HOUSE BILL 79
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
William "Bill" R. Rehm
AN ACT
RELATING TO DRIVER'S LICENSES; LIMITING ISSUANCE OF DRIVER'S LICENSES AND IDENTIFICATION CARDS TO THOSE FOREIGN NATIONALS WITH LAWFUL STATUS; REDUCING THE VALIDITY PERIOD OF DRIVER'S LICENSES AND IDENTIFICATION CARDS FOR FOREIGN NATIONALS TO THEIR AUTHORIZED PERIOD OF ADMISSION; PROVIDING FOR CANCELLATION OF CERTAIN DRIVER'S LICENSES; PROVIDING PENALTIES; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-1-4.10 NMSA 1978 (being Laws 1990, Chapter 120, Section 11) 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 shown by valid documentary evidence that a person:
(1) is a citizen or national of the United States;
(2) is an alien lawfully admitted for permanent or temporary residence in the United States;
(3) has conditional permanent resident status in the United States;
(4) has an approved application for asylum in the United States or has entered into the United States in refugee status;
(5) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
(6) has a pending application for asylum in the United States;
(7) has a pending or approved application for temporary protected status in the United States;
(8) has approved deferred action status; or
(9) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States;
[C.] D. "license", without modification, means any license, temporary instruction permit or temporary license issued or recognized under the laws of New Mexico pertaining to the licensing of persons to operate motor vehicles;
[D.] 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
[E.] 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 2. 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] physical 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 with lawful status shall contain the unique identifying number of the foreign national's valid passport, valid visa, employment authorization document card issued under the applicant's approved deferred action status or arrival-departure record or other documents issued by the federal government that convey lawful status and the expiration date, if one exists, of the foreign national's authorized period of admission or extension of stay as demonstrated on the foreign national's valid passport, valid visa, employment authorization document card issued under the applicant's approved deferred action status
or arrival-departure record or other documents issued by the federal government. The department may issue to an eligible foreign national applicant with lawful status 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 2015 act."
SECTION 3. 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 4. 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 with lawful status 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, if one exists, 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, employment authorization document card issued under the applicant's approved deferred action status or arrival-departure record or other documents 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.
[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 5. 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:
[A.] (1) 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.] (2) 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;
(3) permit any unlawful use of the driver's license or permit or commercial driver's license or permit issued to, or received by, the person;
[C.] (4) 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; 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:
[D.] (1) 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] (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 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; 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] or
(3) induce or solicit another person or conspire with another person to violate this subsection."
SECTION 6. 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 with lawful status shall contain the unique identifying number of the foreign national's valid passport, valid visa, employment authorization document card issued under the applicant's approved deferred action status or other arrival-departure record or documents issued by the federal government that convey lawful status and the expiration date, if one exists, of the foreign national's authorized period of admission or extension of stay as demonstrated on the foreign national's valid passport, valid visa, employment authorization document card issued under the applicant's approved deferred action status or arrival-departure record or other documents issued by the federal government. The department may issue to an eligible foreign national applicant with lawful status 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, if 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 7. 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 8. 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 with lawful status 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, if one exists, 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, employment authorization document card issued under the applicant's approved deferred action status or arrival-departure record or other documents issued by the federal government; provided that if that date cannot be determined by the department and the foreign national is not a permanent resident, the identification card shall expire one year after the effective date of the identification card."
SECTION 9. 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 10. Section 66-5-409 NMSA 1978 (being Laws 1991, Chapter 160, Section 13) is amended to read:
"66-5-409. UNLAWFUL USE OF IDENTIFICATION CARD.--
A. It is a misdemeanor for any person to:
(1) use or possess an altered, forged or fictitious identification card;
(2) alter or forge an identification card or make a fictitious identification card;
(3) lend the person's identification card to any other person or to knowingly permit the use of the person's identification card by another;
(4) display or represent as one's own any identification card not issued to the person; or
(5) [use] make or permit any unlawful use of the identification card issued to, or received or obtained by, the person.
B. It is a felony for any person to:
(1) knowingly or willfully provide a false or fictitious name or document in any application for an identification card or knowingly make a false statement or conceal a material fact or otherwise commit a fraud in any such application; or
[(6) make or permit any unlawful use of the identification card issued to the person]
(2) induce or solicit another person, or conspire with another person, to violate this subsection.
[B.] C. For the purposes of this section, "identification card" means an identification card issued by the department pursuant to Section 66-5-401 or 66-5-404 NMSA 1978."
SECTION 11. 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.--
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. A person convicted of violating Subsection A of this section is guilty of a [fourth] third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
SECTION 12. A new section of the Motor Vehicle Code is enacted to read:
"[NEW MATERIAL] MANDATORY CANCELLATION OF DRIVER'S LICENSE ISSUED TO A PERSON WITHOUT A SOCIAL SECURITY NUMBER.--
A. The secretary shall have the authority to modify department rules as necessary to cancel state-issued instruction permits, driver's licenses and provisional licenses as provided in this section.
B. The department shall identify any person who was issued an instruction permit, a driver's license or a provisional license prior to the effective date of this 2015 act without the person providing the person's social security number. The department shall provide written notice to the person that the instruction permit, driver's license or provisional license will be canceled no later than December 31, 2015 if the person fails to submit the person's social security number or submit a new application pursuant to Section 66-5-9 NMSA 1978.
C. Thirty days prior to the cancellation of the instruction permit, driver's license or provisional license, the department shall provide written notice to the person that the instruction permit, driver's license or provisional license will be canceled if the person's social security number or new application, pursuant to Section 66-5-9 NMSA 1978, is not submitted within thirty days.
D. Upon cancellation, the department shall notify the person in writing of the cancellation of that person's instruction permit, driver's license or provisional license. Within twenty days of receiving notice of cancellation, a person may request that the department rescind the order of cancellation and afford the person an opportunity to show that the person has submitted the person's social security number and proof of the person's identity and proof of New Mexico residency pursuant to Section 66-5-9 NMSA 1978.
E. Within twenty days upon receipt of a request to rescind the order of cancellation, the department shall provide the person who made the request with an opportunity to show that the person has submitted that person's social security number and proof of the person's identity and proof of New Mexico residency, pursuant to Section 66-5-9 NMSA 1978, in the county in which the person resides unless the department and the person agree to another county. The secretary or the secretary's duly authorized agent may administer oaths. Upon a showing that the person has provided a social security number and proof of the person's identity and proof of New Mexico residency, the department shall reinstate the instruction permit, driver's license or provisional license for a period pursuant to Section 66-5-21 NMSA 1978.
F. Issuance of a written notice pursuant to Subsection A of this section shall not affect the right of a person to renew a driver's license at the expiration of its term pursuant to Section 66-5-21 NMSA 1978; provided, however, that renewal of a license shall not relieve a licensee of the obligation to respond to that notice or preclude the department from canceling a license for failure to respond to that notice pursuant to this section.
G. Upon cancellation of a person's instruction permit, driver's license or provisional license, the department shall reimburse to the person the amount of the fee paid for the instruction permit, driver's license or provisional license prorated for the remaining period that the instruction permit, driver's license or provisional license would have been valid but for its cancellation."
SECTION 13. 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 14. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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