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AN ACT

RELATING TO MOTOR VEHICLES; REQUIRING EDUCATIONAL TRAINING

FOR MOTOR VEHICLE DEALER LICENSURE; 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 an initial nonfranchise dealership

application accompanied by the required fee and when

satisfied that the applicant is of good character, has

completed eight hours of educational training as approved by

the division 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 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

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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

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companies, provided that any license issued shall expire on

the last day of a month. Licenses 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."