HB 362 — LIMIT CERTAIN AUTO SALE LOCATIONS

HOUSE BILL 362 5454TH THLEGISLATURE LEGISLATURE- STATE OF NEW MEXICO - STATEOFNEWMEXICO- FIRST SESSIO,SESSION, 2019 INTRODUCED BY William "Bill" R.

Rehm 6Pursuant 8to 10House ANRule ACT24-1, RELATINGthis TOdocument MOTORincorporates VEHICLES;amendments that have been adopted prior to consideration of this measure by the House.

LIMITINGIt THEis LOCATIONSa WHEREtool Ato MOTORshow VEHICLEthe MAYamendments BEin SOLDcontext ORand OFFEREDis FORnot SALE;to be used for the purpose of amendments.

PROHIBITINGAN THEACT SALERELATING OFTO A MOTOR VEHICLEVEHICLES; BY A NON-OWNER WHO IS NOT A MOTOR VEHICLE DEALER.

16LIMITING BETHE ITLOCATIONS ENACTEDWHERE BYA THEh LEGISLATUREMOTOR OFVEHICLE THEMAY STATEBE OFSOLD NEWOR MEXICO:OFFERED FOR SALE;

ePROHIBITING THE g o SALE OF A MOTOR VEHICLE BY A NON-OWNER WHO IS NOT A MOTOR t 17hr SECTIONg 1.e i k VEHICLE DEALER.

Sectionh 66-3-126r NMSAi 1978s (beingh Laws, 1987,t, wBE lIT nENACTED dBY 18THE ChapterLEGISLATURE 250,OF SectionTHE 2)STATE isOF amendedNEW toMEXICO: read:

=e =u 19g "66-3-126.e b l e e h SECTION 1.

CASUALSection SALES--[PLACE66-3-126 OFNMSA SALE1978 ](being ADVERTISING--Laws a1987, ln d d i a= e= ro 20h REGISTRATION--PENALTY.--Chapter a250, tSection m2) mis 21amended [A.to read:

Nol person,] notb a,d dealer,i making a casualº sale d r e 22"66-3-126. of his own motor vehicle duly registered to him shall sell the c e s k 23 vehicle or offer or display the motor vehicle for sale at any e a n b 24 location other than his current residence, place of employment u [ or at any site where the seller of the motor vehicle has .212427.2 obtained prior written permission from the land owner.

CASUAL SALES--[PLACE OF SALE ] A.ADVERTISING-- r i = r t e w d m a n o REGISTRATION --PENALTY.-- d m :

Unlessb ae persond iss aº usedo motort vehiclen dealer,= a.212427.2 persons shallk notm selle moree thana fourn motore vehiclesd registeredr toe thel personu or[ toA anotherd person[A. in a calendar year.

6No B.person, not a dealer, making a casual sale of his own motor vehicle duly registered to him shall sell the vehicle or offer or display the motor vehicle for sale at any location other than his current residence, place of employment or at any site where the seller of the motor vehicle has obtained prior written permission from the land owner.] A.

Unless a person is a usedHCEDCºused»HCEDC motor vehicle dealer, beforea the person attemptsshall tonot sell amore usedthan four motor vehicle,vehicles theregistered person shall possess the title to the usedperson motoror vehicleto andanother theperson motor vehicle shall be registered in thea person'scalendar name.year.

B.

Unless a person is a HCEDCºused»HCEDC motor vehicle dealer, before the person attempts to sell a used motor vehicle, the person shall possess the title to the used motor vehicle and the motor vehicle shall be registered in the person's name.

Any person who violates any provision of h this section is guilty of a misdemeanor and shall be punished u » r by a fine of three hundred dollars ($300) or by imprisonment t h g e l i for not less than thirty days or both." h r i s SECTION 2.

Section 66-4-2.2 NMSA 1978 (being Laws 2007, h , e h Chapter 319, Section 41) is amended to read:

t u g e b l e e , gh "66-4-2.2.

OFF-SITE SALES.-- en ed 17d i = = o h A.

Except as otherwise provided in this section, a el e] nb d,d 18i a º r New Mexico licensed dealer shall not sell a vehicle or offer or =e r = lt ]e 19w d m a n o display a motor vehicle for sale at a location other than the ad lm r: i 20 licensed dealer's established place of business, as defined in t e a t Section 66-1-4.5 NMSA 1978;

providedb thatr for purposes of this m m 21 e dt rº eo 22t subsection,n a= vehicle.212427.2 shalls notk bem deemede offered- or2 displayed- c e ra cn 23e ford saler ate al locationu other[ thanA thed licensed dealer's e a n b 24 established place of businessbusiness, ifas thedefined vehicle is in useSection for66-1-4.5 aNMSA u1978; [ purpose other than to sell or offer or display the vehicle for .212427.2 - 2 - sale and the vehicle is at the off-site location for less than twelve hours.

provided that for purposes of this subsection, a vehicle shall not be deemed offered or displayed for sale at a location other than the licensed dealer's established place of business if the vehicle is in use for a purpose other than to sell or offer or display the vehicle for sale and the vehicle is at the off-site location for less than twelve hours.

(1) documents to the satisfaction of the department that the dealer has offered the majority of dealers, h other than dealers in motorcycles only, in the county in which u » r the proposed temporary off-site location would be located, the t h g e l i opportunity to offer vehicles or vessels for sale at the h r i s proposed temporary off-site location;

provided that the offer h , e h shall be for sale of vehicles or vessels at all times during t u g e b l e e , gh which the applicant proposes to sell vehicles or vessels and en ed 17d i = = o h shall not be conditioned upon the payment of a fee by a dealer el e] nb d,d 18i a º r to whom the off-site permit is addressed that is greater than a =e r = lt ]e 19w d m a n o fair share of the actual expenses;

and ad l r i 20 (2) obtains either an original rider to the t e a t dealer's existing corporate surety bond or an original m m: 21 e d r e 22 corporate surety bond in compliance with the provisions of c e r c 23 Section 66-4-7 NMSA 1978 to cover the proposed temporary e a n b 24 off-site location and dates of sale.

b r e t º o t n = .212427.2 s k m e - 3 - e a n e d r e l u [ [B.]A C.d (2) obtains either an original rider to the dealer's existing corporate surety bond or an original corporate surety bond in compliance with the provisions of Section 66-4-7 NMSA 1978 to cover the proposed temporary off-site location and dates of sale.

All[B.] temporaryC. off-site locations shall be .212427.2 - 3 - identified by prominently displayed signs identifying the names of the New Mexico licensed dealers selling vehicles or vessels at the temporary off-site location and shall be of sufficient size or space to permit the safe display of the vehicles or vessels offered for sale." SECTION 3.

All temporary off-site locations shall be identified by prominently displayed signs identifying the names of the New Mexico licensed dealers selling vehicles or vessels at the temporary off-site location and shall be of sufficient size or space to permit the safe display of the vehicles or vessels offered for sale." SECTION 3.

- 4 - 10h 12u 14» 16r et eh 17g e l i h r i s h , e nh dt 18u =g =e b l ]e 19e a, lgh rn id 20d ti e= a= to mh ml 21] eb d,d ri ea 22º cr e r c= 23t e w d m a n bo 24d um [: .212427.2

b r e t º o t n = .212427.2 s k m e e a n e d r e l u [ A d