SENATE BILL 622
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
John Arthur Smith
AN ACT
RELATING TO DRIVER'S LICENSES; REQUIRING FOREIGN NATIONALS TO SUBMIT DRIVING RECORDS AND FINGERPRINTS FOR IDENTIFICATION PURPOSES WHEN APPLYING FOR DRIVER'S LICENSES; PROVIDING AN EXCEPTION; REQUIRING A REASONABLE FEE; MAKING AN APPROPRIATION.
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 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.
C. For a foreign [nationals] national applying for a driver's [licenses] license, the secretary shall accept the applicant's individual taxpayer identification number as a substitute for a social security number regardless of immigration status. The secretary is authorized to establish by [regulation] rule other documents that may be accepted as a substitute for a social security number or an individual tax identification number. The secretary shall also require a foreign national applicant for a driver's license to submit:
(1) if currently or previously licensed in another jurisdiction, a certified copy of the applicant's driving record, together with an English language translation of the record if it is in another language, from each jurisdiction where the applicant is currently or was previously licensed; and
(2) a full set of fingerprints to be used for a nationwide identity verification background check that uses any international, federal or state repository of appropriate identification information, unless the applicant has a current visa issued by the United States or other valid federal immigration documentation. The results of the background check shall be used solely to verify the applicant's identity. An applicant's failure to provide required or correct information in the application may result in cancellation of the license pursuant to Section 66-5-24 NMSA 1978.
D. A driver's license issued to a foreign-national licensee by the division before July 1, 2006 shall no longer be valid unless the licensee submits a full set of fingerprints for a background check as described in Subsection C of this section. On and after July 1, 2006, a foreign-national licensee shall be required to submit a full set of fingerprints to the division no later than the first business day of the month in which the licensee's license expires; provided that the requirement to submit fingerprints in this subsection shall not apply to a foreign-national licensee who has a current visa issued by the United States or other valid immigration documentation.
[C.] E. 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.] F. 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.] G. 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.] H. 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.] I. 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.] J. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.
[I.] K. This section does not apply to driver's licenses issued pursuant to the New Mexico Commercial Driver's License Act."
Section 2. Section 66-5-44 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. An applicant or licensee who is required to submit a set of fingerprints for a background check pursuant to Section 66-5-9 NMSA 1978 shall pay a reasonable fee to the department, which fee shall be established by department rule. Money from the fees collected pursuant to this subsection is appropriated to the division to defray the costs of background checks."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2006.
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