HOUSE BILL 852
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
Daniel R. Foley
AN ACT
RELATING TO MOTOR VEHICLES; PROVIDING FOR NEW REQUIREMENTS FOR ISSUANCE OF TEMPORARY LICENSES, PROVISIONAL LICENSES, DRIVER'S LICENSES, INSTRUCTIONAL PERMITS AND IDENTIFICATION CARDS; REQUIRING DOCUMENTATION OF A VALID SOCIAL SECURITY NUMBER AND EVIDENCE OF UNITED STATES CITIZENSHIP OR LAWFUL STATUS PRIOR TO ISSUANCE OF A LICENSE OR IDENTIFICATION CARD; REQUIRING VERIFICATION OF ALL DOCUMENTS SUBMITTED WITH APPLICATIONS FOR LICENSES OR IDENTIFICATION CARDS; MANDATING CERTAIN PHYSICAL SECURITY FEATURES FOR LICENSES AND IDENTIFICATION CARDS; PROVIDING FOR SECURITY CLEARANCE REQUIREMENTS AND FRAUDULENT DOCUMENT RECOGNITION TRAINING; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of Chapter 66, Article 5 NMSA 1978 is enacted to read:
"[NEW MATERIAL] LEGISLATIVE FINDINGS.--The legislature finds that:
A. the number of persons who enter the United States illegally has risen dramatically in recent years and poses a serious security threat to the United States and New Mexico;
B. to combat the threat of those who are in the United States illegally and seek to terrorize the American people and destroy its democracy, in 2005 congress passed and President George W. Bush signed the REAL ID Act of 2005 that improves security for driver's licenses and personal identification cards;
C. the REAL ID Act of 2005 mandates that New Mexico require and verify valid documentary evidence that a person applying for a driver's license or personal identification card
is a United States citizen or meets one of eight categories of lawful immigrant status;
D. New Mexico's compliance with the REAL ID Act of 2005 is vital to protecting New Mexico from those who fraudulently obtain driver's licenses and personal identification cards with the intention of carrying out terrorist attacks on the United States; and
E. if New Mexico does not comply with the REAL ID Act of 2005 by May 11, 2008, its residents cannot use New Mexico driver's licenses or personal identification cards for accessing federal facilities, boarding commercial aircraft, entering power plants or any other purpose as determined by the secretary of homeland security."
Section 2. 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 and required documentation. 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 name, social security number [or individual tax identification number], United States citizenship or lawful status, 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. In addition to the application furnished by the department, an applicant shall submit the following documentation for verification by the department pursuant to the Motor Vehicle Code:
(1) a photo identity document, except that a non-photo identity document is acceptable if it includes both the applicant's full name and date of birth;
(2) a document evidencing proof of the applicant's age, including a birth certificate, certified copy of a birth certificate, a church record purporting to show the date of birth or an acknowledged copy of the church record or a valid passport;
(3) a document evidencing proof of the applicant's social security account number or verification that the applicant is not eligible for a social security account number;
(4) a document showing the applicant's name and New Mexico residence address; and
(5) a document evidencing proof that the applicant:
(a) is a citizen of the United States;
(b) is an alien lawfully admitted for permanent or temporary residence in the United States;
(c) has conditional permanent resident status in the United States;
(d) has an approved application for asylum in the United States or has entered into the United States in refugee status;
(e) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
(f) has a pending application for asylum in the United States;
(g) has approved deferred action status; or
(h) has a pending application for adjustment status to that of an alien lawfully admitted for permanent residence or conditional permanent resident status in the United States.
[C.] D. An applicant shall indicate whether [he] 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 [less than] who is under eighteen years of age and who is making an application to be granted [his] a first New Mexico driver's license shall submit evidence that [he] the applicant has:
(1) successfully completed a driver education course that included a DWI prevention and education program approved by the bureau or offered by a public school. 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 the twelve-month period immediately preceding the date of the application for the driver's license;
(3) complied with restrictions on that license;
(4) not been convicted of a traffic violation committed during the ninety days prior to applying for a driver's license;
(5) not been cited for a traffic violation that is pending at the time of [his] the application; and
(6) 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 [his] the application.
[E.] F. An applicant eighteen years of age and over, but [less than] under twenty-five years of age, who is making an application to be granted [his] a first New Mexico driver's license shall submit evidence with [his] the application that [he] the applicant has successfully completed a bureau-approved DWI prevention and education program.
[F.] G. An applicant twenty-five years of age [and] 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 [his] a first New Mexico driver's license, shall submit evidence with [his] the application that [he] the applicant has successfully completed a bureau-approved DWI prevention and education program.
[G.] H. Whenever 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 3. 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.--
A. 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] include the following information:
(1) the licensee's full legal name;
(2) the licensee's date of birth;
(3) the licensee's current New Mexico physical [or mailing] address;
(4) a full face or front-view digital photograph of the [license holder and] licensee;
(5) a brief description of the licensee; [and] (6) the signature of the licensee; and
(7) the driver's license number.
B. A license shall not be valid unless it bears the signature of the licensee.
C. The date of birth shown on a driver's license shall coincide with the date of birth shown on the required documentation evidencing the applicant's age as provided in Section 66-5-9 NMSA 1978.
D. A license issued by the department shall include the following features and technology that meet applicable federal requirements for the issuance of driver's licenses:
(1) physical security features designed to prevent tampering, counterfeiting or duplication of the license for fraudulent purposes; and
(2) common machine-readable technology that has defined minimum data elements."
Section 4. Section 66-5-20 NMSA 1978 (being Laws 1978, Chapter 35, Section 242, as amended) is amended to read:
"66-5-20. REPLACEMENT LICENSES.--In the event that a permit or driver's license issued under the provisions of this article is lost, stolen, mutilated or destroyed, or in the event of a name or address change, the person to whom the permit or driver's license was issued may, upon payment of the required fee, obtain a replacement upon furnishing to the department the documentation required for proof of age and identity [satisfactory to the department] pursuant to Section 66-5-9 NMSA 1978. A person who loses a permit or driver's license and who, after obtaining a replacement, finds the original, shall immediately surrender the original to the department."
Section 5. Section 66-5-23 NMSA 1978 (being Laws 1978, Chapter 35, Section 245, as amended) is amended to read:
"66-5-23. RECORDS TO BE KEPT BY THE [DIVISION] DEPARTMENT.--
A. The [division] department shall file every application for a driver's license or a commercial driver's license pursuant to the provisions of the New Mexico Commercial Driver's License Act received by it and shall maintain suitable indexes containing:
(1) all applications denied and, on each, note the reasons for denial;
(2) all applications granted;
(3) the name of every licensee whose license has been suspended or revoked by the [division] department and, after each, note the reasons for the action; and
(4) the name of every licensee who has violated [his] the licensee's written promise to appear in court.
B. The department shall retain paper copies of the documents an applicant is required to submit pursuant to Section 66-5-9 NMSA 1978 for a minimum of seven years.
[B.] C. The [division] department shall also file all abstracts of court records of conviction or reports that it receives from the trial courts of this state or from a tribal court [which] that show either that a driver is a first offender or a subsequent offender and whether that offender was represented by counsel or waived the right to counsel, with attention to Article III of the Driver License Compact, and in connection therewith maintain convenient records or make suitable notations in order that the individual record of each licensee showing the convictions of the licensee in which [he] the licensee has been involved shall be readily ascertainable and available for the consideration of the [division] department upon any application for renewal of license and at other suitable times."
Section 6. Section 66-5-47 NMSA 1978 (being Laws 1978, Chapter 35, Section 269, as amended) is amended to read:
"66-5-47. PHOTOGRAPHS--EVIDENCE OF APPLICANT'S AGE.--[A.] The department shall digitally reproduce the likeness of [drivers] all applicants, subject to the following conditions:
[(1)] A. digital photographs [or other reproductions] of the likeness of all [persons] applicants shall show a full face or front view; and
[(2)] B. digital photographs or other reproductions of the likeness of all [persons] applicants under the age of twenty-one years shall have a printed legend, indicating that the person is under twenty-one, which shall be displayed in such manner as to be easily read by any person inspecting the license.
[B. Each applicant for an initial license or a replacement license shall produce evidence of the applicant's age. Proof of an applicant's age shall be a birth certificate, certified copy of a birth certificate, a church record purporting to show the date of birth and baptism, an acknowledged copy of the church record, a valid passport or other evidence which the secretary deems sufficient. The date of birth shown on any driver's license or any instruction permit issued by the department shall coincide with the date of birth shown on the proof of applicant's age.]"
Section 7. Section 66-5-401 NMSA 1978 (being Laws 1978, Chapter 35, Section 328, as amended) is amended to read:
"66-5-401. IDENTIFICATION CARDS.--
A. A person who does not have a valid New Mexico driver's license may be issued an identification card by the department certified by the applicant as to true name, correct age and other identifying data as the department may require. Every application for an identification card shall be accompanied by the proper fee and required documentation pursuant to Section 66-5-402 NMSA 1978. The application shall also 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.
B. 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 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."
Section 8. Section 66-5-402 NMSA 1978 (being Laws 1978, Chapter 35, Section 329, as amended) is amended to read:
"66-5-402. PERSONS ELIGIBLE FOR IDENTIFICATION CARDS--REQUIRED DOCUMENTATION.--
A. The department shall issue an identification card only to:
[A.] (1) a person who is a New Mexico resident and who does not have a valid New Mexico driver's license and only upon [the furnishing of a birth certificate or its certified copy, a certificate of baptism, a valid passport or other evidence that the department deems sufficient as documentary evidence of the age and identity of the person] verification by the department of the required documentation pursuant to Subsection B of this section; or
[B.] (2) a person over age sixty-five who is a New Mexico resident and who is surrendering a valid New Mexico driver's license, which license shall be sufficient documentary evidence of the age and identity of the person.
B. An applicant for an identification card shall submit the following documentation for verification by the department pursuant to the Motor Vehicle Code:
(1) a photo identity document, except that a non-photo identity document is acceptable if it includes both the applicant's full name and date of birth;
(2) a document evidencing proof of the applicant's age, including a birth certificate, certified copy of a birth certificate, a church record purporting to show the date of birth or an acknowledged copy of the church record or a valid passport;
(3) a document evidencing proof of the applicant's social security account number or verification that the applicant is not eligible for a social security account number;
(4) a document showing the applicant's name and New Mexico residence address; and
(5) a document evidencing proof that the applicant:
(a) is a citizen of the United States;
(b) is an alien lawfully admitted for permanent or temporary residence in the United States;
(c) has conditional permanent resident status in the United States;
(d) has an approved application for asylum in the United States or has entered into the United States in refugee status;
(e) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
(f) has a pending application for asylum in the United States;
(g) has approved deferred action status; or
(h) has a pending application for adjustment status to that of an alien lawfully admitted for permanent residence or conditional permanent resident status in the United States."
Section 9. Section 66-5-404 NMSA 1978 (being Laws 1978, Chapter 35, Section 331, as amended) is amended to read:
"66-5-404. DUPLICATE CARDS.--In the event an identification card issued pursuant to Section 66-5-402 NMSA 1978 is lost, stolen, destroyed or mutilated or a name or address is changed, the person to whom the identification card was issued may, upon payment of the required fee, obtain a replacement upon furnishing [satisfactory] to the department the documentation required for proof of age and identity [to the department and paying the required fee] pursuant to Section 66-5-402 NMSA 1978. [Any] A person who loses an identification card and who, after obtaining a replacement, finds the original card shall immediately surrender the original card to the department. The same documentary evidence shall be furnished for a replacement as for an original identification card."
Section 10. Section 66-5-405 NMSA 1978 (being Laws 1978, Chapter 35, Section 332, as amended) is amended to read:
"66-5-405. CONTENTS OF CARD.--
A. The identification card shall [adequately describe the registrant and bear his picture that shall show a full face or front view for all registrants and indicate donor status] include the following information:
(1) the registrant's full legal name;
(2) the registrant's date of birth;
(3) the registrant's current New Mexico physical address;
(4) a full face or front-view digital photograph of the registrant;
(5) a brief description of the registrant;
(6) the registrant's signature; and
(7) the identification card number.
B. All identification cards of persons under the age of twenty-one years shall have a printed legend indicating that the person is under twenty-one.
C. In addition to the information required by this section, the identification card shall bear the following statement:
"STATE OF NEW MEXICO IDENTIFICATION
CARD NO.____________
This card is provided solely for the purpose of establishing that the bearer described on the card was not the holder of a New Mexico driver's license as of the date of issuance of this card. This identification card is not a license. ISSUED FOR IDENTIFICATION PURPOSES ONLY".
D. An identification card issued by the department shall include the following features and technology that meet applicable federal requirements for the issuance of driver's licenses:
(1) physical security features designed to prevent tampering, counterfeiting or duplication of the license for fraudulent purposes; and
(2) common machine-readable technology that has defined minimum data elements."
Section 11. A new section of Chapter 66, Article 5 NMSA 1978 is enacted to read:
"[NEW MATERIAL] VERIFICATION OF REQUIRED DOCUMENTS.--
A. Before issuing a temporary license, provisional license, driver's license, instruction permit or identification card to an applicant, the department shall verify with the issuing agency or entity the issuance, validity and completeness of each document an applicant is required to submit pursuant to Sections 66-5-9 and 66-5-402 NMSA 1978. The department shall verify the social security account number of an applicant with the federal social security administration.
B. The department shall not accept any foreign document, other than an official country passport, to meet a requirement pursuant to Sections 66-5-9 and 66-5-402 NMSA 1978."
Section 12. A new section of Chapter 66, Article 5 NMSA 1978 is enacted to read:
"[NEW MATERIAL] TRAINING AND SECURITY CLEARANCE REQUIREMENTS.--
A. The department shall establish security clearance requirements for persons authorized by the department to manufacture or produce driver's licenses or identification cards. A person subject to the security clearance requirements shall satisfy those requirements prior to January 1, 2007.
B. The department shall establish a fraudulent document recognition training program. An employee of the department engaged in the issuance of driver's licenses or identification cards shall complete a fraudulent document recognition training program prior to January 1, 2007.
C. Rules established by the department to carry out the provisions of this section shall meet applicable federal requirements for the security of driver's licenses and identification cards."
Section 13. TEMPORARY PROVISION--TRANSITION.--
A. Temporary licenses, provisional licenses, driver's licenses, instructional permits and identification cards issued pursuant to Chapter 66, Article 5 NMSA 1978 prior to January 1, 2007 and expiring after March 11, 2008 shall remain valid until March 11, 2008.
B. Holders of a license, permit or identification card subject to Subsection A of this section may apply for a new license, permit or identification card pursuant to this act beginning January 1, 2007. The taxation and revenue department shall waive the required application and issuance fees for holders pursuant to this subsection; provided that the new license, permit or identification card issued by the taxation and revenue department shall expire on the same date in which the holder's license, permit or identification card issued prior to January 1, 2007 was set to expire.
C. Between July 1, 2006 and December 31, 2006, the taxation and revenue department shall notify by mail all holders of temporary licenses, provisional licenses, driver's licenses, instructional permits and identification cards of the requirements for application and licensure imposed by this act.
Section 14. APPROPRIATION.--Ten million dollars ($10,000,000) is appropriated from the general fund to the taxation and revenue department in fiscal years 2006 and 2007 to carry out the provisions of this act. The appropriation shall also be used to bring New Mexico into compliance with the security, fraud prevention, data retention, data storage and database linking requirements imposed by Title II of the federal REAL ID Act of 2005. Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the general fund.
Section 15. EFFECTIVE DATE.--The effective date of the provisions of Sections 12 through 14 of this act is March 1, 2006. The effective date of the provisions of Sections 1 through 11 of this act is January 1, 2007.
Section 16. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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