HB0132

HOUSE BILL 132

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Paul A. Pacheco

AN ACT

RELATING TO DRIVER'S LICENSES; LIMITING ISSUANCE OF DRIVER'S LICENSES AND IDENTIFICATION CARDS TO THOSE FOREIGN NATIONALS WITH AN AUTHORIZED PERIOD OF ADMISSION; REDUCING THE VALIDITY PERIOD OF DRIVER'S LICENSES AND IDENTIFICATION CARDS FOR FOREIGN NATIONALS TO THEIR AUTHORIZED PERIOD OF ADMISSION; PROVIDING PENALTIES; DECLARING AN EMERGENCY.

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] 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.]

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 arrival-departure record issued by the federal government 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 arrival-departure record issued by the federal government. The department may issue to an eligible foreign national applicant a driver's license that is valid for a period no longer than the duration of the foreign national's authorized period of admission or extension of stay and that shall state that it is term limited.

[C.] D. 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.] E. 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.] F. 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.] G. 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.] H. 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.] I. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.

[I.] J. This section does not apply to driver's licenses issued pursuant to the New Mexico Commercial Driver's License Act.

K. The secretary shall promulgate rules necessary to implement and enforce the provisions of this section."

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.--The department shall, upon payment of the required fee, issue to every qualified applicant a driver's license as applied for. The license shall bear the full legal name, date of birth, sex, current New Mexico physical [or mailing] address, a full-face or front-view digital photograph of the license holder, [and] a unique driver's 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."

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--LIMITED ISSUANCE PERIOD--FOUR-YEAR ISSUANCE PERIOD--EIGHT-YEAR 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 issued to a foreign national shall expire on the earlier 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 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 arrival-departure record issued by the federal government.

[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 66-5-401 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. 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 physical 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 shall contain the unique identifying number of the foreign national's valid passport, valid visa or other arrival-departure record issued by the federal government 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 arrival-departure record issued by the federal government. The department may issue to an eligible foreign national applicant an identification card that is valid only for the duration of the foreign national's authorized period of admission or extension of stay and that shall state that it is term limited.

[B.] C. 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 66-5-402 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 6. 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 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 arrival-departure record issued by the federal government."

SECTION 7. 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 identification card 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 physical 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 a 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 identification card 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"."

SECTION 8. Section 66-8-1.1 NMSA 1978 (being Laws 2007, Chapter 319, Section 65) is amended to read:

"66-8-1.1. FRAUD [IN OBTAINING DOCUMENTS ISSUED] RELATED TO THE ISSUANCE OF DOCUMENTS BY THE DIVISION--[PENALTY] PENALTIES.--

A. It is a felony for a [person] department employee or private retail agent or other contractor of the division to:

(1) knowingly issue an identification card, driver's license, vehicle or vessel registration or vehicle or vessel title to a person who is not lawfully entitled to issuance of that document;

(2) knowingly accept and use fraudulent documents as a basis for issuing an identification card, driver's license, vehicle or vessel registration or vehicle or vessel title;

(3) knowingly alter a record of an identification card, driver's license, vehicle or vessel registration or vehicle or vessel title without legal justification; or

(4) solicit or accept, directly or indirectly, anything of value with the intent to influence a decision or action on an identification card, a driver's license, a vehicle or vessel registration or a vehicle or vessel title.

B. It is a felony for an applicant to knowingly or willfully provide a false or fraudulent document required pursuant to Section 66-5-9 NMSA 1978.

C. It is a felony for a person to:

(1) receive or obtain an identification card, instruction permit, driver's license or provisional license and then transfer the identification card, instruction permit, driver's license or provisional license to another person who is not lawfully entitled to issuance of that document; or

(2) induce or solicit another person, or conspire with another person, to violate Subsection A or B of this section.

D. A person convicted of violating Subsection A of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

[B.] E. A person convicted of violating Subsection B or C of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

SECTION 9. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

SECTION 10. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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