SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
SENATE BILL 427
53rd legislature - STATE OF NEW MEXICO - first session, 2017
AN ACT
RELATING TO THE MOTOR VEHICLE CODE; ALLOWING VALID OR RECENTLY EXPIRED NEW MEXICO LICENSES AND IDENTIFICATION CARDS TO SATISFY THE IDENTIFICATION NUMBER, IDENTITY, AGE AND RESIDENCY REQUIREMENTS TO RECEIVE A DRIVING AUTHORIZATION CARD OR A NON-REAL ID IDENTIFICATION CARD; CHANGING THE VALIDITY PERIOD FOR CERTAIN DRIVING AUTHORIZATION CARDS AND IDENTIFICATION CARDS; ALLOWING A PERSON'S MEDICARE CARD TO SATISFY THE IDENTITY NUMBER REQUIREMENT TO RECEIVE A LICENSE OR IDENTIFICATION CARD.
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, INSTRUCTION PERMIT OR DRIVING AUTHORIZATION CARD OR RENEWAL.--
A. An application for an instruction permit, provisional license, driver's license or driving authorization card or a renewal of an instruction permit, provisional license, driver's license or driving authorization card shall be made upon a form furnished by the department. An application shall be accompanied by the proper fee. For permits, provisional licenses, driver's licenses or driving authorization cards 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; date of birth; sex; and current New Mexico residence address 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. 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 a driver's license 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. For an applicant for a driver's license or a renewal of a driver's license, the department shall verify the applicant's lawful status and social security number, if applicable, through a method approved by the federal government.
C. Pursuant to the federal REAL ID Act of 2005, the secretary shall establish a written, defined exception process to allow a person to demonstrate the person's identity, age and lawful status. The process shall allow a person to use:
(1) a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo to demonstrate the person's identity or age or to demonstrate the person's lawful status, if applicable; and
(2) a medicare card to demonstrate the person's identity number.
D. A person with lawful status may apply for a driver's license or a driving authorization card.
E. An applicant shall indicate whether the applicant is applying for a driver's license or a driving authorization card. The department shall issue a driving authorization card to an applicant who is otherwise eligible for a driver's license but who does not provide proof of lawful status and who affirmatively acknowledges that the applicant understands that a driving authorization card is not valid for federal purposes. An applicant who does not provide proof of lawful status shall only apply for a driving authorization card. Except as otherwise provided in the Motor Vehicle Code, the department may treat driving authorization cards as driver's licenses.
F. An application by a foreign national with lawful status for a driver's license shall contain the unique identifying number and expiration date, if applicable, of the foreign national's valid passport, valid visa, employment authorization card issued under the applicant's approved deferred action status 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 driver's license 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.
G. Except as provided in Subsection H of this section, an application for a driving authorization card shall include proof of the applicant's identity and age as shown by:
(1) a social security number, a medicare card 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;
(4)] (3) a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo; or
[(5)] (4) a document that the secretary has authorized.
H. An applicant who provides a New Mexico license that is valid or has been expired for one year or less or a New Mexico identification card that is valid or has been expired for one year or less shall be deemed to have satisfied the requirement that an applicant provide proof of the applicant's identity number, identity, age and New Mexico residency requirement required for the applicant to be issued a driving authorization card.
[H.] I. 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, driving authorization card, 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, driving authorization card, 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.
[I.] J. An applicant under eighteen years of age who is making an application for a first New Mexico driver's license or driving authorization card 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 or driving authorization card; 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 or driving authorization card and that there are no pending adjudications alleging an offense involving the use of alcohol or drugs at the time of application.
[J.] K. 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 or driving authorization card shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program.
[K.] L. 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 or driving authorization card shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program.
[L.] M. 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.
[M.] N. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.
[N.] O. This section does not apply to licenses issued pursuant to the New Mexico Commercial Driver's License Act."
SECTION 2. Section 66-5-15.2 NMSA 1978 (being Laws 2016, Chapter 79, Section 15) is amended to read:
"66-5-15.2. PHOTOGRAPH--FINGERPRINTS.--
A. The taxation and revenue department shall take a full-face or front-view photograph and the fingerprints of an applicant for a driving authorization card or an identification card not intended to be accepted by federal agencies for official federal purposes who does not provide proof of lawful status [and] or who does not possess a [valid] New Mexico license or identification card that is valid or has been expired for one year or less. The taxation and revenue department is authorized to submit fingerprint data to the department of public safety and obtain the criminal history record of an applicant from the department of public safety. The department of public safety is authorized to submit the fingerprint data to the federal bureau of investigation to conduct a background check of the applicant's criminal history pursuant to the federal bureau of investigation appropriation in Title 42 of Public Law 92-544.
B. An applicant is ineligible for a driving authorization card or identification card not intended to be accepted by federal agencies for official federal purposes and shall not be issued a driving authorization card or identification card not intended to be accepted by federal agencies for official federal purposes if information provided pursuant to Subsection A of this section reveals that the:
(1) applicant has an outstanding valid criminal arrest warrant; or
(2) applicant's fingerprints are associated with any name, date of birth or social security number other than those provided by the applicant in the application for a driving authorization card or identification card not intended to be accepted by federal agencies for official federal purposes.
C. An applicant ineligible for a driving authorization card or identification card not intended to be accepted by federal agencies for official federal purposes pursuant to Subsection B of this section shall become eligible upon submission of satisfactory evidence that the basis for ineligibility has been resolved."
SECTION 3. Section 66-5-21 NMSA 1978 (being Laws 1978, Chapter 35, Section 243, as amended) 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 Subsections B through [I] G of this section, Section 66-5-19 NMSA 1978 and Section 66-5-67 NMSA 1978, all 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-ninth 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 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 license, except the department shall not renew by mail or telephonic or electronic means a license if prohibited by federal law. The department may require an examination upon renewal of the 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-nine 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 eight years 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 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-ninth birthday;
(3) thirty days after the applicant's birthday in the fourth year after the effective date of the license or eight years 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.
F. A driving authorization card [issued to an applicant who provides proof of 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-ninth birthday; or
(3) thirty days after the applicant's birthday in the fourth year after the effective date of the license.
[G. A driving authorization card issued to an applicant who does not provide proof of 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- ninth birthday; or
(3) two years after the effective date of the driving authorization card.
H. A driving authorization card that is valid for two years issued pursuant to Subsection G of this section shall, upon renewal and for subsequent renewals, be valid for four years.
I.] G. The secretary shall adopt regulations providing for the proration of driver's license fees, driving authorization card fees and commercial driver's license fees due to shortened licensure periods permitted pursuant to Subsection A of Section 66-5-19 NMSA 1978 and for licensure periods authorized pursuant to the provisions of this section."
SECTION 4. 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 or driving authorization card may be issued an identification card by the department. 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 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 rule documents that may be accepted as evidence of the residency of the applicant. 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. 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. Pursuant to the federal REAL ID Act of 2005, the secretary shall establish a written, defined exception process to allow a person to demonstrate the person's identity, age and lawful status. The process shall allow a person to use a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo to demonstrate the person's identity or age or to demonstrate the person's lawful status, if applicable, and shall allow a person to use a medicare card to demonstrate the person's identity number. 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. 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.
B. 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 issued under the applicant's approved deferred action status 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.
C. 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 but who does not provide proof of lawful status and who affirmatively acknowledges that the applicant understands that an identification card not intended to be accepted by federal agencies for official federal purposes is not valid for 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. Except as provided in Subsection D of this section, 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 and age:
(1) a social security number, a medicare card 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;
(4)] (3) a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo; or
[(5)] (4) a document that the secretary has authorized.
D. An applicant who provides a New Mexico license that is valid or has been expired for one year or less or a New Mexico identification card that is valid or has been expired for one year or less shall be deemed to have satisfied the requirement that an applicant provide proof of the applicant's identity number, identity, age and New Mexico residency requirement required for the applicant to be issued an identification card not intended to be accepted by federal agencies for official federal purposes.
[D.] E. The secretary may adopt rules providing for the proration of fees due to shortened validity periods authorized pursuant to the provision of this section.
[E.] F. 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 5. Section 66-5-403 NMSA 1978 (being Laws 1973, Chapter 269, Section 3, as amended) is amended to read:
"66-5-403. EXPIRATION OF IDENTIFICATION CARDS--DURATION--RENEWAL.--
A. Except as provided in Subsections B through [G] E 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 eight years 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 earlier of:
(1) [the last day of the month of the applicant's birth in the fourth year] four years after the effective date of the identification card or eight years 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.
E. An identification card not intended to be accepted by federal agencies for official federal purposes [issued to an applicant who provides proof of lawful status shall expire on the last day of the month of the applicant's birth in the fourth year after the effective date of the identification card.
F. An identification card not intended to be accepted by federal agencies for official federal purposes issued to an applicant who does not provide proof of lawful status] shall expire [two] four years after the effective date of the identification card.
[G. An identification card that is valid for two years issued pursuant to Subsection F of this section shall, upon renewal and for subsequent renewals, be valid for four years.]"
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