HB 269/a
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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:
"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 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 HB 269/a
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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:
(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 HB 269/a
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license drug and alcohol clearinghouse records of an
applicant for a commercial driver's license at the time of
application. 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
that a commercial driver's license or commercial driver's
permit holder is prohibited from operating a commercial motor
vehicle. The division shall complete the downgrade and enter
it on the commercial driver's license information system
driver record within sixty days of the division's receipt of
the drug and alcohol clearinghouse record.
E. The division shall amend a driver's eligibility HB 269/a
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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, 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 HB 269/a
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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,
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 HB 269/a
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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". 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 information:
A. the person's name and current New Mexico
physical address;
B. the person's full face or front-view color HB 269/a
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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.