SB0278

SENATE BILL 278

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Gerald Ortiz y Pino and Daniel A. Ivey-Soto

AN ACT

RELATING TO DRIVER'S LICENSES; RENAMING DRIVER'S LICENSES AND DRIVING AUTHORIZATION CARDS; CHANGING THE VALIDITY PERIODS OF SOME DRIVER'S LICENSES AND IDENTIFICATION CARDS; REMOVING THE FINGERPRINTING REQUIREMENT FOR ISSUANCE OF CERTAIN DRIVER'S LICENSES AND IDENTIFICATION CARDS; CHANGING PROCEDURES FOR THE ISSUANCE OF TEMPORARY LICENSES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

SECTION 1. Section 66-1-4.4 NMSA 1978 (being Laws 1990, Chapter 120, Section 5, as amended) is amended to read:

"66-1-4.4. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "day" means calendar day, unless otherwise provided in the Motor Vehicle Code;

B. "dealer", except as specifically excluded, means any person who sells or solicits or advertises the sale of new or used motor vehicles, manufactured homes or trailers subject to registration in this state; "dealer" does not include:

(1) receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court;

(2) public officers while performing their duties as such officers;

(3) persons making casual sales of their own vehicles;

(4) finance companies, banks and other lending institutions making sales of repossessed vehicles; or

(5) licensed brokers under the Manufactured Housing Act who, for a fee, commission or other valuable consideration, engage in brokerage activities related to the sale, exchange or lease purchase of pre-owned manufactured homes on a site installed for a consumer;

C. "declared gross weight" means the maximum gross vehicle weight or gross combination vehicle weight at which a vehicle or combination will be operated during the registration period, as declared by the registrant for registration and fee purposes; the vehicle or combination shall have only one declared gross weight for all operating considerations;

D. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

E. "designated accessible parking space for persons with significant mobility limitation" means any space, including an access aisle, that is marked and reserved for the parking of a passenger vehicle that carries registration plates or a parking placard with the international symbol of access issued in accordance with Section 66-3-16 NMSA 1978 and that is designated by a conspicuously posted sign bearing the international symbol of access and, if the parking space is paved, by a clearly visible depiction of this symbol painted in blue on the pavement of the space;

F. "director" means the secretary;

G. "disqualification" means a prohibition against driving a commercial motor vehicle;

H. "distinguishing number" means the number assigned by the department to a vehicle whose identifying number has been destroyed or obliterated or the number assigned by the department to a vehicle that has never had an identifying number;

I. "distributor" means a person who distributes or sells new or used motor vehicles to dealers and who is not a manufacturer;

J. "division", without further specification, "division of motor vehicles" or "motor vehicle division" means the department;

K. "driveaway-towaway operation" means an operation in which any motor vehicle, new or used, is the item being transported when one set or more of wheels of any such motor vehicle is on the roadway during the course of transportation, whether or not the motor vehicle furnishes the motive power;

[K.] L. "driver" means every person who drives or is in actual physical control of a motor vehicle, including a motorcycle, upon a highway, who is exercising control over or steering a vehicle being towed by a motor vehicle or who operates or is in actual physical control of an off-highway motor vehicle; and

[L. "driver's license" means a license or a class of license issued by a state or other jurisdiction pertaining to the authorizing of persons to operate motor vehicles and that meets federal requirements to be accepted by federal agencies for official federal purposes;

M. "driveaway-towaway operation" means an operation in which any motor vehicle, new or used, is the item being transported when one set or more of wheels of any such motor vehicle is on the roadway during the course of transportation, whether or not the motor vehicle furnishes the motive power; and

N. "driving authorization card" means a card issued or recognized under the laws of New Mexico pertaining to the authorizing of persons to operate motor vehicles and not intended to be accepted by federal agencies for official federal purposes;]

M. "driver's license" means any license, permit or driving authorization card recognized under the laws of New Mexico pertaining to the authorizing of persons to operate motor vehicles and includes a REAL ID driver's license and a non-REAL ID driver's license."

SECTION 2. Section 66-1-4.10 NMSA 1978 (being Laws 1990, Chapter 120, Section 11, as amended) is amended to read:

"66-1-4.10. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "laned roadway" means a roadway that is divided into two or more clearly marked lanes for vehicular traffic;

B. "law enforcement agency designated by the division" means the law enforcement agency indicated on the dismantler's notification form as the appropriate agency for the receipt of the appropriate copy of that form;

C. "lawful status" means the legal right to be present in the United States, as that phrase is used in the federal REAL ID Act of 2005;

D. "license", without modification, means any license, permit or driving authorization card recognized under the laws of New Mexico pertaining to the authorizing of persons to operate motor vehicles and includes a REAL ID driver's license and a non-REAL ID driver's license;

E. "lien" or "encumbrance" means every chattel mortgage, conditional sales contract, lease, purchase lease, sales lease, contract, security interest under the Uniform Commercial Code or other instrument in writing having the effect of a mortgage or lien or encumbrance upon, or intended to hold, the title to any vehicle in the former owner, possessor or grantor; and

F. "local authorities" means every county, municipality and any local board or body having authority to enact laws relating to traffic under the constitution and laws of this state."

SECTION 3. Section 66-1-4.12 NMSA 1978 (being Laws 1990, Chapter 120, Section 13, as amended) is amended to read:

"66-1-4.12. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "natural gas vehicle" means a vehicle operated by an engine that primarily uses natural gas;

B. "neighborhood electric car" means a four-wheeled electric motor vehicle that has a maximum speed of more than twenty miles per hour but less than twenty-five miles per hour and complies with the federal requirements specified in 49 CFR 571.500;

C. "non-REAL ID driver's license" means a license or a class of license issued by a state or other jurisdiction pertaining to the authorizing of persons to operate motor vehicles and not intended to be accepted by federal agencies for official federal purposes;

[C.] D. "nonrepairable vehicle" means a vehicle of a type otherwise subject to registration that:

(1) has no resale value except as a source of parts or scrap metal or that the owner irreversibly designates as a source of parts or scrap metal or for destruction;

(2) has been substantially stripped as a result of theft or is missing all of the bolts on sheet metal body panels, all of the doors and hatches, substantially all of the interior components and substantially all of the grill and light assemblies and has little or no resale value other than its worth as a source of a vehicle identification number that could be used illegally; or

(3) is a substantially burned vehicle that has burned to the extent that there are no more usable or repairable body or interior components, tires and wheels or drive train components or that the owner irreversibly designates for destruction or as having little or no resale value other than its worth as a source of scrap metal or as a source of a vehicle identification number that could be used illegally;

[D.] E. "nonrepairable vehicle certificate" means a vehicle ownership document conspicuously labeled "NONREPAIRABLE" issued to the owner of the nonrepairable vehicle;

[E.] F. "nonresident" means every person who is not a resident of this state;

[F.] G. "nonresident commercial driver's license" means a commercial driver's license issued by another state to a person domiciled in that state or by a foreign country to a person domiciled in that country; and

[G.] H. "nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by the nonresident of a motor vehicle, or the use of a motor vehicle owned by the nonresident, in this state."

SECTION 4. Section 66-1-4.15 NMSA 1978 (being Laws 1990, Chapter 120, Section 16, as amended) is amended to read:

"66-1-4.15. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "railroad" means a carrier of persons or property upon cars operated upon stationary rails;

B. "railroad sign or signal" means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;

C. "railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails;

D. "REAL ID driver's license" means a license or a class of license issued by a state or other jurisdiction pertaining to the authorizing of persons to operate motor vehicles and that meets federal requirements to be accepted by federal agencies for official federal purposes;

[D.] E. "reconstructed vehicle" means any vehicle assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or [which] that, if originally otherwise assembled or constructed, has been materially altered by the removal of essential parts, new or used;

[E.] F. "recreational travel trailer" means a camping body designed to be drawn by another vehicle;

[F.] G. "recreational vehicle" means a vehicle with a camping body that has its own motive power, is affixed to or is drawn by another vehicle and includes motor homes, travel trailers and truck campers;

[G.] H. "registration" means registration certificates and registration plates issued under the laws of New Mexico pertaining to the registration of vehicles;

[H.] I. "registration number" means the number assigned upon registration by the division to the owner of a vehicle or motor vehicle required to be registered by the Motor Vehicle Code;

[I.] J. "registration plate" means the plate, marker, sticker or tag assigned by the division for the identification of the registered vehicle;

[J.] K. "residence district" means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business;

[K.] L. "revocation" means that the driver's license and privilege to drive a motor vehicle on the public highways are terminated and shall not be renewed or restored, except that an application for a new license may be presented to and acted upon by the division after the expiration of at least one year after date of revocation;

[L.] M. "right of way" means the privilege of the immediate use of the roadway;

[M.] N. "road tractor" means every motor vehicle designed and used primarily for drawing other vehicles and constructed not to carry a significant load on the road tractor, either independently or as any part of the weight of a vehicle or load drawn; and

[N.] O. "roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder; when a highway includes two or more separate roadways, the term "roadway" refers to each roadway separately but not to all of the roadways collectively."

SECTION 5. 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, INSTRUCTION PERMIT OR DRIVING AUTHORIZATION CARD] OR RENEWAL.--

A. An application for [an instruction permit, provisional license, driver's] a license [or driving authorization card] or a renewal of [an instruction permit, provisional license, driver's] a license [or driving authorization card] shall be made upon a form furnished by the department. An application shall be accompanied by the proper fee. For [permits, provisional licenses, driver's] licenses [or driving authorization cards] 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 for a REAL ID driver's license, an instruction permit or provisional license, or renewal of a REAL ID driver's license, instruction permit or provisional license shall contain the applicant's full legal name; date of birth; sex; and current New Mexico residence address and shall 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. An application for a non-REAL ID driver's license or a renewal of a non-REAL ID driver's license shall contain the applicant's full name; 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.

D. A valid license shall satisfy the department's identity requirement for the issuance or renewal of a non-REAL ID driver's license to an applicant.

E. The secretary shall establish by regulation documents that may be accepted as evidence of the residency of the applicant. A person applying for or renewing a REAL ID driver's license shall provide documentation required by the federal government of the applicant's identity; date of birth; social security number, if applicable; address of current residence; and lawful status. For an applicant for a REAL ID driver's license or a renewal of a REAL ID driver's license, the department shall verify the applicant's lawful status and social security number, if applicable, through a method approved by the federal government.

[C.] F. Pursuant to the federal REAL ID Act of 2005, the secretary shall establish a written, defined exception process to allow a person to demonstrate the person's identity, age and lawful status. The process shall allow a person to use a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo to demonstrate the person's identity or age or to demonstrate the person's lawful status, if applicable.

[D.] G. A person with lawful status may apply for a REAL ID driver's license or a [driving authorization card] non-REAL ID driver's license.

[E.] H. An applicant shall indicate whether the applicant is applying for a REAL ID driver's license or a [driving authorization card] non-REAL ID driver's license. The department shall issue a [driving authorization card] non-REAL ID driver's license to an applicant who is otherwise eligible for a REAL ID driver's license but who does not provide proof of lawful status and who affirmatively acknowledges that the applicant understands that a driving authorization card [is] may not be valid for federal purposes. An applicant who does not provide proof of lawful status shall only apply for a [driving authorization card] non-REAL ID driver's license. Except as otherwise provided in the Motor Vehicle Code, the department [may] shall treat driving authorization cards and non-REAL ID driver's licenses as REAL ID driver's licenses.

[F.] I. An application by a foreign national with lawful status for a REAL ID driver's license shall contain the unique identifying number and expiration date, if applicable, of the foreign national's valid passport, valid visa, employment authorization card issued under the applicant's approved deferred action status or other arrival-departure record or document issued by the federal government that conveys lawful status. The department may issue to an eligible foreign national applicant a REAL ID driver's license that is valid for a period not to exceed the duration of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the license shall expire one year after the effective date of the license.

[G.] J. An application for a [driving authorization card] non-REAL ID driver's license shall include proof of the applicant's identity and age. [as shown by:

(1) a social security number or an individual tax identification number;

(2) a passport from the applicant's country of citizenship or an identification card, issued by the consulate of Mexico in Albuquerque, New Mexico, the consulate general of Mexico in 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) a valid New Mexico license or identification card;

(4) a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo; or

(5) a document that the secretary has authorized.

H.] K. 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 [driving authorization card, 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 [driving authorization card, 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.

[I.] L. An applicant under eighteen years of age who is making an application for a first New Mexico driver's license [or driving authorization card] 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 [or driving authorization card]; 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 [or driving authorization card] and that there are no pending adjudications alleging an offense involving the use of alcohol or drugs at the time of application.

[J.] M. 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 [or driving authorization card] shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program.

[K.] N. 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 [or driving authorization card] shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program.

[L.] O. 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.

[M.] P. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.

[N.] Q. This section does not apply to licenses issued pursuant to the New Mexico Commercial Driver's License Act."

SECTION 6. 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 license as applied for. Except as provided in Subsection B of this section, the license shall bear the applicant's full legal name; date of birth; sex; current New Mexico residence address; full-face or front-view digital photograph; a unique 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.

B. A non-REAL ID driver's license shall bear the applicant's full name; date of birth; sex; current New Mexico residence address; full-face or front-view digital photograph; a unique license number; a date of issuance; an expiration date; a brief description of the licensee; and the signature of the licensee.

[B.] C. The department shall ensure that REAL ID driver's licenses and [driving authorization cards] non-REAL ID driver's licenses are distinguishable in color or design but only to the extent that a non-REAL ID driver's license shall bear the statement: "NOT INTENDED FOR FEDERAL PURPOSES" and a REAL ID driver's license shall include a gold star pursuant to Section 66-5-15.3 NMSA 1978.

[C.] D. A REAL ID driver's license issued to a foreign national who fails to prove that the foreign national's lawful status will not expire prior to the date on which the license applied for would expire but for the person being a foreign national shall clearly indicate on its face and in the machine readable zone that it is temporary and shall bear the word "TEMPORARY".

[D. A driving authorization card shall bear the statement: "NOT FOR FEDERAL PURPOSES".]"

SECTION 7. Section 66-5-21 NMSA 1978 (being Laws 1978, Chapter 35, Section 243, as amended) 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 Subsections B through [I] H of this section [Section] and Sections 66-5-19 [NMSA 1978] and [Section] 66-5-67 NMSA 1978, all 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] four years after the effective date of the license or shall expire thirty days after the applicant's seventy-ninth 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 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 license, except the department shall not renew by mail or telephonic or electronic means a license if prohibited by federal law. The department may require an examination upon renewal of the license.

B. Except as provided in Subsection E of this section, at the option of an applicant, a REAL ID driver's license may be issued for a period of eight years, provided that the applicant:

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

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

(3) will not reach the age of seventy-nine during the last four years of the eight-year REAL ID driver's license period or reach the age of twenty-one during any year within the term of the license.

C. A REAL ID driver's license issued pursuant to the provisions of Subsection B of this section shall expire eight years 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 REAL ID driver's license issued to a foreign national shall expire on the earliest 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-ninth birthday;

(3) [thirty days after the applicant's birthday in the fourth year] four years after the effective date of the license or eight years 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 expiration date of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the REAL ID driver's license shall expire one year after the effective date of the license.

F. A [driving authorization card] non-REAL ID driver's license issued to an applicant [who provides proof of lawful status] shall expire on the earliest 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-ninth birthday; or

(3) [thirty days after the applicant's birthday in the fourth year] four years after the effective date of the license.

[G. A driving authorization card issued to an applicant who does not provide proof of lawful status shall expire on the earliest 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-ninth birthday; or

(3) two years after the effective date of the driving authorization card.

H. A driving authorization card that is valid for two years issued pursuant to Subsection G of this section shall, upon renewal and for subsequent renewals, be valid for four years.]

G. At the option of an applicant, a non-REAL ID driver's license may be issued for a period of eight years; provided that the applicant:

(1) pays the amount required for a non-REAL ID driver's license issued for a term of eight years;

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

(3) will not reach the age of seventy-nine during the last four years of the eight-year non-REAL ID driver's license period or reach the age of twenty-one during any year within the term of the license.

[I.] H. The secretary shall adopt regulations providing for the proration of driver's license fees [driving authorization card fees and commercial driver's license fees] due to shortened licensure periods permitted pursuant to Subsection A of Section 66-5-19 NMSA 1978 and for licensure periods authorized pursuant to the provisions of this section."

SECTION 8. Section 66-5-37 NMSA 1978 (being Laws 1978, Chapter 35, Section 259, as amended) is amended to read:

"66-5-37. UNLAWFUL USE OF LICENSE.--

A. It is a misdemeanor for any person to:

(1) display or cause or permit to be displayed or have in the person's possession any canceled, revoked or suspended driver's license [or permit, commercial driver's license or permit or driving authorization card];

(2) lend the person's driver's license [or permit, commercial driver's license or permit or driving authorization card] to any other person or knowingly permit the use of the person's license [permit or driving authorization card] by another;

(3) permit any unlawful use of the driver's license [or permit, commercial driver's license or permit or driving authorization card] issued to, or received by, the person;

(4) display or represent as one's own any driver's license [or permit, commercial driver's license or permit or driving authorization card] not issued to the person; or

(5) do any other act forbidden or fail to perform any other act required by Sections 66-5-1.1 through 66-5-47 NMSA 1978 or the provisions of the New Mexico Commercial Driver's License Act.

B. It is a felony for any person to:

(1) fail or refuse to surrender to the division upon its lawful demand any driver's license [or permit, commercial driver's license or permit or driving authorization card] that has been suspended, revoked or canceled;

(2) knowingly or willfully provide a false or fictitious name or document in any application for a driver's license [or permit or commercial driver's license or permit or driving authorization card] or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application; or

(3) induce or solicit another person or conspire with another person to violate this subsection."

SECTION 9. 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 [or driving authorization card] may be issued an identification card by the department. An application for an identification card or renewal of an identification card shall be made upon a form furnished by the department.

B. The department shall establish two distinct identification cards as provided in Section 66-5-405 NMSA 1978:

(1) an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes; and

(2) an identification card not intended to be accepted by federal agencies for official federal purposes.

C. An application for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall contain the applicant's full legal name; date of birth; sex; and current New Mexico residence address and shall briefly describe the applicant.

D. An application for an identification card not intended to be accepted by federal agencies for official federal purposes shall bear the applicant's full name; date of birth; sex; and current New Mexico residence address and shall briefly describe the applicant.

E. The secretary shall establish by rule documents that may be accepted as evidence of the residency of the applicant. [The department shall establish two distinct identification cards as provided in Section 66-5-405 NMSA 1978: an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes and an identification card not intended to be accepted by federal agencies for official federal purposes.]

F. A person applying for or renewing an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall provide documentation required by the federal government of the applicant's identity; date of birth; social security number, if applicable; address of current residence; and lawful status. The department shall verify the applicant's lawful status and social security number, if applicable, through a method approved by the federal government. Pursuant to the federal REAL ID Act of 2005, the secretary shall establish a written, defined exception process to allow a person to demonstrate the person's identity, age and lawful status. The process shall allow a person to use a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo to demonstrate the person's identity or age or to demonstrate the person's lawful status, if applicable. A person with lawful status may apply for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes or an identification card not intended to be accepted by federal agencies for official federal purposes. 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.] G. An application by a foreign national with lawful status for an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall contain the unique identifying number and expiration date, if applicable, of the foreign national's valid passport, valid visa, employment authorization card issued under the applicant's approved deferred action status or other arrival-departure record or document issued by the federal government that conveys lawful status. The department may issue to an eligible foreign national applicant an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes that is valid for a period not to exceed the duration of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the identification card shall expire one year after the effective date of the identification card.

[C.] H. The department shall issue an identification card not intended to be accepted by federal agencies for official federal purposes to an applicant who is otherwise eligible but who does not provide proof of lawful status and who affirmatively acknowledges that the applicant understands that an identification card not intended to be accepted by federal agencies for official federal purposes [is] may not be valid for federal purposes. An applicant who does not provide proof of lawful status shall only apply for an identification card not intended to be accepted by federal agencies for official federal purposes. [For] An application for an identification card not intended to be accepted by federal agencies for official federal purposes [the secretary] shall [accept as] include proof of the applicant's identity and age.

[(1) a social security number or an individual tax identification number;

(3) a valid New Mexico license or identification card;

(4) a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo; or

(5) a document that the secretary has authorized.

D.] I. The secretary may adopt rules providing for the proration of fees due to shortened validity periods authorized pursuant to the [provision] provisions of this section.

[E.] J. 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 10. Section 66-5-403 NMSA 1978 (being Laws 1973, Chapter 269, Section 3, as amended) is amended to read:

"66-5-403. EXPIRATION OF IDENTIFICATION CARDS--DURATION-- RENEWAL.--

A. Except as provided in Subsections B through [G] E 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] four years 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, except the department shall not renew by mail or telephonic or electronic means an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes if prohibited by federal law. 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 eight years 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 meets federal requirements to be accepted by federal agencies for official federal purposes issued to a foreign national with lawful status shall expire on the earlier of:

(1) [the last day of the month of the applicant's birth in the fourth year] four years after the effective date of the identification card or eight years 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 expiration date of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the identification card shall expire one year after the effective date of the identification card.

E. An identification card not intended to be accepted by federal agencies for official federal purposes [issued to an applicant who provides proof of lawful status] shall expire [on the last day of the month of the applicant's birth in the fourth year] four years after the effective date of the identification card.

[F. An identification card not intended to be accepted by federal agencies for official federal purposes issued to an applicant who does not provide proof of lawful status shall expire two years after the effective date of the identification card.

G. An identification card that is valid for two years issued pursuant to Subsection F of this section shall, upon renewal and for subsequent renewals, be valid for four years.]"

SECTION 11. 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. An identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall bear the applicant's full legal name; date of birth; sex; current New Mexico residence address; 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 the signature of the holder, and the identification card shall indicate donor status.

B. An identification card not intended to be accepted by federal agencies for official federal purposes shall bear the applicant's full name; date of birth; sex; current New Mexico residence address; 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 the signature of the holder, and the identification card shall indicate donor status.

C. A valid license or identification card shall satisfy the identity requirement for the issuance of an identification card not intended to be accepted by federal agencies for official federal purposes to an applicant.

D. 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.

[B.] E. An identification card not intended to be accepted by federal agencies for official federal purposes shall not include a gold star pursuant to Section 66-5-15.3 NMSA 1978 and shall bear the 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. NOT INTENDED FOR FEDERAL PURPOSES.".

[C.] F. An identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall be distinguishable in color or design from an identification card not intended to be accepted by federal agencies for official federal purposes [and] but only to the extent that an identification card not intended to be accepted by federal agencies for official federal purposes shall bear the statement: "NOT INTENDED FOR FEDERAL PURPOSES", and an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall include a gold star pursuant to Section 66-5-15.3 NMSA 1978.

G. An identification card that meets federal requirements to be accepted by federal agencies for official federal purposes shall bear the 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 IDENTIFICATION PURPOSES ONLY.".

[D.] H. An identification card that meets federal requirements to be accepted by federal agencies for official federal purposes issued to a foreign national with lawful status who fails to prove that the foreign national's lawful status will not expire prior to the date on which the identification card applied for would expire but for the person being a foreign national shall clearly indicate on its face and in the machine readable zone that it is temporary and shall bear the word "TEMPORARY"."

SECTION 12. Section 66-8-111.1 NMSA 1978 (being Laws 1984, Chapter 72, Section 7, as amended) is amended to read:

"66-8-111.1. LAW ENFORCEMENT OFFICER AGENT FOR DEPARTMENT--WRITTEN NOTICE OF REVOCATION AND RIGHT TO HEARING.--

A. On behalf of the department, a law enforcement officer requesting a chemical test or directing the administration of a chemical test pursuant to Section 66-8-107 NMSA 1978 shall serve immediate written notice of revocation and of right to a hearing before the administrative hearings office pursuant to the Implied Consent Act on a person who:

(1) refuses to permit chemical testing [or on a person who]; and

(2) submits to a chemical test the results of which indicate an alcohol concentration in the person's blood or breath of:

(a) eight one hundredths or more if the person is twenty-one years of age or older;

(b) four one hundredths or more if the person is driving a commercial motor vehicle; or

B. The written notice of revocation [the law enforcement officer shall take the license or permit of the driver, if any, and issue a] and of a right to a hearing served on the driver shall be a temporary license valid for twenty days or, if the driver requests a hearing pursuant to Section 66-8-112 NMSA 1978, valid until the date the administrative hearings office issues the order following that hearing; provided that a written notice of revocation and right to a hearing shall not be a temporary license [shall not be issued to] for a driver without [a valid license or permit] any otherwise valid driving privileges in this state.

C. The law enforcement officer shall send [the person's driver's license] to the department [along with] the signed statement required pursuant to Section 66-8-111 NMSA 1978."

SECTION 13. A new section of the Motor Vehicle Code is enacted to read:

"[NEW MATERIAL] DRIVER'S LICENSES AND IDENTIFICATION CARDS--ACCEPTANCE.--

A. A non-REAL ID driver's license or identification card not intended to be accepted by federal agencies for official federal purposes shall be accepted by every state and local public agency and every public accommodation for all of the purposes for which such public agency or public accommodation would accept a REAL ID driver's license or an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes.

B. It is unlawful for a public accommodation to refuse to accept a non-REAL ID driver's license or identification card not intended to be accepted by federal agencies for official federal purposes for any purpose for which it would accept a REAL ID driver's license or an identification card that meets federal requirements to be accepted by federal agencies for official federal purposes. A person harmed by a violation of this subsection may maintain an action for damages or appropriate injunctive or declaratory relief to redress the violation in a district court of the judicial district in which the violation occurred or in which the plaintiff or defendant resides or the defendant may be found.

C. As used in this section, "public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not mean a bona fide private club or other place or establishment that is by its nature and use distinctly private."

SECTION 14. A new section of the Motor Vehicle Code is enacted to read:

"[NEW MATERIAL] VALIDITY--DRIVING AUTHORIZATION CARDS.--A driving authorization card issued by the taxation and revenue department shall be treated by the state and its subdivisions as a non-REAL ID driver's license and shall be valid until the card expires."

SECTION 15. DELAYED REPEAL.--Section 14 of this act is repealed effective July 1, 2022.

SECTION 16. REPEAL.--Section 66-5-15.2 NMSA 1978 (being Laws 2016, Chapter 79, Section 15) is repealed.

SECTION 17. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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