SENATE BILL 174
52nd legislature - STATE OF NEW MEXICO - second session, 2016
INTRODUCED BY
Daniel A. Ivey-Soto
AN ACT
RELATING TO COMPLIANCE WITH THE FEDERAL REAL ID ACT OF 2005; PROVIDING TWO TIERS OF DRIVER'S LICENSES AND IDENTIFICATION CARDS; CREATING DRIVER'S LICENSES AND IDENTIFICATION CARDS THAT MEET THE REQUIREMENTS OF THE FEDERAL REAL ID ACT OF 2005; REQUIRING PROOF OF LAWFUL STATUS IN THE UNITED STATES FOR APPLICANTS TO OBTAIN DRIVER'S LICENSES OR IDENTIFICATION CARDS THAT MEET THE REQUIREMENTS OF THE FEDERAL REAL ID ACT OF 2005; LIMITING THE VALIDITY PERIOD OF CERTAIN DRIVER'S LICENSES AND IDENTIFICATION CARDS; PROVIDING FOR THE EXCHANGE OF CERTAIN DRIVER'S LICENSES AND IDENTIFICATION CARDS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-1-4.10 NMSA 1978 (being Laws 1990, Chapter 120, Section 11) is amended to read:
"66-1-4.10. DEFINITIONS.--As used in the Motor Vehicle Code:
A. "laned roadway" means a roadway that is divided into two or more clearly marked lanes for vehicular traffic;
B. "law enforcement agency designated by the division" means the law enforcement agency indicated on the dismantler's notification form as the appropriate agency for the receipt of the appropriate copy of that form;
C. "lawful status" means the legal right to be present in the United States, as that phrase is used in the federal REAL ID Act of 2005;
[C.] D. "license", without modification, means any license, temporary instruction permit or temporary license issued or recognized under the laws of New Mexico pertaining to the licensing of persons to operate motor vehicles;
[D.] E. "lien" or "encumbrance" means every chattel mortgage, conditional sales contract, lease, purchase lease, sales lease, contract, security interest under the Uniform Commercial Code or other instrument in writing having the effect of a mortgage or lien or encumbrance upon, or intended to hold, the title to any vehicle in the former owner, possessor or grantor; and
[E.] F. "local authorities" means every county, municipality and any local board or body having authority to enact laws relating to traffic under the constitution and laws of this state."
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 OR RENEWAL.--
A. An application for an instruction permit, provisional license or driver's license or a renewal of 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 applicant's full legal name; [social security number or individual tax identification number] date of birth; sex; and current New Mexico residence address [of the applicant] and shall 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] shall establish by regulation [other] documents that may be accepted as [a substitute for a social security number or an individual tax identification number] evidence of the residency of the applicant. A person applying for or renewing a license that meets federal requirements to be accepted by federal agencies for official federal purposes shall provide documentation required by the federal government of the applicant's identity, date of birth, social security number, if applicable, address of current residence and lawful status. The department shall verify the applicant's lawful status and social security number, if applicable, through a method approved by the federal government.
C. An applicant shall indicate whether the applicant is applying for a license that meets federal requirements to be accepted by federal agencies for official federal purposes or a license not intended to be accepted by federal agencies for official federal purposes. A person with lawful status may apply for a license that meets federal requirements to be accepted by federal agencies for official federal purposes or a license not intended to be accepted by federal agencies for official federal purposes. The department shall issue a license not intended to be accepted by federal agencies for official federal purposes to an applicant who is otherwise eligible for a driver's license but who does not provide proof of lawful status. An applicant who does not provide proof of lawful status shall only apply for a license not intended to be accepted by federal agencies for official federal purposes.
D. An application by a foreign national with lawful status for a license that meets federal requirements to be accepted by federal agencies for official federal purposes shall contain the unique identifying number and expiration date, if applicable, of the foreign national's valid passport, valid visa, employment authorization card or other arrival- departure record or document issued by the federal government that conveys lawful status. The department may issue to an eligible foreign national applicant a license that meets federal requirements to be accepted by federal agencies for official federal purposes that is valid for a period not to exceed the duration of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the license shall expire one year after the effective date of the license.
E. For an application for a driver's license not intended to be accepted by federal agencies for official federal purposes, the secretary shall accept as proof of the applicant's identity:
(1) a social security number or an individual tax identification number;
(2) a passport from the applicant's country of citizenship or an identification card, issued by the consulate of Mexico in Albuquerque, New Mexico, the consulate general of Mexico in 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) a valid New Mexico license or identification card; or
(4) a document that the secretary has authorized.
[C.] F. 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.] G. 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.] H. 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.] I. 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.] J. 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.] K. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.
[I.] L. 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] All licenses shall bear the full legal name, date of birth, sex, current New Mexico [physical or mailing] residence address, a full-face or front-view digital photograph of the license holder, [and] a unique license number, a date of issuance, an expiration date, 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.
B. The department shall ensure that licenses that meet federal requirements to be accepted by federal agencies for official federal purposes and licenses not intended to be accepted by federal agencies for official federal purposes are distinguishable in color and design.
C. A license that meets federal requirements to be accepted by federal agencies for official federal purposes issued to a foreign national with lawful status who fails to prove that the foreign national's lawful status will not expire prior to the date on which the license applied for would expire but for the person being a foreign national shall clearly indicate on its face and in the machine readable zone that it is of limited term and shall bear the words "LIMITED TERM".
D. A license not intended to be accepted by federal agencies for official federal purposes shall bear the statement: "NOT FOR FEDERAL PURPOSES"."
SECTION 4. 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--LIMITED ISSUANCE PERIOD--FOUR-YEAR ISSUANCE PERIOD--EIGHT-YEAR ISSUANCE PERIOD--RENEWAL.--
A. Except as provided in [Subsection] Subsections B [or D] through F 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, except the department shall not renew by mail or telephonic or electronic means a license that meets federal requirements to be accepted by federal agencies for official federal purposes if prohibited by federal law. 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 that meets federal requirements to be accepted by federal agencies for official federal purposes issued to a foreign national with lawful status shall expire on the earliest of:
(1) thirty days after the applicant's twenty- first birthday, if issued prior to the applicant's twenty-first birthday;
(2) thirty days after the applicant's seventy-fifth birthday;
(3) thirty days after the applicant's birthday in the fourth year after the effective date of the license or in the eighth year after the effective date of the license if the applicant opted for a period of eight years pursuant to Subsection B of this section; or
(4) the expiration date of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the driver's license shall expire one year after the effective date of the license.
[E.] F. The [director may] secretary shall 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] and for licensure periods authorized pursuant to the provisions of this section."
SECTION 5. 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 reproduce the likeness of drivers, subject to the following conditions:
[(1)] A. photographs or other reproductions of the likeness of all persons shall [show] be a [full face] full-face or [front view] front-view digital photograph; and
[(2)] B. photographs or other reproductions of the likeness of all persons 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 6. Section 66-5-401 NMSA 1978 (being Laws 1978, Chapter 35, Section 328, as amended) is amended to read:
"66-5-401. IDENTIFICATION CARDS--APPLICATION.--
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].
The department shall establish two distinct identification cards as provided in Section 66-5-405 NMSA 1978: an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes and an identification card not intended to be accepted by federal agencies for official federal purposes. An application for an identification card or renewal of an identification card shall be made upon a form furnished by the department. An application for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall contain the applicant's full legal name; date of birth; sex; and current New Mexico residence address and shall briefly describe the applicant. The secretary shall establish by regulation documents that may be accepted as evidence of the residency of the applicant. A person applying for or renewing an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall provide documentation required by the federal government of the applicant's identity, date of birth, social security number, if applicable, address of current residence and lawful status. The department shall verify the applicant's lawful status and social security number, if applicable, through a method approved by the federal government. A person applying for or renewing an identification card not intended to be accepted by federal agencies for official federal purposes shall provide documentation of the applicant's identity, date of birth, social security number, if applicable, and address of current residence. The department shall verify the applicant's social security number, if applicable.
B. An applicant shall indicate whether the applicant is applying for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes or an identification card not intended to be accepted by federal agencies for official federal purposes. A person with lawful status may apply for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes or an identification card not intended to be accepted by federal agencies for official federal purposes. An applicant who does not provide proof of lawful status shall only apply for an identification card not intended to be accepted by federal agencies for official federal purposes. The department shall issue an identification card not intended to be accepted by federal agencies for official federal purposes to an applicant who is otherwise eligible for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes but who does not provide proof of lawful status. Every application for an identification card shall 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.
C. An application by a foreign national with lawful status for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall contain the unique identifying number and expiration date, if applicable, of the foreign national's valid passport, valid visa, employment authorization card or other arrival-departure record or document issued by the federal government that conveys lawful status. The department may issue to an eligible foreign national applicant an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes that is valid for a period not to exceed the duration of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the identification card shall expire one year after the effective date of the identification card.
D. For an application for an identification card not intended to be accepted by federal agencies for official federal purposes, the secretary shall accept as proof of the applicant's identity:
(1) a social security number or an individual tax identification number;
(2) a passport from the applicant's country of citizenship or an identification card, issued by the consulate of Mexico in Albuquerque, New Mexico, the consulate general of Mexico in 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) a valid New Mexico license or identification card; or
(4) a document that the secretary has authorized.
[B.] E. 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 Jonathan Spradling Revised 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 7. 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.--The department [shall] may issue an identification card only to [A.] 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; or
B. 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]."
SECTION 8. Section 66-5-403 NMSA 1978 (being Laws 1973, Chapter 269, Section 3, as amended by Laws 2010, Chapter 42, Section 3 and by Laws 2010, Chapter 70, Section 3) is amended to read:
"66-5-403. EXPIRATION OF IDENTIFICATION CARDS--DURATION--RENEWAL.--
A. Except as provided in [Subsection B or C] Subsections B through D of this section, every identification card shall be issued for a period not to exceed four years and shall expire on the last day of the month of the identified person's birth in the fourth year after the effective date of the identification card.
B. An identification card may be renewed within ninety days prior to its expiration or at an earlier date approved by the department. An identification card may be renewed by mail or telephonic or electronic means pursuant to regulations adopted by the department, except the department shall not renew by mail or telephonic or electronic means an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes if prohibited by federal law. The regulations shall ensure adequate security measures to safeguard personal information that is obtained in the issuance of an identification card.
C. At the option of the applicant for an identification card, a card may be issued for a period of eight years, provided that the applicant pays the amount required for an identification card issued for a term of eight years. An identification card issued pursuant to the provisions of this subsection shall expire on the last day of the month of the applicant's birth in the eighth year after the effective date of the identification card. The identification card may be renewed within ninety days prior to its expiration.
D. An identification card that meets federal requirements to be accepted by federal agencies for official federal purposes issued to a foreign national with lawful status shall expire on the earliest of:
(1) the last day of the month of the applicant's birth in the fourth year after the effective date of the identification card or in the eighth year after the effective date of the identification card if the applicant opted for a period of eight years pursuant to Subsection C of this section; or
(2) the expiration date of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the identification card shall expire one year after the effective date of the identification card."
SECTION 9. 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.--[The]
A. All identification [card] cards shall [adequately describe the registrant and bear his picture that shall show a full face or front view for all registrants and] bear the full legal name, date of birth, sex, current New Mexico residence address, a full-face or front-view digital photograph of the identification card holder, a unique identification card number, a date of issuance, an expiration date, a brief description of the identification card holder and the signature of the holder, and the identification card shall indicate donor status. 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. [The]
B. An identification card not intended to be accepted by federal agencies for official federal purposes 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. NOT FOR FEDERAL PURPOSES.".
C. An identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall be distinguishable in color and design from an identification card not intended to be accepted by federal agencies for official federal purposes and shall bear the statement:
"STATE OF NEW MEXICO IDENTIFICATION
CARD NO.____________________
This identification card is not a license. ISSUED FOR IDENTIFICATION PURPOSES ONLY."
D. An identification card that meets federal requirements to be accepted by federal agencies for official federal purposes issued to a foreign national with lawful status who fails to prove that the foreign national's lawful status will not expire prior to the date on which the identification card applied for would expire but for the person being a foreign national shall clearly indicate on its face and in the machine readable zone that it is of limited term and shall bear the words "LIMITED TERM"."
SECTION 10. A new section of the Motor Vehicle Code is enacted to read:
"[NEW MATERIAL] ISSUANCE OF DOCUMENTS THAT MEET FEDERAL REQUIREMENTS TO BE ACCEPTED BY FEDERAL AGENCIES FOR OFFICIAL FEDERAL PURPOSES--REIMBURSEMENT.--
A. On or before six months from the effective date of this 2016 act, the department shall establish and issue to qualified applicants licenses and identification cards that meet federal requirements to be accepted by federal agencies for official federal purposes. The department shall adopt the general design marking known as gold star pursuant to the Department of Homeland Security REAL ID Security Plan Guidance Handbook to implement the provisions of this subsection.
B. Provided that a person provides the required documentation and qualifies for the license or identification card issued pursuant to Subsection A of this section, the person may:
(1) exchange that person's valid New Mexico-issued license or identification card for a license or identification card issued pursuant to Subsection A of this section with an identical expiration date at no cost; or
(2) apply for a new license or identification card issued pursuant to Subsection A of this section.
C. The secretary shall adopt regulations providing for the proration of a:
(1) refund for the remaining period that a person's license or identification card would have been valid; or
(2) credit for the remaining period that a person's license or identification card would have been valid toward the cost of a new license or identification card."
SECTION 11. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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