HOUSE BILL 153

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Jeff Steinborn

AN ACT

RELATING TO DRIVER'S LICENSES; REQUIRING NOTICE OF PENDING EXPIRATION OF DRIVER'S LICENSES, COMMERCIAL DRIVER'S LICENSES AND IDENTIFICATION CARDS; REQUIRING NOTICE TO AN APPLICANT IF IN-PERSON RENEWAL IS REQUIRED.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. 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, 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. 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.

          F. Ninety days prior to the expiration of a driver's license, the department shall provide to the licensee written notice of the license's expiration date and instructions for renewal of the license, including the requirement to renew in person, if one exists."

     SECTION 2. Section 66-5-67 NMSA 1978 (being Laws 1989, Chapter 14, Section 16, as amended) is amended to read:

     "66-5-67. EXPIRATION AND RENEWAL--STAGGERED LICENSING DURING IMPLEMENTATION PERIOD.--

          A. Except as provided in Subsections C and E of this section, a commercial driver's license issued pursuant to the provisions of the New Mexico Commercial Driver's License Act shall expire thirty days after the applicant's birthday in the fourth year after the effective date of the license.

          B. The license is renewable within ninety days prior to its expiration or at an earlier date as approved by the secretary.

          C. At the option of an applicant, a commercial driver's license may be issued for a period of eight years, provided that the applicant:

                (1) pays the amount required for a commercial driver's license issued for a term of eight years;

                (2) otherwise qualifies for a four-year commercial driver's license; and

                (3) will not reach the age of seventy-five during the last four years of the eight-year license period.

          D. A driver's license issued pursuant to the provisions of Subsection C of this section shall expire thirty days after the applicant's birthday in the eighth year after the effective date of the license.

          E. A commercial driver's license with a hazardous material endorsement shall expire:

                (1) for an applicant transferring a commercial driver's license with the hazardous material endorsement, four years from the date of the last background check and testing for the hazardous material endorsement; or

                (2) for an applicant adding endorsements or other changes to the commercial driver's license, no later than the expiration date of the commercial driver's license originally issued with the hazardous material endorsement.

          F. Ninety days prior to the expiration of a commercial driver's license, the department shall provide to the licensee written notice of the license's expiration date and instructions for renewal of the license, including the requirement to renew in person, if one exists."

     SECTION 3. 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 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. Ninety days prior to the expiration of an identification card, the department shall provide to the licensee written notice of the identification card's expiration date and instructions for renewal of the identification card, including the requirement to renew in person, if one exists."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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