby" Gonzales

Actions: [1] SCC/STBTC/SJC-SCC [2]germane-STBTC [6] DNP-CS/DP-SJC- DP [7] PASSED/S (38-0) [10] HTPWC/HTRC-HTPWC- DP-HTRC [13] DP [15] PASSED/H (53-8) SGND BY GOV (Feb. 28) Ch. 13.

Scheduled: Not Scheduled

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Summary:
 Senate Bill 88 (SB 88) allows the Taxation and Revenue Department to issue electronic credentials for driver's licenses and identification cards and to create a verification system. 
Legislation Overview:
 Senate Bill 88 (SB 88) allows the Taxation and Revenue Department to issue electronic credentials for driver’s licenses and identification cards and to create a verification system.

The bill amends Section 66-1-4.3 NMSA 1978 to add the definitions of "credential holder" meaning the individual to whom an electronic credential is issued and "data field", meaning a discrete piece of information printed or otherwise appearing on a driver's license or identification card.

Section 66-1-4.5 NMSA 1978 is amended to add the definition of "electronic credential", meaning an  electronic representation of a driver's license, identification card or data field that is capable of being electronically accessed and maintained by the Taxation and Revenue Department.

Chapter 120, Section 7 is amended to add the definitions of "full profile", meaning  all of the information provided on a driver's license or identification card", and "limited profile", meaning a portion of the information provided on a driver's license or identification card.
 
Current Law:
 Currently, various states have systems for electronic credentials for driver’s licenses and identification cards, along with verification systems. New Mexico does not currently offer this option. If the bill does not pass, this will remain the status quo. 
Committee Substitute:
 Committee substitute January 31, 2024 in Tax, Business and Transportation Committee

STBTCcs/SB 88: The Tax, Business and Transportation Committee substitute for SB 88 has the following changes:

•	The summary no longer includes “to create a verification system” and this purpose is now imbedded in the language of the bill;
•	The “credential holder” definition is changed to “someone who has been issued a physical or electronic credential” (previously, “the individual to whom an electronic credential is issued”
•	There was previously a definition of “data field”; it is replaced with the definition “data element” which is defined as a distinct component of a customer’s information that is found on the customer record”;
•	A definition of “electronic credential system” is added, meaning a digital process that includes a method for loading electronic credentials onto a device, issuing electronic credentials, [and] requesting and transmitting electronic credential data elements and performing tasks to maintain the system;
•	Section 4 definitions are revised, now including “railroad” and related terms, REAL-ID-related terms, “reconstructed vehicle”, “registration plate”, “relying party”, “revocation”, “right of way”, “road tractor” and “roadway”. Several previously provided definitions of other terms are deleted;
•	Section 5 definitions are changed and now include “validating sticker”, “verification process”, “vehicle” and vehicle-related terms;
•	A new Section 8 is added, revising the parameters, requirements and process for issuance of an electronic credential;
•	New Sections 9, 10 and 11 are added to address “agreements for issuance, use and verification process”, “physical possession of device”, and “consent to access”;
•	New Sections 12, 13 and 14 are added to address administration, fees, and rules.