HB 99 — NONREPAIRABLE VEHICLE CERTIFICATES

HOUSEAN BILLACT 99RELATING 57THTO LEGISLATUREMOTOR -VEHICLES; STATE OF NEW MEXICO - FIRST SESSION, 2025 INTRODUCED BY Janelle Anyanonu and Cynthia Borrego 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.

TheREORGANIZING documentPROVISIONS isRELATED aTO toolNONREPAIRABLE toVEHICLE showCERTIFICATES amendmentsINTO inA contextNEW andSECTION cannotOF beTHE usedNMSA for1978; the purpose of adding amendments to legislation.

hALLOWING ANINSURANCE ACTCOMPANIES gTHAT oPAY RELATINGTOTAL LOSS CLAIMS TO MOTORVEHICLE VEHICLES;OWNERS TO OBTAIN A SALVAGE CERTIFICATE OF TITLE OR NONREPAIRABLE VEHICLE CERTIFICATE;

REORGANIZINGAMENDING PROVISIONSAND RELATEDENACTING TOSECTIONS t hr g e i k NONREPAIRABLE VEHICLE CERTIFICATES INTO A NEW SECTION OF THE h r i s NMSA 1978;1978.

ALLOWING9 INSURANCEBE COMPANIESIT THATENACTED PAYBY TOTALTHE LOSSLEGISLATURE hOF ,THE t,STATE CLAIMS TO VEHICLE OWNERS TO OBTAIN A SALVAGE CERTIFICATE OF eNEW uMEXICO: g e b l e e h TITLE OR NONREPAIRABLE VEHICLE CERTIFICATE;

AMENDINGSECTION AND1. n d d i = = o h ENACTING SECTIONS OF THE NMSA 1978.

l ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

d m :

b e d s º o t n = .228513.2AIC February 19, 2025 (4:49pm) s k m e e a n e d r e l u [ A d SECTION 1.

APPLICATION FOR REGISTRATION AND CERTIFICATE OF TITLETITLE.-- [NONREPAIRABLE VEHICLE CERTIFICATE ].-- A.

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 United States-Mexico-Canada Agreement Implementation Act 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 HB 99/a Page 1 division for the h registration and issuance of a certificate of title for the u » r vehicle.

Applications shall be upon the appropriate forms t h g e furnished by the division and shall bear the signature of the l i h r i s owner;

provided that the signature may either be made using an h , e h electronic signature in conformance with the Electronic t u g e b l Authentication of Documents Act and the Uniform Electronic e e , gh n d d i = = o h Transactions Act or written with pen and ink.

All applications l ] b ,d i a º r presented to the division shall contain:

e(1) rfor =a tvehicle eother wthan da (1)recreational forvehicle, the name, bona fide New Mexico residence address and mail address of the owner or, if the owner is a vehiclefirm, otherassociation thanor corporation, the name, bona fide New Mexico business address and mail address of the firm, association or corporation and for a recreational mvehicle, athe nname, obona dfide mresidence :address and mail address of the owner and proof of delivery in New Mexico;

b(2) ra edescription tof ºthe ovehicle, tincluding, nto =the .228513.2AICextent Februarythat 19,the 2025following (4:49pm)specified sdata kmay mexist ewith -respect 2to - e a ngiven evehicle, dthe rmake, emodel, ltype uof [body, Anumber dof vehicle,cylinders, thetype name,of bonafuel fideused, Newserial Mexiconumber residence address and mail address of the ownervehicle, or,odometer ifreading, theengine owneror isother aidentification firm,number associationprovided orby corporation, the name,manufacturer bonaof fidethe Newvehicle, Mexicowhether businessnew addressor andused, mailand, addressif ofa thevehicle firm,not associationpreviously orregistered, corporationdate andof forsale aby recreational vehicle, the name,manufacturer bonaor fideHB residence99/a addressPage and2 maildealer addressto of the ownerperson andintending proofto ofoperate deliverythe invehicle. New Mexico;

(2)In a description of the vehicle,event including,a tovehicle theis extentdesigned, thatconstructed, theconverted followingor specifiedrebuilt datafor may exist with respect to a given vehicle, the make,transportation model, type of body,property, numberthe ofapplication cylinders,shall typeinclude ofa fuelstatement used, serial number of theits vehicle,rated odometercapacity reading,as engineestablished or other identification number provided by the manufacturer of the vehicle,chassis whether new or used, and, if a vehicle not previously registered, date of sale by the manufacturercomplete orvehicle; dealer to the person intending to operate the vehicle.

In(3) thea eventstatement aof vehiclethe isapplicant's designed,title hand constructed,of convertedall liens or rebuiltencumbrances forupon the transportationvehicle ofand uthe »names rand property,addresses theof applicationall shallpersons includehaving aan statementinterest ofin itsthe tvehicle, hthe gnature eof ratedeach capacityinterest asand establishedthe byname theand manufactureraddress of the lperson ito hwhom rthe icertificate sof chassistitle orshall thebe completedelivered vehicle;by the division;

h , e h (3) a statement of the applicant's title and t u g e b l of all liens or encumbrances upon the vehicle and the names and e e , gh n d d i = = o h addresses of all persons having an interest in the vehicle, the l ] b ,d i a º r nature of each interest and the name and address of the person e r = t e w d to whom the certificate of title shall be delivered by the m a n o d m :

b r e t º o t n = .228513.2AIC February 19, 2025 (4:49pm) s k m e - 3 - e a n e d r e l u [ A d division;

(5) if the vehicle required to be registered HB 99/a Page 3 is a house trailer, as defined in the Motor Vehicle Code, a certificate from the treasurer or assessor of the county in h which the house trailer is located showing that either:

u » r (a) all property taxes due or to become t h g e due on the house trailer for the current tax year or any past l i h r i s tax years have been paid;

or h , e h (b) no liability for property taxes on t u g e b l the house trailer exists for the current year or any past tax e e , gh n d d i = = o h years;

and l ] b ,d i a º r (6) further information as may reasonably be e r = t e w d required by the division to enable it to determine whether the mvehicle ais nlawfully oentitled dto mregistration :and the owner entitled to a certificate of title.

b r e t º o t n = .228513.2AIC February 19, 2025 (4:49pm) s k m e - 4 - e a n e d r e l u [ A d vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.

When an application refers to a vehicle not previously registered and the vehicle is purchased from a dealer licensed in this state or a dealer licensed or recognized as such in any other state, territory or HB 99/a Page 4 possession of the United States, the application shall be accompanied by a manufacturer's certificate of origin duly assigned by the h dealer to the purchaser.

In the event that a vehicle not u » r previously registered is sold by the manufacturer to a dealer t h g e in a state not requiring a manufacturer's certificate of origin l i h r i s and in the event that the vehicle is subsequently purchased by h , e h a dealer or any person in this state, the application for title t u g e b l shall be accompanied by the evidence of title accepted by the e e , gh n d d i = = o h state in which the vehicle was sold by the manufacturer to a l ] b ,d i a º r dealer in that state together with evidence of subsequent e r = t e w d transfers.

mD. a n o d m :

bThe rdepartment eshall tnot ºissue oa tnew nregistration =card .228513.2AICand Februarycertificate 19,of 2025ownership (4:49pm)pursuant sto kSubsection mA, eB -or 5C -of ethis section on a nvehicle ethat dhas rbeen eissued la unonrepairable [vehicle Acertificate dpursuant [D.to Section 66-3-4.1 NMSA 1978." SECTION 2.

PriorA tonew theSection sale66-3-4.1 orNMSA disposal1978 ofis aenacted nonrepairable vehicle, the owner, owner's agent or salvage pool shall obtain a properly endorsed nonrepairable vehicle certificate from the department and deliver it to theread: purchaser within twenty days after payment in full for the nonrepairable vehicle and shall also comply with Section 66-3-10.1 NMSA 1978.

"66-3-4.1.

NONREPAIRABLE VEHICLE CERTIFICATE--OBTAINING EVIDENCE OF OWNERSHIP AFTER TOTAL LOSS PAYMENT BY AN INSURANCE COMPANY.-- A.

Prior to the sale or disposal of a nonrepairable vehicle, the owner, owner's agent or salvage pool shall obtain a properly endorsed nonrepairable vehicle certificate from the department and deliver it to the HB 99/a Page 5 purchaser within twenty days after payment in full for the nonrepairable vehicle and shall also comply with Section 66-3-10.1 NMSA 1978.

E.

If an insurance company makes a total loss settlement on a nonrepairable vehicle and takes possession of that vehicle, either itself or through an agent or salvage h pool, the insurance company or an authorized agent of the u » r insurance company shall:

t h g e (1) stamp the face of the title or l i h r i s manufacturer's certificate of origin with the word h , e h "NONREPAIRABLE", in letters no less than one-half inch high, at t u g e b l an angle of approximately forty-five degrees to the text of the e e , gh n d d i = = o h title or manufacturer's certificate of origin;

and l ] b ,d i a º r (2) within twenty days after receipt of title e r = t e w d by the insurer, free and clear of all liens, submit a copy of m a n o d m :

b r e t º o t n = .228513.2AIC February 19, 2025 (4:49pm) s k m e - 6 - e a n e d r e l u [ A d the branded title or manufacturer's certificate of title to the department together with documents explaining the reason for branding and shall forward a properly endorsed certificate of title or manufacturer's certificate of origin or other evidence of ownership acceptable to the department together with the proper fee to the department.

The department, upon receipt of the title or manufacturer's certificate of origin or other evidence of ownership, shall issue a nonrepairable vehicle certificate for the vehicle.

F.