SB 68 — ELECTRONIC MOTOR VEHICLE DOCUMENTS

SENATEAN BILLACT 68RELATING 56THTO LEGISLATUREMOTOR -VEHICLES; STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Siah Correa Hemphill This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

ThePROVIDING documentFOR isDOCUMENTS aFOR toolTOTAL toLOSS showSETTLEMENTS amendmentsTO inBE contextSIGNED andELECTRONICALLY cannotAND beWITHOUT usedNOTARIZATION. for the purpose of adding amendments to legislation.

h6 ANBE ACTIT gENACTED oBY RELATINGTHE TOLEGISLATURE MOTOROF VEHICLES;THE STATE OF NEW MEXICO:

PROVIDINGSECTION FOR1. SJCºCERTIFICATES OF t hr g e i k TITLE SJCºSTBTCº , POWER OF ATTORNEY FORMS»STBTC»SJC AND h r i s RELATED»SJC DOCUMENTS FOR TOTAL LOSS SETTLEMENTS TO BE SIGNED h , t, ELECTRONICALLY AND WITHOUT NOTARIZATION.

eSection u66-3-4 gNMSA e1978 b(being lLaws e1978, eChapter h35, nSection d24, das iamended) =is =amended oto hread: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

l"66-3-4. ] b ,d i a º e SECTION 1.

Section 66-3-4 NMSA 1978 (being Laws 1978, r i = r t e w d m a n o Chapter 35, Section 24, as amended) is amended to read:

d m :

b e d s º o t n = .223319.2AIC March 1, 2023 (9:24pm) s k m e e a n e d r e l u [ A d "66-3-4.

Except for a vehicle owned by a carrier that is from a jurisdiction that is not a participant in the International Fuel Tax Agreement, that is authorized by the United States government or an agency of the United States government to conduct cross-border operations beyond the commercial border zone pursuant to the provisions of the [North American Free Trade] United States-Mexico-Canada Agreement and that identifies New Mexico as the carrier's base jurisdiction, every owner of a vehicle of a type required to be registered in this state shall make application to the division for the registration and issuance of a certificate of title for the vehicle.

provided that the signature may either be made using an h electronic signature in conformance with the Electronic uSB »68 rPage 1 Authentication of Documents Act and the Uniform Electronic t h g e l i Transactions Act or written with pen and ink.

All applications h r i s presented to the division shall contain:

h , e h (1) for a vehicle other than a recreational t u g e b l e e , gh vehicle, the name, bona fide New Mexico residence address and n d d i = = o h mail address of the owner or, if the owner is a firm, l ] b ,d i a º r association or corporation, the name, bona fide New Mexico ebusiness raddress =and tmail eaddress wof dthe mfirm, association or corporation and for a nrecreational ovehicle, businessthe name, bona fide residence address and mail address of the firm,owner associationand orproof dof mdelivery :in New Mexico;

b r e t º o t n = .223319.2AIC March 1, 2023 (9:24pm) s k m e - 2 - e a n e d r e l u [ A d corporation and for a recreational vehicle, the name, bona fide residence address and mail address of the owner and proof of delivery in New Mexico;

h (3) a statement of the applicant's title and uSB »68 rPage 2 of all liens or encumbrances upon the vehicle and the names and t h g e l i addresses of all persons having an interest in the vehicle, the h r i s nature of each interest and the name and address of the person h , e h to whom the certificate of title shall be delivered by the t u g e b l e e , gh division;

n d d i = = o h (4) if the vehicle required to be registered l ] b ,d i a º r is a house trailer, as defined in the Motor Vehicle Code, a e r = t e w d m a n o certificate from the treasurer or assessor of the county in dwhich mthe :house trailer is located showing that either:

b r e t º o t n = .223319.2AIC March 1, 2023 (9:24pm) s k m e - 3 - e a n e d r e l u [ A d which the house trailer is located showing that either:

The owner of a vehicle subject to registration that has never been registered in this state and that has been registered in another state, except manufactured homes, shall have the vehicle examined and inspected for its identification number or engine number by the division or an officer or a h designated agent of the division incident to securingSB u68 »Page r3 securing registration, reregistration or a certificate of title from the t h g e l i division.

h r i s C.

When an application refers to a vehicle not h , e h previously registered and the vehicle is purchased from a t u g e b l e e , gh dealer licensed in this state or a dealer licensed or n d d i = = o h recognized as such in any other state, territory or possession l ] b ,d i a º r of the United States, the application shall be accompanied by a e r = t e w d m a n o manufacturer's certificate of origin duly assigned by the ddealer mto :the purchaser.

b r e t º o t n = .223319.2AIC March 1, 2023 (9:24pm) s k m e - 4 - e a n e d r e l u [ A d dealer to the purchaser.

The department shall accept the endorsed nonrepairable vehicle certificate in h lieu of the SB 68 Page 4 certificate of ownership or other evidence of u » r ownership when accompanied by an application and other t h g e l i documents and fees as may be required by the department.

A h r i s vehicle for which a nonrepairable vehicle certificate has been h , e h issued shall not be titled or registered for use on the t u g e b l e e , gh highways of this state.

n d d i = = o h E.

If an insurance company makes a total loss l ] b ,d i a º r settlement on a nonrepairable vehicle and takes possession of ethat rvehicle, =either titself eor wthrough dan magent aor nsalvage opool, thatthe vehicle,insurance eithercompany itself or through an authorized agent orof salvagethe dinsurance mcompany :shall:

b r e t º o t n = .223319.2AIC March 1, 2023 (9:24pm) s k m e - 5 - e a n e d r e l u [ A d pool, the insurance company or an authorized agent of the insurance company shall:

The department, upon receipt of the title or manufacturer's SB 68 Page 5 certificate of origin or other h evidence of ownership, shall issue a nonrepairable vehicle u » r certificate for the vehicle.

t h g e l i F.

SJCºNotwithstandingAny anydocuments other statute, h r i s supporting documents, including certificates of title h , e h SJCºSTBTCºor power of attorney forms»STBTC»SJC ,»SJC SJCºAny t u g e b l e e , gh documents»SJC used for conveyance of ownership of a motor n d d i = = o h vehicle to an insurance company as a result of a total loss l ] b ,d i a º r insurance settlement shall not require a notarized signature e r = t e w d m a n o and may be signed electronically.

dG. m :

b r e t º o t n = .223319.2AIC March 1, 2023 (9:24pm) s k m e - 6 - e a n e d r e l u [ A d [F.] G.

[G.] H.

If a nonrepairable vehicle is not the subject of an insurance settlement, the owner shall, within h twenty days from the date of the loss, forward a properly g o t hr endorsed certificate of title or manufacturer's certificate of g e i k origin or other evidence of ownership acceptable to the hdepartment rSB i68 sPage department6 together with the proper fee to the department.

The h , t, department, upon receipt of the title or manufacturer's e u g e b l e e h certificate of origin or other evidence of ownership, shall n d d i = = o h issue a nonrepairable vehicle certificate for the vehicle.

l ] b ,d i a º e [H.] I.

The department shall not issue a new rregistration icard =and rcertificate tof eownership wpursuant dto mSubsection A, B or C of this section on a nvehicle othat registrationhas cardbeen andissued certificatea ofnonrepairable ownershipvehicle certificate pursuant to dSubsections mE, :G and H of this section." SB 68 Page 7 25

b e d s º o t n = .223319.2AIC March 1, 2023 (9:24pm) s k m e - 7 - e a n e d r e l u [ A d Subsection A, B or C of this section on a vehicle that has been issued a nonrepairable vehicle certificate pursuant to Subsections E, [F ] G and [G] H of this section." - 8 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .223319.2AIC March 1, 2023 (9:24pm) s k em e e a n e d r e l u [ A d