SENATE BILL 331

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

James G. Taylor

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING THE MOTOR VEHICLE CODE TO LIMIT THE NUMBER OF AUTO RECYCLER LICENSES; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2005.

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

     Section 1. Section 66-4-2 NMSA 1978 (being Laws 1978, Chapter 35, Section 215, as amended by Laws 2005, Chapter 15, Section 1 and by Laws 2005, Chapter 324, Section 14) is amended to read:

     "66-4-2. DEPARTMENT TO ISSUE LICENSE.--

          A. Except for recreational vehicles, the department, upon receiving application accompanied by the required fee and when satisfied that the applicant is of good character and complies with the laws of this state with reference to the registration of vehicles and certificates of title and the provisions of the Motor Vehicle Code, shall issue to the applicant a license that entitles the licensee to conduct the business of a dealer, auto recycler or title service company. The department shall issue no more than one auto recycler license per eight thousand five hundred population in counties with a total population of one hundred twenty thousand or less and shall issue no more than one auto recycler license per thirteen thousand five hundred population in counties with a total population of more than one hundred twenty thousand. The license may be renewed upon application and payment of the fee required by law.

          B. A dealer or auto recycler licensee, before moving any one or more of the licensee's places of business or opening any additional place of business, shall apply to the department for and obtain a supplemental license, for which no fee shall be charged. No supplemental license shall be issued to a dealer, other than a dealer in motorcycles, for an additional place of business unless:

                (1) the place of business is an established place of business; or

                (2) the majority of dealers, other than dealers in motorcycles, in the county in which the proposed additional place of business would be located have been offered the opportunity, in documentation acceptable to the department, to offer vehicles for sale at the proposed additional place of business by the applicant; provided that the offer shall be for sale of vehicles at all times at which the applicant proposes to sell vehicles and shall not be conditioned upon the payment of any fee by any dealer to whom it is addressed greater than a fair share of the actual expenses incurred.

          C. A person to whom the department has issued a license to conduct the business of a dealer in motorcycles is also deemed a wrecker of motorcycles without additional license.

          D. The department is authorized to establish a staggered system for licensing of dealers, wholesalers, distributors and auto recyclers and of title service companies, provided that any license issued shall expire on the last day of a month. Licenses [issued] shall be issued for a period of twelve months.

          E. On or after July 1, 2005, the holder of a wrecker of vehicles license desiring to renew the license shall apply for an auto recycler license, pursuant to the provisions of the Motor Vehicle Code, at the time the holder would have otherwise applied to renew the wrecker of vehicles license."

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