HB 52 — AUTO RECYCLER ELECTRONIC REPORTING TO TRD

HOUSEAN BILLACT 52RELATING 53RDTO LEGISLATUREMOTOR -VEHICLES; STATEOFNEWMEXICO- SECOND SESSION , 2018 INTRODUCED BY Monica Youngblood and Patricio Ruiloba and Howie C.

Morales 6 8 10 AN ACT RELATING TO MOTOR VEHICLES;

REQUIRING THE TAXATION AND REVENUE 14 DEPARTMENT TO MAINTAIN AND MAKE AVAILABLE CERTAIN INFORMATION.

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

e t 17 SECTION 1.

A new section of the Motor Vehicle Code is w l n d 18 enacted to read:

="AUTO = 19 "[NEW MATERIAL] AUTO RECYCLERS--NOTIFICATION OF a l i a e r 20 PURCHASE.-- a t m m 21 A.

Prior to taking actual possession of a vehicle d r e 22 that an auto recycler has purchased, the auto recycler shall c e s k 23 verify with the department if the vehicle has been reported e a n b 24 stolen by checking an electronic system maintained by the u [ department.

The auto recycler shall include the seller's name, .209136.1 address, contact information and unique auto recycling license number of the purchaser, unless the purchaser is not a licensed auto recycler, in which case the auto recycler shall include the unique number of the purchaser's government-issued identification document.

Within forty-eighttwo hoursbusiness ofdays following the closedate of business on the dayvehicle apurchase vehicletransaction is purchasedcompleted by, an auto recycler, the auto recycler shall report the purchase to the department in an electronic format.

HB 52 Page 1 C.

(2) the unique auto recycling license number of the seller, unless the seller is not a licensed auto recycler, in which case the unique number of the seller's e e 17 government-issued identification document;

e e n d 18 (3) the unique auto recycling license number = = l ] 19 of the purchaser, unless the purchaser is not a licensed auto a l r i 20 recycler, in which case the unique number of the purchaser's t e a t government-issued identification document;

m m 21 e d r e 22 (4) the make, model, year, vehicle c e r c 23 identification number and, if available, current odometer e a n b 24 reading of the vehicle;

u [ (5) the dates of the transfer of ownership of .209136.1 - 2 - the vehicle;

The department shall maintain and make available to auto recyclers an electronic system that allows auto recyclers to verify, prior to taking actual possession HB 52 Page 2 of a vehicle that an auto recycler has purchased, that the vehicle has not been reported stolen.

If the electronic system e e 17 shows that the vehicle was not reported stolen, the auto e e n d 18 recycler may proceed with the transaction and shall not be held = = l ] 19 criminally or civilly liable if the vehicle was stolen, unless a l r i 20 the auto recycler had knowledge that the vehicle was stolen.

t e a t E.

The department shall make information contained m m 21 e d r e 22 in the electronic system available, without charge and upon c e r c 23 request, to any law enforcement agency or the department, when e a n b 24 the person acting on behalf of the agency or department is u [ acting within the course and scope of the agency's or .209136.1 - 3 - department's duties.

DIRECTOR TO PRESCRIBE FORMS.-- HB 52 Page 3 A.

The director shall prescribe and provide suitable forms of applications, certificates of title, evidences of registration, [drivers' ] driver's licenses and all other forms requisite or deemed necessary to carry out the provisions of the Motor Vehicle Code and any other laws, the enforcement and administration of which are vested in the division.

The director shall make available to the public e e 17 electronic versions of all forms requisite or deemed necessary e e n d 18 to carry out the provisions of the Motor Vehicle Code and any = = l ] 19 other laws, the enforcement and administration of which are a l r i 20 vested in the division." t e a t SECTION 3.

Section 66-3-119 NMSA 1978 (being Laws 1978, m m 21 e d r e 22 Chapter 35, Section 66) is amended to read:

c e r c 23 "66-3-119.

VEHICLE [OR MOTOR VEHICLE ] TO BE DISMANTLED.--DISMANTLED.--In e a n b 24 In addition to any requirements pursuant to Section 1 of this u [ 2018 act:

.209136.1 - 4 - A.

except as provided in Sections [64-3-114 through 64-3-121 NMSA 1953] 66-3-115, 66-3-116 and 66-3-118 through 66-3-121 NMSA 1978, any person who sells, gives away, trades or disposes of any vehicle [or motor vehicle ] as scrap or to be dismantled or destroyed by any person required to be licensed under Section [64-4-1 NMSA 1953 ] 66-4-1 NMSA 1978 shall assign the certificate of title of [such ] the vehicle [or motor vehicle] to the recipient and shall deliver the [same] certificate of title to the recipient.

A licensed dismantler receiving any registration plates shall either return them to the owner upon demand or [surrender ] destroy them withinHB five52 daysPage [of4 receivingwithin thefive platesdays; to the division ];

except as provided in Sections [64-3-114 through 64-3-121 NMSA 1953] 66-3-115, 66-3-116 and 66-3-118 through 66-3-121 NMSA 1978, no person shall dismantle or destroy a ]vehicle unless [he] the person possesses a vehicle [or motor vehicle e e 17 certificate of title or other proof of ownership of the vehicle e e n d 18 [or motor vehicle ] and completes and sends in the dismantler's = = l ] 19 notification form to the [motor vehicle ] division and any law a l r i 20 enforcement agency designated by the [motor vehicle ] division t e a t for that purpose;

and m m 21 e d r e 22 C.

any person licensed under Section [64-4-1 NMSA c e r c 23 1953] 66-4-1 NMSA 1978 may take possession of an abandoned e a n b 24 [motor] vehicle;

u [ (1) [he] the person obtains at the time of .209136.1 - 5 - acquisition a written clearance form from a law enforcement agency mentioned in Section [64-3-121 NMSA 1953 ] 66-3-121 NMSA 1978;

(2) [he] within five days after acquisition of ] the abandoned vehiclevehicle, [or motor vehicle], the person [said requests from the [motor vehicle] division an official [printout] form indicating the names and addresses of all lienholders and owners of record.

If the abandoned vehicle [or motor vehicle] has out-of-state license plates or the licensee has some other reason to believe that the abandoned vehicle [or motor vehicle] is registered in a state other than New Mexico, [he must] the person shall request the same information from the appropriate agency of that state;

(3) [he] within five days after receiving the names and addresses of all lienholders and owners of record, HB 52 Page 5 the person informs them by certified mail, return receipt the person e e 17 requested, of [his ] the person's possession of the abandoned e e n d 18 vehicle [or motor vehicle] and of all charges, if any, against = = l ] 19 the abandoned vehicle [or motor vehicle, if any] and of [his] a l r i 20 the person's intent to dispose of [said] the vehicle if no t e a t claim [be] is made within thirty days after the delivery of the m m 21 e d r e 22 letter;

c e r c 23 (4) in those cases where neither the [motor e a n b 24 vehicle] division nor the appropriate state agency specified in u [ this section is able to furnish the names of any lienholders or .209136.1 - 6 - owners of record, the vehicle shall then be deemed as abandoned, and a licensed dismantler may dispose of the abandoned vehicle [or motor vehicle] once [he] the dismantler has properly completed a dismantler's notification form for the abandoned vehicle [or motor vehicle] and has [mailed one copy abandoned of] submitted the form to the [motor vehicle] division [and one copy of the form to the law enforcement agency designated by the motor vehicle division for that purpose] together with a copy of the correspondence with either the [motor vehicle ] division or the state agency specified in this section indicating that there are no lienholders or owners of record;

(5) when a lienholder or owner of record is known and the required notice has been sent and the dismantler has waited the required thirty days and has not received a valid claim, [he ] the dismantler shall properly complete a vehicle [or dismantler's notification form for the abandoned evehicle e 17 motor vehicle] and [send one copy of] submit the form together e e n d 18 with any correspondence with the [motor vehicle ] division or = = l ] 19 appropriate state agency specified in this subsection a l r i 20 indicating the names and addresses of HB 52 Page 6 lienholders and owners of t e a t record plus proof of notification together with an affidavit m m 21 e d r e 22 signed by the dismantler stating under oath or affirmation that c e r c 23 [he] the dismantler has complied with provisions of this e a n b 24 section and [he ] the dismantler has not received during the u [ thirty-day period following notification any valid claim .209136.1 - 7 - against the abandoned vehicle [or motor vehicle] in question or, while a valid claim has been made, [he ] the dismantler has not received within sixty days following [such ] the notification payment for fees connected with towing and storage vehicle [or motor vehicle] in question [One of the abandoned copy of the dismantler's notification form shall be sent to the law enforcement agency designated by the motor vehicle divisionin forquestion; that purpose];

(6) any person who fails to give notice required in this subsection within the time limit specified shall forfeit all liens, interest and claims to the abandoned vehicle [or motor vehicle] in question if claimed by an owner or lienholder;

(7) failure of an owner or lienholder to assert a claim or to pay all legal storage or towing fees, if any, within the specified period of time shall result in that e e 17 person's forfeiture of liens, interest or claims to the e e n d 18 abandoned vehiclevehicle; [or motor vehicle];

and = = l ] 19 (8) upon complying with the [above ] conditions a l r i 20 of this section and waiting the required period of time, [such t e a t a] the abandoned vehicle [or motor vehicle shall be deemed] is m m 21 e d r e 22 the property of the dismantler for dismantling or salvage c e r c 23 purposes, and [he ] the dismantler shall not be required to take e a n b 24 further action under the lien laws of this state unless the u [ abandoned vehicle [or motor vehicle] is used for other thanHB .209136.152 -Page 87 -than dismantling or salvage purposes, and any person licensed under Section [64-4-1 NMSA 1953 ] 66-4-1 NMSA 1978 may dismantle or destroy [such a ] the abandoned vehiclevehicle." [or motor vehicle]." SECTION 4.