SENATE BILL 578

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

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO DRIVER'S LICENSES; PROVIDING FOR A TWO-TIERED SYSTEM OF DRIVING PRIVILEGES; PROVIDING FOR A TEMPORARY DRIVER'S LICENSE OF TWO YEARS' DURATION FOR CERTAIN FOREIGN NATIONALS; REQUIRING A SOCIAL SECURITY NUMBER FROM ELIGIBLE APPLICANTS FOR CERTAIN DRIVER'S LICENSES; PROVIDING FOR DRIVER'S LICENSES TO BE ACCEPTED BY FEDERAL AGENCIES FOR OFFICIAL FEDERAL PURPOSES; LIMITING THE DURATION OF DRIVER'S LICENSES OF FOREIGN NATIONALS; REQUIRING ADDITIONAL IDENTIFICATION AND PROOF OF RESIDENCY FOR FOREIGN NATIONALS; INCREASING PENALTIES AND IMPOSING NEW PENALTIES.

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 applicant's 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. An applicant shall indicate whether the applicant is applying for a driver's license that meets federal requirements to be accepted by federal agencies for official federal purposes or a driver's license not intended to be accepted by federal agencies for official federal purposes. The department shall accept an application for a driver's license not intended to be accepted by federal agencies for official federal purposes regardless of immigration status; provided that, for that application, the department shall deem an applicant who presents a social security number to be a United States national or legal permanent resident. An applicant who is a foreign national and who does not provide a social security number or proof of authorized presence in the United States shall only apply for a driver's license not intended to be accepted by federal agencies for official federal purposes.

          D. An application by a foreign national for a driver's license that meets federal requirements to be accepted 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 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 or other document issued by the federal government. 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 presence of stay and that shall state that it is term limited.

          E. For an application for a driver's license not intended to be accepted by federal agencies for official federal purposes by a foreign national, the secretary shall:

                (1) accept a social security number or 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 that 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;                      (b) a form of photo identification that shall be satisfied by 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; or

                     (c) another document authorized by the secretary as documentary evidence of proof of identity;

                (3) accept two independent forms of proof of the applicant's residency in New Mexico for the last thirty days that shall be satisfied by any two of the following:

                     (a) utility bills;

                     (b) bank statements;

                     (c) receipts for a mortgage or real estate contract;

                     (d) rental agreements;

                     (e) New Mexico school records; or

                     (f) another document authorized by the secretary as documentary evidence of proof of residency; 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.] F. 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.] G. 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.] H. 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.] I. 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.] J. 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.] K. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.

          [I.] L. 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 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.

          B. By December 1, 2013, the department shall establish two distinct driver's licenses. A driver's license issued to a licensee that meets federal requirements to be accepted by federal agencies for official federal purposes shall contain a unique color and design that distinguishes the driver's license meeting federal requirements to be accepted by federal agencies for official federal purposes from a driver's license that is not intended to be accepted by federal agencies for official federal purposes. A driver's license that is not intended to be accepted by federal agencies for official federal purposes shall maintain the current license color and design."

     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, E or F 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 meets federal requirements to be accepted by federal agencies for official federal purposes 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 or other document issued by the federal government; provided that if that date cannot be determined by the department, the driver's license shall expire one year after the effective date of the license.

          F. A driver's license that is not intended to be accepted by federal agencies for official federal purposes issued to a foreign national who does not provide a social security number or proof of authorized presence in the United States 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; or

                (3) thirty days after the applicant's birthday on the second year after the effective date of the license.

          [E.] G. The [director] secretary 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 66-5-37 NMSA 1978 (being Laws 1978, Chapter 35, Section 259, as amended) is amended to read:

     "66-5-37. UNLAWFUL USE OF LICENSE.--It is a misdemeanor for any person to:

          A. display or cause or permit to be displayed or have in [his] the person's possession any canceled, revoked or suspended driver's license or permit or commercial driver's license or permit;

          B. lend [his] the person's driver's license or permit or commercial driver's license or permit to any other person or knowingly permit the use of [his] the person's license or permit by another;

          C. display or represent as one's own any driver's license or permit or commercial driver's license or permit not issued to [him] the person;

          D. fail or refuse to surrender to the division upon its lawful demand any driver's license or permit or commercial driver's license or permit [which] that has been suspended, revoked or canceled;

          E. use a false or fictitious name in any application for a [driver's license or permit or] commercial driver's license or permit or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application;

          F. permit any unlawful use of the driver's license or permit or commercial driver's license or permit issued to [him] the person; or

          G. do any act forbidden or fail to perform any act required by Sections 66-5-1 through 66-5-47 NMSA 1978 or the provisions of the New Mexico Commercial Driver's License Act."

     SECTION 5. 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 contractor 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 name, false information or fraudulent document required by Section 66-5-9 NMSA 1978 or otherwise commit a fraud in an application submitted pursuant to Section 66-5-9 NMSA 1978.

          C. It is a felony for a person to:

                (1) receive or obtain an instruction permit, driver's license or provisional license and then transfer the instruction permit, driver's license or provisional license to another person who is not lawfully entitled to 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 6. 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 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.