AN ACT

RELATING TO RECREATIONAL VEHICLES; AUTHORIZING SPECIAL EVENT LICENSES UNDER CERTAIN CONDITIONS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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) is amended to read:

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

          A. Except for recreational vehicle dealers, 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, wrecker of vehicles or title service company. The license may be renewed upon application and payment of the fee required by law.

          B. A dealer or wrecker of vehicles 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. Any 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 wreckers of vehicles 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."

     Section 2. A new section of the Motor Vehicle Code, Section 66-4-2.1 NMSA 1978, is enacted to read:

     "66-4-2.1. RECREATIONAL VEHICLE DEALERS--LICENSURE--SPECIAL EVENTS.--

          A. A dealer, as defined in Section 66-1-4.4 NMSA 1978, shall apply to and be issued by the department a license to deal in recreational vehicles if the department finds the applicant is in compliance with department rules regarding registration of vehicles, certificates of title and all provisions of the Motor Vehicle Code. Renewal of a license shall be according to rules of the department for a period of twelve months.

          B. The department shall issue a "special event" license to a licensed New Mexico recreational vehicle dealer to conduct business at a location other than the dealer's listed primary place of business, upon forms issued by the department, provided:

                (1) the special event is focused on the business of recreational vehicles as conducted at the applicant's primary place of business;

                (2) the location of the special event is an established place of business; and

                (3) the majority of recreational vehicle dealers in the county where the special event is to be held are notified, in a manner approved by the department, of the special event and offered the opportunity to participate and offer vehicles for sale under identical conditions established by and for the applicant and approved by the department. The applicant may charge other recreational vehicle dealers a participation fee sufficient to defray the actual expenses of the special event; or

                (4) if the special event is sponsored by a national recreational vehicle organization and the applicant is not licensed to do business in New Mexico, the application is accompanied by an application and a certified letter from that New Mexico licensed dealer committing to serve as host dealer to the out-of-state applicant."