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HOUSE BILL 269
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Harry Garcia and Jason C. Harper
AN ACT
RELATING TO DRIVER'S LICENSES; REQUIRING THE MOTOR VEHICLE
DIVISION OF THE TAXATION AND REVENUE DEPARTMENT TO USE REPORTS
FROM THE FEDERAL COMMERCIAL DRIVER'S LICENSE DRUG AND ALCOHOL
CLEARINGHOUSE IN ISSUING, RENEWING, UPGRADING, DOWNGRADING AND
TRANSFERRING COMMERCIAL DRIVER'S LICENSES OR COMMERCIAL
LEARNER'S PERMITS; PROVIDING CONTENT TO BE INCLUDED ON
COMMERCIAL LEARNER'S PERMITS AND COMMERCIAL DRIVER'S LICENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the New Mexico Commercial
Driver's License Act is enacted to read:
"[NEW MATERIAL] COMMERCIAL DRIVER'S LICENSE, COMMERCIAL
LEARNER'S PERMIT AND COMMERCIAL DRIVER'S PERMIT ELIGIBILITY--
DIVISION TO RECEIVE RECORDS FROM THE FEDERAL COMMERCIAL
DRIVER'S LICENSE DRUG AND ALCOHOL CLEARINGHOUSE--COMMERCIAL
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DRIVER'S LICENSE DOWNGRADE PROCEDURES.--
A. As used in this section:
(1) "commercial driver's license downgrade"
means the division's removal of the commercial driver's license
or commercial driver's permit privilege from a driver's
license;
(2) "commercial driver's license drug and
alcohol clearinghouse" means the federal motor carrier safety
administration database that requires employers and service
agents to report information to and to query regarding drivers
who are subject to United States department of transportation
controlled substance and alcohol testing regulations;
(3) "qualified" means the passage of the drug
or alcohol test; and
(4) "not qualified" means a failure or refusal
of the drug or alcohol test.
B. The division shall request all commercial
driver's drug test results from the commercial driver's license
drug and alcohol clearinghouse that determine whether the
commercial driver is qualified or not qualified as required by
the federal motor carrier safety administration. Pursuant to
this section, if a commercial driver's drug or alcohol test
results indicate that the commercial driver is prohibited from
operating a commercial motor vehicle, the division shall refuse
a request for:
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(1) issuance or renewal of a commercial
learner's permit or a commercial driver's license;
(2) an upgrade of a commercial learner's
permit to a commercial driver's license; and
(3) transfer of an out-of-state commercial
driver's license to this state.
C. The division shall request commercial driver's
license drug and alcohol clearinghouse records of an applicant
for a commercial driver's license at the time of issuance.
Pursuant to this subsection, if the records indicate that the
commercial driver's license applicant is prohibited from
operating a commercial motor vehicle, the division shall refuse
to:
(1) renew the commercial driver's license or H
endorsement;
(2) advance a commercial driver's permit;
(3) issue an upgrade of the commercial
driver's license to include an H endorsement; and
(4) issue, renew, transfer or upgrade a
non-domiciled commercial driver's permit or commercial driver's
license.
D. The division shall downgrade a commercial
driver's license or commercial driver's permit to a class D
noncommercial license upon receiving a commercial driver's
license drug and alcohol clearinghouse record that indicates
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that a commercial driver's license or commercial driver's
permit holder is prohibited from operating a commercial motor
vehicle. The division shall complete and record on the
commercial driver's license information system driver record
within sixty days of the division's receipt of the record.
E. The division shall amend a driver's eligibility
to operate a commercial motor vehicle if the division finds
that a condition resulting in a restriction on a commercial
driver's license or a commercial learner's permit no longer
exists or was erroneous. Pursuant to this subsection, the
division shall:
(1) terminate the commercial driver's license
downgrade process without removing the commercial driver's
license or commercial learner's permit privilege from the
driver's license if the division finds that the commercial
driver's license or commercial learner's permit holder is no
longer prohibited from operating a commercial motor vehicle;
(2) allow reinstatement of a commercial
driver's license or commercial learner's permit privilege to
the driver's license of a downgraded driver record upon
notification from the federal motor carrier safety
administration that the driver is no longer prohibited from
operating a commercial motor vehicle; or
(3) reinstate a commercial driver's license or
commercial learner's permit privilege to the driver's license,
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expunge a commercial driver's license downgrade from the
commercial driver's license information system driver record
and, if applicable, expunge from the motor vehicle record any
reference to prohibited status upon notice from the federal
motor carrier safety administration that the driver was
erroneously identified as prohibited from operating a
commercial motor vehicle."
SECTION 2. Section 65-3-14 NMSA 1978 (being Laws 2007,
Chapter 151, Section 1, as amended) is amended to read:
"65-3-14. DRUG AND ALCOHOL TESTING PROGRAM--REPORT OF
POSITIVE TEST.--
A. A motor carrier shall have an in-house drug and
alcohol testing program that meets the requirements of 49
C.F.R. part 382 or be a member of a consortium, as defined in
49 C.F.R. part 382.107, that provides testing that meets the
requirements of 49 C.F.R. part 382.
B. A person or entity specified in 49 C.F.R. part
382.103, who is not explicitly excepted by New Mexico law, is
subject to the provisions of this section and shall report
positive test results or a refusal to submit to a test pursuant
to provisions in this section. A refusal to submit to a pre-
employment test shall not be considered a violation of this
section.
C. When a person or entity specified in 49 C.F.R.
part 382.103 determines that a positive test result is valid,
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the person or entity shall report the findings to the motor
vehicle division of the taxation and revenue department. The
motor vehicle division shall enter the report of a positive
test result or refusal to submit to a test on the reported
person's motor vehicle record so that it can be contained in
the commercial driver's license information system pursuant to
the New Mexico Commercial Driver's License Act.
D. The division shall keep the report of a positive
test result or the refusal to submit to a test in the motor
vehicle record of the driver for five years from the time the
report was received by the motor vehicle division.
E. The division shall seek reports from the federal
commercial driver's license drug and alcohol clearinghouse for
actions relating to commercial driver's licenses or commercial
driver's permits."
SECTION 3. Section 66-5-64 NMSA 1978 (being Laws 1989,
Chapter 14, Section 13, as amended) is amended to read:
"66-5-64. COMMERCIAL DRIVER'S LICENSE AND COMMERCIAL
LEARNER'S PERMIT--CONTENT.--The commercial driver's license
shall be marked "commercial driver's license" or "CDL". [It ]
The commercial learner's permit shall be marked "commercial
learner's permit" or "CLP", and shall state: "This permit is
invalid unless accompanied by a New Mexico driver's license.".
A commercial driver's license or commercial learner's permit
shall include, but not be limited to, the following
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information:
A. the person's name and current New Mexico
physical [or mailing] address;
B. the person's full face or front-view color
photograph;
C. a physical description of the person, including
sex, height, weight and eye color;
D. the person's date of birth;
E. the person's signature;
F. the class or type of commercial motor vehicle
that the person is authorized to drive, together with any
endorsements or restrictions;
G. the name of this state; and
H. the dates between which the license or permit is
valid."
SECTION 4. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2024.
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