HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILLS 291 & 341

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO MOTOR VEHICLES; PROHIBITING REGISTRATION OR CERTIFICATION OF TITLE FOR MOTOR VEHICLES THAT DO NOT COMPLY WITH AIR EMISSIONS STANDARDS OF THE ENVIRONMENTAL IMPROVEMENT BOARD OR OF A LOCAL BOARD.

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

     Section 1. Section 66-3-7 NMSA 1978 (being Laws 1978, Chapter 35, Section 27, as amended) is amended to read:

     "66-3-7. GROUNDS FOR REFUSING, SUSPENDING OR REVOKING REGISTRATION OR CERTIFICATE OF TITLE.--The division may refuse, suspend or revoke registration or issuance of a certificate of title or a transfer of registration upon the [ground] grounds that:

          A. the application contains a false or fraudulent statement or that the applicant failed to furnish the required information or reasonable additional information requested by the division or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under the Motor Vehicle Code;

          B. the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;

          C. a commercial motor vehicle is operated by a commercial motor carrier that is prohibited from operating the vehicle by order of a state or federal agency;

          D. the division has [a] reasonable [ground] grounds to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration or the issuance of a certificate of title would constitute a fraud against the rightful owner or other person having valid lien upon the vehicle;

          E. the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;

          F. the required fee has not been paid;

          G. the motor vehicle excise tax has not been paid;

          H. the weight distance tax has not been paid;

          I. international fuel tax agreement taxes have not been paid;

          J. if the vehicle is a mobile home, the property tax has not been paid;

          K. the owner's address, as shown in the records of the division, is within a class A county or within a municipality that has a vehicle emission inspection and maintenance program and the applicant has applied at an office outside the designated county or municipality; [or]

          L. the owner is required to but has failed to provide proof of compliance with a vehicle emission inspection and maintenance program, if required in the county or municipality in which the owner resides; or

          M. the vehicle is not certified to comply with the applicable motor vehicle air emissions standards adopted by the state of New Mexico, the environmental improvement board or a local board pursuant to the Air Quality Control Act."

- 3 -