SB0235

SENATE BILL 235

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Timothy Z. Jennings

AN ACT

RELATING TO DRIVER'S LICENSES; LIMITING THE ISSUANCE OF DRIVER'S LICENSES; LIMITING THE DURATION OF DRIVER'S LICENSES OF CERTAIN FOREIGN NATIONALS; PROVIDING FOR CANCELLATION OF CERTAIN DRIVER'S LICENSES; REQUIRING ADDITIONAL IDENTIFICATION AND PROOF OF RESIDENCY FOR FOREIGN NATIONALS; INCREASING PENALTIES AND IMPOSING NEW PENALTIES.

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

SECTION 1. Section 66-5-9 NMSA 1978 (being Laws 1978, Chapter 35, Section 231, as amended) is amended to read:

"66-5-9. APPLICATION FOR LICENSE, TEMPORARY LICENSE, PROVISIONAL LICENSE OR INSTRUCTION PERMIT.--

A. An application for an instruction permit, provisional license or driver's license shall be made upon a form furnished by the department. An application shall be accompanied by the proper fee. For permits, provisional licenses or driver's licenses other than those issued pursuant to the New Mexico Commercial Driver's License Act, submission of a complete application with payment of the fee entitles the applicant to not more than three attempts to pass the examination within a period of six months from the date of application.

B. An application shall contain the full legal name, social security number or individual tax identification number, date of birth, sex and New Mexico residence address of the applicant and briefly describe the applicant and indicate whether the applicant has previously been licensed as a driver and, if so, when and by what state or country and whether any such license has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for the suspension, revocation or refusal. [For foreign nationals applying for driver's licenses, the secretary shall accept the individual taxpayer identification number as a substitute for a social security number regardless of immigration status.] The secretary is authorized to establish by regulation other documents that may be accepted as a substitute for a social security number or an individual tax identification number.

C. For a foreign national applicant, including a foreign national serving in the armed forces of the United States, who does not provide a social security number or proof of authorized presence in the United States, the secretary shall:

(1) accept an individual tax identification number, or a document that the secretary has authorized as an acceptable substitute for an individual tax identification number;

(2) accept one proof of identity, the requirement of which shall be satisfied by:

(a) a birth certificate, either an original or a certified copy, including a foreign birth certificate with a notarized English translation, if necessary; or

(b) a form of photo identification, the requirement of which shall be satisfied by a passport from the applicant's country of citizenship or an identification card, issued by the Mexican consulate in Albuquerque, New Mexico, or El Paso, Texas, or such other foreign consulate with which the department has established a reliable method of verifying the authenticity of the identification card;

(3) accept two independent forms of proof of the applicant's residency in New Mexico for the last six consecutive months, the requirement of which shall be satisfied by any two of the following:

(a) utility bills;

(b) bank statements;

(d) rental agreements;

(e) New Mexico school records; or

(f) other documents authorized by the secretary that show the applicant's address;

(4) require a signed and notarized declaration made by the applicant that all documents provided by the applicant with the application are genuine and accurate; and

(5) require the applicant to be fingerprinted and to provide two fingerprint cards or the equivalent electronic fingerprints to the department.

[C.] D. An applicant shall indicate whether the applicant has been convicted of driving while under the influence of intoxicating liquor or drugs in this state or in any other jurisdiction. Failure to disclose any such conviction prevents the issuance of a driver's license, provisional license, temporary license or instruction permit for a period of one year if the failure to disclose is discovered by the department prior to issuance. If the nondisclosure is discovered by the department subsequent to issuance, the department shall revoke the driver's license, provisional license, temporary license or instruction permit for a period of one year. Intentional and willful failure to disclose, as required in this subsection, is a misdemeanor.

[D.] E. An applicant under eighteen years of age who is making an application for a first New Mexico driver's license shall submit evidence that the applicant has:

(1) successfully completed a driver education course approved by the bureau that included a DWI prevention and education component. The bureau may accept verification of driver education course completion from another state if the driver education course substantially meets the requirements of the bureau for a course offered in New Mexico;

(2) had a provisional license for at least the twelve-month period immediately preceding the date of the application for the driver's license; provided that thirty days shall be added to the twelve-month period for each adjudication or conviction of a traffic violation committed during the time the person was driving with a provisional license;

(3) complied with restrictions on that license;

(4) not been cited for a traffic violation that is pending at the time of application; and

(5) not been adjudicated for an offense involving the use of alcohol or drugs during the twelve-month period immediately preceding the date of the application for the driver's license and that there are no pending adjudications alleging an offense involving the use of alcohol or drugs at the time of application.

[E.] F. An applicant eighteen years of age or over, but under twenty-five years of age, who is making an application to be granted a first New Mexico driver's license shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program.

[F.] G. An applicant twenty-five years of age or over who has been convicted of driving under the influence of intoxicating liquor or drugs and who is making an application to be granted a first New Mexico driver's license, shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program.

[G.] H. Whenever an application is received from a person previously licensed in another jurisdiction, the department may request a copy of the driver's record from the other jurisdiction. When received, the driver's record may become a part of the driver's record in this state with the same effect as though entered on the driver's record in this state in the original instance.

[H.] I. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.

[I.] J. This section does not apply to driver's licenses issued pursuant to the New Mexico Commercial Driver's License Act."

SECTION 2. Section 66-5-15 NMSA 1978 (being Laws 1978, Chapter 35, Section 237, as amended) is amended to read:

"66-5-15. LICENSES ISSUED TO APPLICANTS.--The department shall, upon payment of the required fee, issue to every qualified applicant a driver's license as applied for. The license shall bear the full legal name, date of birth, current New Mexico physical or mailing address, a full face or front-view photograph of the license holder and a brief description of the licensee and the signature of the licensee. A license shall not be valid unless it bears the signature of the licensee."

SECTION 3. Section 66-5-21 NMSA 1978 (being Laws 1978, Chapter 35, Section 243, as amended by Laws 2010, Chapter 42, Section 2 and by Laws 2010, Chapter 70, Section 2) is amended to read:

"66-5-21. EXPIRATION OF LICENSE--FOUR-YEAR ISSUANCE PERIOD--EIGHT-YEAR ISSUANCE PERIOD--LIMITED ISSUANCE PERIOD--RENEWAL.--

A. Except as provided in Subsection B [or], D or E of this section, Section 66-5-19 NMSA 1978 and Section 66-5-67 NMSA 1978, all driver's licenses shall be issued for a period of four years, and each license shall expire thirty days after the applicant's birthday in the fourth year after the effective date of the license or shall expire thirty days after the applicant's seventy-fifth birthday. A license issued pursuant to Section 66-5-19 NMSA 1978 shall expire thirty days after the applicant's birthday in the year in which the license expires. Each license is renewable within ninety days prior to its expiration or at an earlier date approved by the department. The fee for the license shall be as provided in Section 66-5-44 NMSA 1978. The department may provide for renewal by mail or telephonic or electronic means of a driver's license issued pursuant to the provisions of this subsection, pursuant to regulations adopted by the department that ensure adequate security measures to safeguard personal information that is obtained in the issuance of a driver's license. The department may require an examination upon renewal of the driver's license.

B. At the option of an applicant, a driver's license may be issued for a period of eight years, provided that the applicant:

(1) pays the amount required for a driver's license issued for a term of eight years;

(2) otherwise qualifies for a four-year driver's license; and

(3) will not reach the age of seventy-five during the last four years of the eight-year license period or reach the age of twenty-one during any year within the term of the license.

C. A driver's license issued pursuant to the provisions of Subsection B of this section shall expire thirty days after the applicant's birthday in the eighth year after the effective date of the license.

D. A driver's license issued prior to an applicant's twenty-first birthday shall expire thirty days after the applicant's twenty-first birthday. A driver's license issued prior to an applicant's twenty-first birthday may be issued for a period of up to five years.

E. 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.

[E.] F. The director may adopt regulations providing for the proration of driver's license fees and commercial driver's license fees due to shortened licensure periods permitted pursuant to Subsection A of Section 66-5-19 NMSA 1978 or for licensure periods authorized pursuant to the provisions of this section."

SECTION 4. Section 66-5-44 NMSA 1978 (being Laws 1978, Chapter 35, Section 266, as amended) is amended to read:

"66-5-44. LICENSES AND PERMITS--DURATION AND FEE--APPROPRIATION.--

A. There shall be paid to the department a fee of ten dollars ($10.00) for each driver's license or duplicate driver's license, except that, for a driver's license issued for an eight-year period, a fee of twenty dollars ($20.00) shall be paid to the department and that, for a driver's license issued for a two-year period to a foreign national applicant who does not provide a social security number, a fee of five dollars ($5.00) shall be paid to the department. Each license shall be for a term provided for in Section 66-5-21 NMSA 1978.

B. For each permit and instruction permit, there shall be paid to the department a fee of two dollars ($2.00). The term for each permit shall be as provided in Sections 66-5-8 and 66-5-9 NMSA 1978.

C. Except for fees charged pursuant to Subsection E of this section, the director with the approval of the governor may increase the amount of the fees provided for in this section by an amount not to exceed three dollars ($3.00) for the purpose of implementing an enhanced driver's license system; provided that for a driver's license issued for an eight-year period, the amount of the fees shall be twice the amount charged for other driver's licenses. The additional amounts collected pursuant to this subsection are appropriated to the department to defray the expense of the new system of licensing and for use as set forth in Subsection F of Section 66-6-13 NMSA 1978. Unexpended or unencumbered balances remaining from fees collected pursuant to the provisions of this subsection at the end of any fiscal year shall not revert to the general fund but shall be expended by the department in fiscal year 2010 and subsequent fiscal years.

D. There shall be paid to the department a driver safety fee of three dollars ($3.00) for each driver's license or duplicate driver's license, except that for a driver's license issued for an eight-year period, a fee of six dollars ($6.00) shall be paid to the department. The fee shall be distributed to each school district for the purpose of providing defensive driving instruction through the state equalization guarantee distribution made annually pursuant to the general appropriation act.

E. The department may charge a fee of no more than fifteen dollars ($15.00) to a person who holds a driver's license from another state and is applying for a New Mexico driver's license for the first time. The fee is appropriated to the department to defray the expense of determining whether the driver has been convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs, or equivalent crime, and determining if the person qualifies for a driver's license in this state. The fee provided in this subsection is not subject to the increase provided for in Subsection C of this section."

SECTION 5. Section 66-5-44.1 NMSA 1978 (being Laws 1999, Chapter 175, Section 11) is amended to read:

"66-5-44.1. PROVISIONAL LICENSES--DURATION AND FEE--APPROPRIATION.--

A. There shall be paid to the division a fee of thirteen dollars ($13.00) for each provisional license or duplicate provisional license except that, for a provisional license issued for a two-year period to a foreign national applicant who does not provide a social security number, a fee of six dollars fifty cents ($6.50) shall be paid to the department. Each provisional license shall be for a term provided for in Section 66-5-21 NMSA 1978.

B. The director, with the approval of the governor, may increase the amount of the fee provided for in this section by an amount not to exceed three dollars ($3.00) for the purpose of implementing an enhanced driver's license system. The additional amounts collected pursuant to this subsection are appropriated to the division to defray the expense of the new system of licensing.

C. The fees collected pursuant to the provisions of Subsection A of this section are appropriated to the division to defray the expense of implementing the new system of provisional licensing."

SECTION 6. Section 66-8-1.1 NMSA 1978 (being Laws 2007, Chapter 319, Section 65) is amended to read:

"66-8-1.1. FRAUD [IN OBTAINING DOCUMENTS ISSUED] RELATED TO THE ISSUANCE OF DOCUMENTS BY THE DIVISION--[PENALTY] PENALTIES.--

A. It is a felony for a [person] department employee or contractor to:

(1) knowingly issue an identification card, driver's license, vehicle or vessel registration or vehicle or vessel title to a person who is not lawfully entitled to issuance of that document;

(2) knowingly accept and use fraudulent documents as a basis for issuing an identification card, driver's license, vehicle or vessel registration or vehicle or vessel title;

(3) knowingly alter a record of an identification card, driver's license, vehicle or vessel registration or vehicle or vessel title without legal justification; or

(4) solicit or accept, directly or indirectly, anything of value with the intent to influence a decision or action on an identification card, a driver's license, a vehicle or vessel registration or a vehicle or vessel title.

B. It is a felony for a foreign national applicant to knowingly or willfully provide a false or fraudulent document required by Section 66-5-9 NMSA 1978.

C. It is a felony for a person to:

(1) receive or obtain an instruction permit, driver's license or provisional license and then transfer the instruction permit, driver's license or provisional license to another person in exchange for anything of value; or

(2) induce or solicit another person, or conspire with another person, to violate Subsection A or B of this section.

D. A person convicted of violating Subsection A of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

[B.] E. A person convicted of violating Subsection B or C of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

SECTION 7. A new section of the Motor Vehicle Code is enacted to read:

"[NEW MATERIAL] MANDATORY CANCELLATION OF DRIVER'S LICENSE ISSUED TO A PERSON WITHOUT A SOCIAL SECURITY NUMBER.--

A. The department shall identify any person who was issued an instruction permit, a driver's license or a provisional license prior to July 1, 2012 without the person providing the person's social security number. The department shall provide written notice to the person that the instruction permit, driver's license or provisional license will be canceled if, within two years, the person fails to submit the person's social security number or submit a new application pursuant to Section 66-5-9 NMSA 1978.

B. Thirty days prior to the cancellation of the instruction permit, driver's license or provisional license, the department shall provide written notice to the person that the instruction permit, driver's license or provisional license will be canceled if the person's social security number or new application, pursuant to Section 66-5-9 NMSA 1978, is not submitted within thirty days.

C. Upon cancellation, the department shall notify the person in writing of the cancellation of that person's instruction permit, driver's license or provisional license. Within twenty days of receiving notice of cancellation, a person may request that the department rescind the order of cancellation and afford the person an opportunity to show that the person has submitted the person's social security number or individual tax identification number and proof of the person's identity and proof of New Mexico residency pursuant to Section 66-5-9 NMSA 1978.

D. Within twenty days upon receipt of a request to rescind the order of cancellation, the department shall provide the person who made the request with an opportunity to show that the person has submitted that person's social security number or individual tax identification number and proof of the person's identity and proof of New Mexico residency, pursuant to Section 66-5-9 NMSA 1978, in the county in which the person resides unless the department and the person agree to another county. The secretary or the secretary's duly authorized agent may administer oaths. Upon a showing that the person has provided a social security number or individual tax identification number and proof of the person's identity and proof of New Mexico residency, the department shall reinstate the instruction permit, driver's license or provisional license for a period pursuant to Section 66-5-21 NMSA 1978.

E. Issuance of a written notice pursuant to Subsection A of this section shall not affect the right of a person to renew a driver's license at the expiration of its term pursuant to Section 66-5-21 NMSA 1978; provided, however, that renewal of a license shall not relieve a licensee of the obligation to respond to that notice or preclude the department from canceling a license for failure to respond to that notice pursuant to this section.

F. Upon cancellation of a person's instruction permit, driver's license or provisional license, the department shall reimburse to the person the amount of the fee paid for the instruction permit, driver's license or provisional license prorated for the remaining period that the instruction permit, driver's license or provisional license would have been valid but for its cancellation."

SECTION 8. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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