HB0026

HOUSE BILL 26

50th legislature - STATE OF NEW MEXICO - first special session, 2011

INTRODUCED BY

Thomas A. Anderson

AN ACT

RELATING TO DRIVER'S LICENSES; PROVIDING FOR A TWO-TIERED SYSTEM OF DRIVER'S LICENSES AND IDENTIFICATION CARDS; REQUIRING A SOCIAL SECURITY NUMBER FROM ELIGIBLE APPLICANTS FOR DRIVER'S LICENSES; PROVIDING FOR DRIVER'S LICENSES AND IDENTIFICATION CARDS FOR USE OR RECOGNITION FOR OFFICIAL FEDERAL PURPOSES; LIMITING THE DURATION OF DRIVER'S LICENSES AND IDENTIFICATION CARDS OF CERTAIN FOREIGN NATIONALS WHO APPLY FOR A DRIVER'S LICENSE FOR USE OR RECOGNITION FOR OFFICIAL FEDERAL PURPOSES; 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 legal name, social security number [or individual tax identification number], except for an applicant ineligible for a social security 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, 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 establish, by regulation, [other] documents that may be accepted as [a substitute for a social security number or an individual tax identification number] documentary evidence of the identity and residency of the applicant.

C. In addition to the requirements of Subsection B of this section, an application by a foreign national shall contain the unique identifying number of the foreign national's valid passport, valid visa or other arrival-departure record or document issued by the federal department of homeland security and the expiration date of the foreign national's authorized period of admission or extension of stay as demonstrated on the foreign national's valid passport, valid visa or other arrival- departure record or document issued by the federal department of homeland security. The department may issue to an eligible foreign national applicant a driver's license that is valid only for the duration of the foreign national's authorized period of admission or extension of stay.

D. The department shall issue a driver's license that is not acceptable by federal agencies for official federal purposes to an applicant who is otherwise eligible but who does not provide a social security number or proof of authorized presence in the United States. As substitutes for otherwise required documentary evidence of the identity and residency of the applicant for a driver's license that is not acceptable by federal agencies for official federal purposes, the secretary shall:

(1) accept an individual tax identification number, or a document that the secretary has authorized as an acceptable substitute for an individual tax identification number;

(2) accept one proof of identity, the requirement of which shall be satisfied by:

(a) a birth certificate, either an original or a certified copy, including a foreign birth certificate with a notarized English translation, if necessary; or

(b) a form of photo identification, the requirement of which shall be satisfied by a passport from the applicant's country of citizenship or an identification card,

issued by the Mexican consulate in Albuquerque, New Mexico, or 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) accept two independent forms of proof of the applicant's residency in New Mexico, the requirement of which shall be satisfied by any two of the following:

(a) utility bills;

(b) bank statements;

(d) rental agreements;

(e) New Mexico school records; or

(f) other documents authorized by the secretary that show the applicant's address; and

(4) require a signed and notarized declaration made by the applicant that all documents provided by the applicant with the application are genuine and accurate.

[C.] E. 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.] F. 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.] G. 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.] H. 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.] I. 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.] 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 66-5-15 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 address, a full face or front-view photograph of the license holder and 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. On or after July 1, 2012, a driver's license issued to a licensee that meets federal requirements to be acceptable by federal agencies for official federal purposes shall contain a unique design that distinguishes the driver's license as being acceptable by federal agencies for official federal purposes from a driver's license that is not acceptable by federal agencies for official federal purposes.

C. On or after January 15, 2013, a driver's license that is not acceptable by federal agencies for official federal purposes shall state that the driver's license is not acceptable by federal agencies for official federal purposes. The information shall be stated in the same manner as restrictions are set forth upon the usual license form and in the machine readable zone. The department shall establish by rule the restriction code of "J" for the restriction of "not for official federal purposes" in order to implement the provisions of this subsection."

SECTION 3. 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--LIMITED ISSUANCE PERIOD--RENEWAL.--

A. Except as provided in Subsection B [or], D or E 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. 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 is acceptable by federal agencies for official federal purposes, issued to a foreign national shall expire on the earlier of:

(1) if issued prior to the applicant's twenty-first birthday, thirty days after the applicant's twenty-first birthday;

(2) thirty days after the applicant's seventy-fifth birthday;

(3) thirty days after the applicant's birthday on the fourth year after the effective date of the license or on 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 date of the foreign national's termination of authorized period of admission or extension of stay as demonstrated on the foreign national's valid passport, valid visa or other arrival-departure record or document issued by the federal department of homeland security.

[E.] F. 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 4. 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. The department, with the approval of the governor, may increase the amount of the fees charged pursuant to Subsection A of this section only for each driver's license or duplicate driver's license that is acceptable by federal agencies for official federal purposes by an amount not to exceed five dollars ($5.00); provided that, for a driver's license issued for an eight-year period, the amount of the fee shall be twice the amount charged for a driver's license issued for a four-year period. The fee provided for in this subsection shall not be charged on a driver's license that is not acceptable by federal agencies for official federal purposes. The additional amounts collected pursuant to this subsection are appropriated to the department to defray the expense of making and issuing a driver's license or identification card that is acceptable by federal agencies for official federal purposes. Unexpended or unencumbered balances remaining from fees collected pursuant to the provisions of this subsection at the end of any fiscal year shall not revert to the general fund but shall be expended by the department in fiscal year 2013 and subsequent fiscal years.

[B.] C. 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.] D. Except for fees charged pursuant to Subsection [E] F of this section, 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 and for use as set forth in Subsection F of Section 66-6-13 NMSA 1978. Unexpended or unencumbered balances remaining from fees collected pursuant to the provisions of this subsection at the end of any fiscal year shall not revert to the general fund but shall be expended by the department in fiscal year 2010 and subsequent fiscal years.

[D.] E. 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.] F. The department may charge a fee of no more than fifteen dollars ($15.00) to a person who holds a driver's license from another state and is applying for a New Mexico driver's license for the first time. The fee is appropriated to the department to defray the expense of determining whether the driver has been convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs, or equivalent crime, and determining if the person qualifies for a driver's license in this state. The fee provided in this subsection is not subject to the increase provided for in Subsection [C] D of this section."

SECTION 5. Section 66-5-401 NMSA 1978 (being Laws 1978, Chapter 35, Section 328, as amended) is amended to read:

"66-5-401. IDENTIFICATION CARDS.--

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. An application for an identification card shall be made upon a form furnished by the department. An application shall contain the applicant's full legal name; social security number, except for applicants ineligible for a social security number; date of birth; sex; and New Mexico residence address. 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. In addition to the requirements of Subsection A of this section, an application by a foreign national for an identification card that is acceptable by federal agencies for official federal purposes shall contain the unique identifying number of the foreign national's valid passport, valid visa or other arrival-departure record or document issued by the federal department of homeland security and the expiration date of the foreign national's authorized period of admission or extension of stay as demonstrated on the foreign national's valid passport, valid visa or other arrival-departure record or document issued by the federal department of homeland security. The department may issue to an eligible foreign national applicant an identification card that is acceptable for official federal purposes valid only for the duration of the foreign national's authorized period of admission or extension of stay.

C. The department shall issue an identification card that is not acceptable by federal agencies for official federal purposes to an applicant who is otherwise eligible but who does not provide a social security number or proof of authorized presence in the United States. For an application for an identification card that is not acceptable by federal agencies for official federal purposes, the secretary shall accept as substitutes for otherwise required documents evidence that the department deems sufficient as documentary evidence of the age and identity of the applicant, including:

(1) a birth certificate, either an original or a certified copy, including a foreign birth certificate with a notarized English translation, if necessary;

(2) a certificate of baptism;

(3) a driver's license from another state; or

(4) a passport or government-issued identification card from the applicant's country of citizenship if the issuance of the card can readily be verified with the issuing authority.

[B.] D. 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 6. 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 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 7. 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 or 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. 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 is acceptable by federal agencies for official federal purposes and that is issued to a foreign national shall expire on the earlier of:

(1) the last day of the month of the identified person's birthday in the fourth year after the effective date of the identification card or on 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 date of the foreign national's termination of authorized period of admission or extension of stay as demonstrated on the foreign national's valid passport, valid visa or other arrival-departure record or document issued by the federal department of homeland security."

SECTION 8. 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.--

A. The identification card shall contain the registrant's full legal name, date of birth, sex and adequately describe the registrant and bear [his] the registrant's picture that shall show a full face or front view for all registrants and 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 that is not acceptable 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 STATE IDENTIFICATION PURPOSES ONLY".

C. An identification card that is acceptable by federal agencies for official federal purposes shall bear the following statement:

"STATE OF NEW MEXICO IDENTIFICATION

CARD NO.____________________

This card is provided 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 OFFICIAL FEDERAL IDENTIFICATION PURPOSES."."

SECTION 9. 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). A fee shall not be charged to an applicant for an identification card if the applicant is at least seventy-five years of age.

B. The department, with the approval of the governor, may increase the amount of the fees charged pursuant to Subsection A of this section only for each identification card that is acceptable by federal agencies for official federal purposes by an amount not to exceed five dollars ($5.00); provided that, for an identification card issued for an eight-year period, the amount of the fee shall be twice the amount charged for an identification card issued for a four-year period. The fee provided for in this subsection shall not be charged on an application for an identification card that is not acceptable by federal agencies for official federal purposes. The additional amounts collected pursuant to this subsection are appropriated to the department to defray the expense of making and issuing a driver's license or identification card that is acceptable by federal agencies for official federal purposes. Unexpended or unencumbered balances remaining from fees collected pursuant to the provisions of this subsection at the end of any fiscal year shall not revert to the general fund but shall be expended by the department in fiscal year 2013 and subsequent fiscal years.

[B.] C. 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 and for use as set forth in the provisions of Subsection F of Section 66-6-13 NMSA 1978. Unexpended and unencumbered balances from fees collected pursuant to the provisions of this subsection at the end of any fiscal year shall not revert to the general fund but shall be expended by the department in fiscal year 2010 and subsequent fiscal years."

SECTION 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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