HOUSE BILL 1206
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Antonio "Moe" Maestas
AN ACT
RELATING TO CORRECTIONS; REQUIRING THE CORRECTIONS DEPARTMENT TO PROVIDE CERTAIN INFORMATION TO INMATES UPON RELEASE; PROVIDING FOR WAIVER OF FEES FOR NEW MEXICO DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS FOR PERSONS RECENTLY RELEASED FROM CORRECTIONAL FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of Chapter 33, Article 2 NMSA 1978 is enacted to read:
"[NEW MATERIAL] RELEASE OF INMATES FROM CORRECTIONAL FACILITIES--INFORMATION TO BE PROVIDED.--The corrections department shall provide to an inmate, upon the inmate's release from a correctional facility under the jurisdiction of the corrections department, detailed instructions regarding how to obtain a federal social security card, personal identification card and New Mexico driver's license, including reinstatement of a driver's license, and the fees that may apply."
Section 2. Section 66-5-33.1 NMSA 1978 (being Laws 1985, Chapter 47, Section 1, as amended) is amended to read:
"66-5-33.1. REINSTATEMENT OF DRIVER'S LICENSE OR REGISTRATION--FEE.--
A. Whenever a driver's license or registration is suspended or revoked and an application has been made for its reinstatement, compliance with all appropriate provisions of the Motor Vehicle Code and the payment of a fee of twenty-five dollars ($25.00) is a prerequisite to the reinstatement of any license or registration.
B. If a driver's license was suspended or revoked for driving while under the influence of intoxicating liquor or drugs, for aggravated driving while under the influence of intoxicating liquor or drugs or for a violation of the Implied Consent Act, an additional fee of seventy-five dollars ($75.00) is required to be paid to reinstate the driver's license. Fees collected pursuant to this subsection are appropriated to the local governments road fund. The department shall maintain an accounting of the fees collected pursuant to this subsection and shall report that amount upon request to the legislature.
C. Upon proof satisfactory to the department, the department shall waive the fees for reinstatement of a driver's license pursuant to this section for an applicant who applies for reinstatement of a driver's license within thirty days of release from a correctional facility under the jurisdiction of the corrections department."
Section 3. 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. 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. 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.
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. Upon proof satisfactory to the department, the department shall waive the fees for a driver's license pursuant to this section for an applicant who applies for a driver's license within thirty days of release from a correctional facility under the jurisdiction of the corrections department."
Section 4. Section 66-5-408 NMSA 1978 (being Laws 1978, Chapter 35, Section 335, as amended) is amended to read:
"66-5-408. FEES.--
A. Upon application for an identification card with a four-year term, there shall be paid to the department a fee of five dollars ($5.00). Upon application for an identification card with an eight-year term, there shall be paid to the department a fee of ten dollars ($10.00).
B. A fee shall not be charged to an applicant for an identification card if the applicant is at least seventy-five years of age.
C. Upon proof satisfactory to the department, the department shall waive the fees for a personal identification card pursuant to this section for an applicant who applies for a personal identification card within thirty days of release from a correctional facility under the jurisdiction of the corrections department.
[B.] D. The department with the approval of the governor may increase the amount of the identification card fee by an amount not to exceed three dollars ($3.00) for the purpose of implementing an enhanced licensing system; provided that for an identification card issued for an eight-year period, the amount of the fee shall be twice the amount charged for other identification cards. The additional amounts collected pursuant to this subsection are appropriated to the department to defray the expense of the new system of licensing."
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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