HOUSE BILL 261
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
William "Bill" R. Rehm
AN ACT
RELATING TO MOTOR VEHICLES; ESTABLISHING A NEW EXPIRATION DATE FOR DRIVER'S LICENSES ISSUED TO CERTAIN FOREIGN NATIONALS; CREATING A LIMITED DRIVING PERMIT FOR UNDOCUMENTED FOREIGN NATIONALS; PROVIDING FOR VOLUNTARY SURRENDER OF CERTAIN DRIVER'S LICENSES AND ISSUANCE OF DRIVING PERMITS; PROVIDING FOR REFUNDS IN CERTAIN CASES; REQUIRING SURRENDER OF CERTAIN LICENSES AFTER DECEMBER 31, 2011; PROVIDING FOR NOTICE; PROVIDING FOR HEARINGS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-5-5 NMSA 1978 (being Laws 1978, Chapter 35, Section 227, as amended by Laws 2007, Chapter 316, Section 1 and by Laws 2007, Chapter 317, Section 1) is amended to read:
"66-5-5. PERSONS NOT TO BE LICENSED.--The division shall not issue a driver's license under the Motor Vehicle Code to any person:
A. who is under the age of eighteen years, except the division may, in its discretion, issue:
(1) an instruction permit to a person who is fifteen years of age or over and who is enrolled in and attending or has completed a driver education course that includes a DWI education and prevention component approved by the bureau or offered by a public school;
(2) a provisional license to any person who is fifteen years and six months of age or older:
(a) who has completed a driver education course approved by the bureau or offered by a public school that includes a DWI education and prevention component and has had an instruction permit for at least six months; and
(b) who has successfully completed a practice driving component;
(3) a driver's license to any person who is sixteen years and six months of age or older:
(a) who has had a provisional license for the twelve-month period immediately preceding the date of the application for the driver's license;
(b) who has complied with restrictions on that license;
(c) who has not been convicted of a traffic violation that was committed during the ninety days prior to applying for a driver's license; and
(d) who has not been adjudicated for an offense involving the use of alcohol or drugs during that period and who has no pending adjudications alleging an offense involving the use of alcohol or drugs at the time of application; and
(4) to any person who is thirteen years of age or older and who passes an examination prescribed by the division, a license restricted to the operation of a motorcycle, provided:
(a) the motorcycle is not in excess of one hundred cubic centimeters displacement;
(b) no holder of an initial license may carry any other passenger while driving a motorcycle; and
(c) the director approves and certifies motorcycles as not in excess of one hundred cubic centimeters displacement and by rule provides for a method of identification of such motorcycles by all law enforcement officers;
B. whose license or driving privilege has been suspended or denied, during the period of suspension or denial, or to any person whose license has been revoked, except as provided in Section 66-5-32 NMSA 1978 and the Ignition Interlock Licensing Act;
C. who is an habitual user of narcotic drugs or alcohol or an habitual user of any drug to a degree that renders the person incapable of safely driving a motor vehicle;
D. who is four or more times convicted of driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug regardless of whether the convictions are under the laws or ordinances of this state or any municipality or county of this state or under the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof, except as provided in the Ignition Interlock Licensing Act. Five years from the date of the fourth conviction and every five years thereafter, the person may apply to any district court of this state for restoration of the license, and the court, upon good cause being shown, may order restoration of the license applied for; provided that the person has not been subsequently convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs. Upon issuance of the order of restoration, a certified copy shall immediately be forwarded to the division, and if the person is otherwise qualified for the license applied for, the four previous convictions shall not prohibit issuance of the license;
E. who was convicted on or after June 17, 2005 of driving a motor vehicle while under the influence of intoxicating liquor or drugs pursuant to the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof, unless the person obtains an ignition interlock license as provided in the Ignition Interlock Licensing Act for a period of one year for a first conviction; a period of two years for a second conviction; a period of three years for a third conviction; or the remainder of the offender's life for a fourth or subsequent conviction, subject to a five-year review as provided in Subsection D of this section. Upon presentation of proof satisfactory to the division, the division may credit time spent by a person operating a motor vehicle with an ignition interlock or comparable device, as a condition of the person's sentence for a conviction in another jurisdiction pursuant to this subsection, against the ignition interlock time requirements imposed by this subsection. The division shall promulgate rules necessary for granting credit to persons who participate in comparable out-of-state programs following a conviction for driving a motor vehicle while under the influence of intoxicating liquor or drugs. The requirements of this subsection shall not apply to a person who applies for a driver's license ten years or more from the date of the person's last conviction, except for a person who is subject to lifetime driver's license revocation for a conviction in another jurisdiction [pursuant to this subsection]; F. who has previously been afflicted with or who is suffering from any mental disability or disease that would render the person unable to drive a motor vehicle with safety upon the highways and who has not, at the time of application, been restored to health;
G. who is required by the Motor Vehicle Code to take an examination, unless the person has successfully passed the examination;
H. who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;
I. when the director has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare; [or]
J. as a motorcycle driver who is [less than] under eighteen years of age and who has not presented a certificate or other evidence of having successfully completed a motorcycle driver education program licensed or offered in conformance with rules of the bureau; or
K. except as provided in Section 5 of this 2011 act, who is not a citizen of the United States and who does not have valid documentation issued by the federal government authorizing the applicant's presence in the United States."
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. 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. For [foreign nationals applying for driver's licenses] an applicant who is a foreign national, who is not a citizen of the United States and who has valid documentation issued by the federal government authorizing the applicant's presence in the United States,
the secretary shall accept the individual taxpayer identification number as a substitute for a social security number [regardless of immigration status]. Except as provided in Section 5 of this 2011 act, a person who is a foreign national, who is not a citizen of the United States and who does not have valid documentation issued by the federal government authorizing the applicant's presence in the United States is not eligible for a license or permit issued by the department. 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. 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. An applicant [less than] who is under eighteen years of age and who is making an application to be granted [his] the applicant's 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. An applicant who is eighteen years of age [and] or over but less than twenty-five years of age and who is making an application to be granted [his] the applicant's 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. An applicant who is 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] the applicant's 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. 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. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.
I. This section does not apply to driver's licenses issued pursuant to the New Mexico Commercial Driver's License Act."
SECTION 3. Section 66-5-17 NMSA 1978 (being Laws 1978, Chapter 35, Section 239) is amended to read:
"66-5-17. USE OF LICENSE FOR IDENTIFICATION.--
A. In any criminal prosecution, civil action or administrative proceeding charging violation of a statute, ordinance or regulation concerning the sale, consumption or possession of alcoholic beverages involving minors, proof that the person charged, in good faith, demanded and was shown a valid driver's license shall be valid defense to [such] the prosecution, civil action or administrative proceeding.
B. The defense available in Subsection A of this section does not apply to a driving permit issued pursuant to Section 5 of this 2011 act.
C. A driving permit issued pursuant to Section 5 of this 2011 act provides for driving privileges only and shall not be used or accepted as proof of personal identification or legal presence in the United States."
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--FOUR-YEAR ISSUANCE PERIOD--EIGHT-YEAR ISSUANCE PERIOD--RENEWAL.--
A. Except as provided in Subsection B or D of this section, Section 66-5-19 NMSA 1978, [and] Section 66-5-67 NMSA 1978 and Section 5 of this 2011 act, 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; provided that driver's licenses that expire pursuant to Subsection A or B of Section 5 of this 2011 act shall not be renewed. 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. 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. The director may 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 for licensure periods authorized pursuant to the provisions of this section."
SECTION 5. A new section of the Motor Vehicle Code is enacted to read:
"[NEW MATERIAL] EXPIRATION OF LICENSES ISSUED TO CERTAIN FOREIGN NATIONALS--SURRENDER OF DRIVER'S LICENSES--DRIVING PERMITS--REFUNDS--ENFORCEMENT--IDENTIFYING LICENSES--NOTICE.--
A. A driver's license issued or renewed to a foreign national who provided with the application valid documentation issued by the federal government authorizing the foreign national's presence in the United States shall expire on the date of the expiration of the foreign national's documentation authorizing presence in the United States, notwithstanding a later expiration date printed on the driver's license.
B. A driver's license issued or renewed to a foreign national who did not provide with the application valid documentation issued by the federal government authorizing the foreign national's presence in the United States shall expire no later than December 31, 2011, notwithstanding a later expiration date printed on the driver's license.
C. A foreign national whose driver's license expires pursuant to Subsection A or B of this section may surrender the license to the department on or prior to the expiration date described in those subsections, in which case the department shall issue to the foreign national, at no further cost to the foreign national and valid until December 31, 2012, a driving permit pursuant otherwise to Subsection E of this section.
D. After December 31, 2011, a foreign national subject to Subsection A or B of this section who did not surrender a driver's license on or prior to December 31, 2011 may apply for a driving permit pursuant to Subsection E of this section.
E. On and after July 1, 2011, a person who is a foreign national, who is not a citizen of the United States and who does not have valid documentation issued by the federal government authorizing the person's presence in the United States, but who otherwise meets all of the requirements in the Motor Vehicle Code for the application and issuance of a driver's license, shall be issued a driving permit subject in the same manner as a driver's license to the Motor Vehicle Code, except as provided in this section.
F. The driving permit shall be issued for a period of one year from the date of issuance for a fee of ten dollars ($10.00) plus other fees charged for the issuance of a driver's license. The driving permit may be renewed annually in a manner determined by the department for a fee of ten dollars ($10.00) plus other fees charged for the renewal of a driver's license.
G. The department shall determine a unique form of the driving permit described in this section to include a conspicuously displayed statement to the effect that the driving permit only provides driving privileges and is not evidence of personal identification in New Mexico or legal presence in the United States.
H. If the department determines that a foreign national has paid an amount for a driver's license that expires pursuant to Subsection A or B of this section that is in excess of the cost of issuing a driving permit pursuant to Subsection E of this section, the department shall refund the excess amount to the foreign national.
I. After December 31, 2011, when a law enforcement officer in the course of enforcing a provision of the Motor Vehicle Code, except for a provision of this section, encounters a person using a driver's license that expired pursuant to Subsection A or B of this section, the person shall surrender the expired driver's license to the officer and the person shall be in violation of Section 66-5-2 NMSA 1978. The officer shall inform the person of the availability of a driving permit pursuant to this section and shall send the driver's license to the department with a statement summarizing the circumstances of the surrender of the driver's license.
J. The department shall identify, through its records, which of the currently issued driver's licenses are those described in Subsections A and B of this section and shall devise a means of identifying those driver's licenses to law enforcement officers requesting that information.
K. No later than July 31, 2011, the department shall send a written notice to the last known address, as shown in the records of the department, of a foreign national whose driver's license the department has identified pursuant to this subsection prior to July 31, 2011, informing the foreign national of the expiration of the license pursuant to this section and the opportunity to surrender the license and to receive a driving permit pursuant to this section. After July 31, 2011 and until December 31, 2011, the department shall continue to send the notice to foreign nationals as additional driver's licenses are identified pursuant to this subsection.
L. A person required to surrender a driver's license pursuant to Subsection I of this section may request, and the department shall provide, an opportunity for a hearing as early as practicable within not to exceed twenty days, not counting Saturdays, Sundays and legal holidays, after receipt of the request in the county wherein the licensee resides unless the department and the person agree that the hearing may be held in some other county; provided that the hearing request is received within twenty days from the date that the license was surrendered. The director may extend the twenty-day period. At the hearing, the director or the director's duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of documents. At the hearing, after the introduction of evidence or legal arguments, the director shall determine if the license expired pursuant to this section and was required to be surrendered. If the director determines that the license expired pursuant to this section, the director shall keep possession of the expired license. If the director determines that the license did not expire pursuant to this section, the director shall return the license to the person requesting the hearing and a citation issued for violation of Section 66-5-2 NMSA 1978 shall be dismissed."
SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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