0001| HOUSE BILL 283 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| ROBERTO "BOBBY" J. GONZALES | 0006| | 0007| | 0008| | 0009| FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE | 0010| | 0011| AN ACT | 0012| TRANSFERRING AUTHORITY FOR LICENSING AND REGULATION OF MOTOR | 0013| VEHICLE DEALERS AND DISMANTLERS FROM THE TAXATION AND REVENUE | 0014| DEPARTMENT TO THE REGULATION AND LICENSING DEPARTMENT; ENACTING | 0015| THE MOTOR VEHICLE DEALER AND DISMANTLER LICENSING ACT; REPEALING | 0016| AND ENACTING SECTIONS OF THE NMSA 1978. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Section 1. SHORT TITLE.--This act may be cited as the | 0019| "Motor Vehicle Dealer and Dismantler Licensing Act". | 0020| Section 2. DEFINITIONS.--As used in the Motor Vehicle | 0021| Dealer and Dismantler Licensing Act: | 0022| A. "department" means the regulation and licensing | 0023| department, the superintendent or any employee of the department | 0024| exercising authority lawfully delegated to that employee by the | 0025| superintendent; | 0001| B. "distributing vehicles" means distributing or | 0002| selling new or used motor vehicles, house trailers or | 0003| motorcycles to dealers by any person who is not a manufacturer; | 0004| C. "established place of business" means a place: | 0005| (1) devoted exclusively to the business for | 0006| which the dealer, dismantler or wrecker is licensed and the | 0007| business incidental thereto; | 0008| (2) identified by a prominently displayed sign | 0009| giving the dealer's, dismantler's or wrecker's trade name used | 0010| by the business; | 0011| (3) of sufficient size or space to permit the | 0012| display of one or more vehicles or to permit the parking or | 0013| storing of vehicles to be dismantled or wrecked; | 0014| (4) on which there is located an enclosed | 0015| building on a permanent foundation, which building meets the | 0016| building requirements of the community and is large enough to | 0017| accommodate the office or offices of the dealer, dismantler or | 0018| wrecker and large enough to provide a safe place to keep the | 0019| books and records of the dealer, dismantler or wrecker; | 0020| (5) where the principal portion of the business | 0021| of the dealer, dismantler or wrecker is conducted and where the | 0022| books and records of the business are kept and maintained; and | 0023| (6) where motor vehicle sales are of new | 0024| vehicles only, such as a department store or a franchisee of a | 0025| department store, as long as the department store or franchisee | 0001| keeps the books and records of its motor vehicle business in a | 0002| general office location at its place of business; as used in | 0003| this paragraph, "department store" means a business that offers | 0004| a variety of merchandise other than motor vehicles, and sales of | 0005| the merchandise other than motor vehicles constitute at least | 0006| eighty percent of the gross sales of the business; | 0007| D. "house trailer" means a trailer designed to be | 0008| used as a recreational, camping or travel dwelling. "House | 0009| trailer" does not include any manufactured home, as that term is | 0010| defined in the Manufactured Housing Act; | 0011| E. "motorcycle" means every motor vehicle having a | 0012| seat or saddle for the use of the rider and designed to travel | 0013| on not more than three wheels in contact with the ground, | 0014| excluding a tractor; | 0015| F. "motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power | 0016| obtained from batteries or from overhead trolley wires, but not | 0017| operated upon rails. "Motor vehicle" excludes implements of | 0018| husbandry and special mobile equipment as those terms are | 0019| defined in the Motor Vehicle Code; | 0020| G. "partner" means a person who holds an ownership | 0021| interest in a partnership; | 0022| H. "partnership" means a business organization not a | 0023| sole proprietorship or incorporated; | 0024| I. "person" means an individual or any other legal | 0025| entity; | 0001| J. "superintendent" means the superintendent of | 0002| regulation and licensing; | 0003| K. "trailer" means a vehicle without motive power | 0004| that is: | 0005| (1) designed for carrying persons or property | 0006| and for being drawn by a motor vehicle; | 0007| (2) so constructed that no significant part of | 0008| its weight rests upon the towing vehicle; and | 0009| (3) required to be registered in accordance | 0010| with the Motor Vehicle Code; and | 0011| L. "wholesaling vehicles" means the selling or | 0012| offering for sale of motor vehicles, house trailers or | 0013| motorcycles of a type subject to registration in this state | 0014| under the Motor Vehicle Code to a motor vehicle dealer who is | 0015| licensed pursuant to the provisions of the Motor Vehicle Dealer | 0016| and Dismantler Licensing Act or who is franchised by a | 0017| manufacturer, distributor or motor vehicle dealer to sell or | 0018| promote the sale of motor vehicles dealt in by the manufacturer, | 0019| distributor or motor vehicle dealer. | 0020| Section 3. DEALERS, WRECKERS, DISMANTLERS, VEHICLE | 0021| WHOLESALERS AND VEHICLE DISTRIBUTORS MUST BE LICENSED--PRESUMPTION OF ENGAGING IN BUSINESS.-- | 0022| A. No person, unless licensed to do so by the | 0023| department, shall engage in the business of: | 0024| (1) dealing in motor vehicles or trailers; | 0025| (2) wrecking or dismantling any motor vehicle | 0001| or trailer for the resale of the parts; | 0002| (3) wholesaling motor vehicles or trailers; or | 0003| (4) distributing motor vehicles or trailers. | 0004| B. Application for a dealer's, vehicle wholesaler's, | 0005| vehicle distributor's, wrecker's or dismantler's license shall | 0006| be made upon the form prescribed by the department and shall | 0007| contain: | 0008| (1) the name and address of the applicant and, | 0009| when the applicant is a partnership, the name and address of | 0010| each partner or, when the applicant is a corporation, the names | 0011| of the principal officers of the corporation and the state in | 0012| which incorporated; | 0013| (2) the place or places where the business is | 0014| to be conducted; and | 0015| (3) the nature of the business and other | 0016| information as may be required by the department. | 0017| C. Every application shall be verified by the oath | 0018| or affirmation of the applicant, if an individual, or, in the | 0019| event an applicant is a partnership or corporation, by a partner | 0020| or officer of the partnership or corporation. Every application | 0021| shall be accompanied by the fee required by law. | 0022| D. Any person possessing three or more wrecked, | 0023| dismantled or partially wrecked or dismantled motor vehicles and | 0024| selling or offering for sale a used motor vehicle part and who | 0025| regularly sells or offers for sale used vehicles or used motor | 0001| vehicle parts shall be presumed to be engaging in the business | 0002| of wrecking or dismantling a motor vehicle for the resale of the | 0003| parts and is required to be licensed pursuant to the provisions | 0004| of the Motor Vehicle Dealer and Dismantler Licensing Act. | 0005| E. Any metal processor or dealer in scrap who | 0006| dismantles, processes for scrap, shreds, compacts, crushes or | 0007| otherwise destroys more than three motor vehicles within a | 0008| period of one year shall be presumed to be engaging in the | 0009| business of wrecking or dismantling a motor vehicle for the | 0010| resale of the parts and is required to be licensed pursuant to | 0011| the provisions of the Motor Vehicle Dealer and Dismantler | 0012| Licensing Act. | 0013| Section 4. TYPES OF LICENSES--LICENSE PERIOD.-- | 0014| A. The following types of licenses may be issued: | 0015| (1) dealer's licenses: | 0016| (a) a motor vehicle dealer's license that | 0017| authorizes the licensee to engage at an established place of | 0018| business in the retail business of selling, trading and buying | 0019| motor vehicles and trailers other than manufactured homes, house | 0020| trailers and motorcycles; provided, this license also authorizes | 0021| the licensee to engage in the business of dismantling motor | 0022| vehicles and trailers other than house trailers; | 0023| (b) a house trailer dealer's license that | 0024| authorizes the licensee to engage at an established place of | 0025| business in the business of selling, trading and buying house | 0001| trailers; and | 0002| (c) a motorcycle dealer's license that | 0003| authorizes the licensee to engage at an established place of | 0004| business in the business of selling, trading and buying | 0005| motorcycles; provided, this license also authorizes the licensee | 0006| to engage in the business of wrecking or dismantling | 0007| motorcycles; | 0008| (2) a wrecker's license that authorizes the | 0009| licensee to engage in the business of wrecking and dismantling | 0010| motor vehicles, trailers, manufactured homes and motorcycles; | 0011| (3) a dismantler's license that authorizes the | 0012| licensee to engage in the business of dismantling motor | 0013| vehicles, trailers, manufactured homes and motorcycles; | 0014| (4) a vehicle wholesaler's license that | 0015| authorizes the licensee to engage in the business of wholesaling | 0016| vehicles; and | 0017| (5) a vehicle distributor's license that | 0018| authorizes the licensee to engage in the business of | 0019| distributing vehicles. | 0020| B. Each license shall be issued for a calendar year | 0021| or the portion thereof extending from the date of issuance to | 0022| the end of the calendar year in which the license was issued. | 0023| Each license shall expire at the end of the calendar year for | 0024| which it was issued. | 0025| Section 5. LICENSE FEES.--The fee for issuance of each | 0001| dealer's, wrecker's, dismantler's, vehicle wholesaler's or | 0002| vehicle distributor's license is fifty dollars ($50.00). | 0003| Section 6. DISPOSITION OF LICENSE FEES.--License fees | 0004| collected pursuant to the provisions of the Motor Vehicle Dealer | 0005| and Dismantler Licensing Act shall be distributed in the | 0006| following manner: | 0007| A. thirty-three percent to the general fund; and | 0008| B. sixty-seven percent to the state road fund. | 0009| Section 7. DEPARTMENT TO ISSUE LICENSE--SUPPLEMENTAL | 0010| LICENSES.-- | 0011| A. The department, upon receiving a complete | 0012| application, shall issue to the applicant a license that | 0013| entitles the licensee to engage at an established place of | 0014| business in the business authorized by the license during the | 0015| calendar year for which the license is issued when: | 0016| (1) the required fee is paid; | 0017| (2) any required bond is filed; | 0018| (3) the applicant maintains an established | 0019| place of business at each place of business specified in the | 0020| application; and | 0021| (4) the department is satisfied that the | 0022| applicant is of good character and, so far as can be | 0023| ascertained, has complied with and will comply with the laws of | 0024| this state regarding registration of vehicles and certificates | 0025| of title and the provisions of the Motor Vehicle Dealer and | 0001| Dismantler Licensing Act. | 0002| B. A person holding a currently valid license may | 0003| apply for and the department may issue a renewal of that license | 0004| prior to January 1 of the calendar year for which the renewal is | 0005| sought if the licensee is in compliance with all of the | 0006| conditions set forth in Subsection A of this section. The | 0007| renewed license, however, does not authorize engaging in the | 0008| business for which the license is issued prior to January 1 of | 0009| the calendar year for which it is issued. | 0010| C. A licensee, before moving any one or more of the | 0011| licensee's places of business or opening any additional place of | 0012| business, shall apply to the department for a supplemental | 0013| license, for which no fee shall be charged. The department | 0014| shall issue each supplemental license applied for provided that | 0015| no supplemental license shall be issued to a motor vehicle or | 0016| house trailer dealer for an additional place of business unless: | 0017| (1) the place of business is an established | 0018| place of business; or | 0019| (2) the majority of motor vehicle and house | 0020| trailer dealers in the county in which the proposed additional | 0021| place of business would be located have been offered the | 0022| opportunity, in documentation acceptable to the department, to | 0023| offer vehicles for sale at the proposed additional place of | 0024| business by the applicant; provided that the offer shall be for | 0025| sale of vehicles at all times at which the applicant proposes to | 0001| sell vehicles and shall not be conditioned upon the payment of | 0002| any fee by any dealer to whom it is addressed greater than a | 0003| fair share of the actual expenses incurred. | 0004| Section 8. BOND REQUIREMENTS.-- | 0005| A. Before issuance of the motor vehicle dealer's | 0006| license, house trailer dealer's license, vehicle wholesaler's | 0007| license, vehicle distributor's license, wrecker's license or | 0008| dismantler's license applied for, the applicant shall procure | 0009| and file with the department a corporate surety bond in the | 0010| amount of twenty thousand dollars ($20,000). An applicant for a | 0011| motorcycle dealer's license only shall procure and file with the | 0012| department a corporate surety bond in the amount of twelve | 0013| thousand five hundred dollars ($12,500). The corporate surety | 0014| shall be licensed to do business in this state, and the form of | 0015| the bond shall be approved by the attorney general. The bond | 0016| shall be payable to the state for the use and benefit of the | 0017| purchaser and the purchaser's vendees, conditioned upon payment | 0018| of any loss, damage and expense sustained by the purchaser or | 0019| the purchaser's vendees, or both, by reason of failure of the | 0020| title of the vendor, by any fraudulent misrepresentations or by | 0021| any breach of warranty as to freedom from liens on the motor | 0022| vehicle, house trailer or motorcycle sold by the dealer, vehicle | 0023| wholesaler, vehicle distributor, wrecker or dismantler. The | 0024| bond shall be continuous in form and limited to the payment of | 0025| twenty thousand dollars ($20,000) in total aggregate liability | 0001| on a motor vehicle dealer's license, house trailer dealer's | 0002| license, vehicle wholesaler's license, vehicle distributor's | 0003| license, wrecker's license or dismantler's license and twelve | 0004| thousand five hundred dollars ($12,500) on a motorcycle dealer's | 0005| license. | 0006| B. No applicant for a dealer's license, vehicle | 0007| wholesaler's license or vehicle distributor's license who files | 0008| bond in the amount and form specified in Subsection A of this | 0009| section shall be required to file any additional bond to engage | 0010| in the business of wrecking or dismantling motor vehicles, house | 0011| trailers or motorcycles. Conversely, no applicant for a | 0012| wrecker's license who files bond in the amount and form | 0013| specified in Subsection A of this section shall be required to | 0014| file any additional bond to engage in the business of dealing in | 0015| motor vehicles, house trailers or motorcycles, distributing | 0016| motor vehicles or wholesaling motor vehicles, house trailers or | 0017| motorcycles. | 0018| C. No applicant for a motorcycle dealer's license | 0019| who files a bond in the amount and form specified in Subsection | 0020| A of this section shall be required to file any additional bond | 0021| to engage in the business of dealing in motorcycle trailers | 0022| incidental to dealing in motorcycles. | 0023| D. The provisions of this section requiring dealers | 0024| and wreckers to post a bond do not apply to persons who deal in | 0025| boat trailers incidentally to dealing in boats and who do not | 0001| deal in other motor vehicles or trailers. | 0002| Section 9. ESTABLISHED PLACE OF BUSINESS.--No license | 0003| shall be issued to an applicant for a dealer's, dismantler's or | 0004| wrecker's license unless an established place of business is | 0005| maintained by the applicant. Once issued, a dealer's or | 0006| wrecker's license becomes invalid when the licensee fails to | 0007| maintain an established place of business. | 0008| Section 10. CRIMINAL OFFENDER'S CHARACTER EVALUATION.--The | 0009| provisions of the Criminal Offender Employment Act shall govern | 0010| any consideration of criminal records required or permitted by | 0011| the Motor Vehicle Dealer and Dismantler Licensing Act. | 0012| Section 11. REFUSAL TO ISSUE LICENSE--CANCELLATION OR | 0013| SUSPENSION OF LICENSE OR USE OF TEMPORARY PERMITS--HEARING.-- | 0014| A. For just cause the department may refuse to issue | 0015| a license and may cancel or suspend a license for violation of | 0016| the provisions of the Motor Vehicle Dealer and Dismantler | 0017| Licensing Act, Sections 66-3-504 through 66-3-508 NMSA 1978 or | 0018| the provisions of the Motor Vehicle Code relating to dismantling | 0019| or destruction of vehicles or the transportation of inoperable | 0020| or abandoned vehicles by persons licensed under the Motor | 0021| Vehicle Dealer and Dismantler Licensing Act. The refusal, | 0022| cancellation or suspension may take place only after a hearing. | 0023| Notice of the hearing shall be given the party concerned as | 0024| provided in Section 12 of the Motor Vehicle Dealer and | 0025| Dismantler Licensing Act. The notice shall state the proposed | 0001| action of the department and the reason for the proposed action. | 0002| B. The department shall promulgate rules and | 0003| regulations for the conduct of a hearing. At a hearing, the | 0004| technical rules of evidence shall not apply and a party shall | 0005| have the right to be represented by counsel, to call witnesses | 0006| in the party's behalf and to cross-examine the witnesses of | 0007| other parties. | 0008| C. The superintendent or the superintendent's | 0009| designated agent shall conduct the hearing for the department | 0010| and shall cause a record of the hearing to be made. | 0011| D. Within ten days after completion of the hearing, | 0012| the superintendent shall serve notice of the decision upon all | 0013| parties in the manner provided in the Motor Vehicle Dealer and | 0014| Dismantler Licensing Act. The decision shall be: | 0015| (1) to grant the license or to refuse to grant | 0016| the license; or | 0017| (2) to continue the license, to cancel the | 0018| license or to suspend the license for a time stated. | 0019| E. Within thirty days after receipt of notice of the | 0020| decision of the superintendent, any party aggrieved may stay the | 0021| decision by docketing the case in the district court. The | 0022| district court shall hear the cause de novo. Appeals from the | 0023| decision of the district court may be taken in the manner | 0024| provided by the Rules of Appellate Procedure. | 0025| Section 12. GIVING OF NOTICE.--Whenever the department is | 0001| authorized or required to give any notice provided by the Motor | 0002| Vehicle Dealer and Dismantler Licensing Act, notice shall be | 0003| given either by personal delivery to the person to be notified | 0004| or by deposit of the notice in the United States mail in an | 0005| envelope with postage prepaid, addressed to the person at his | 0006| address as shown by the records of the department. The giving | 0007| of notice by mail is complete upon the expiration of seven days | 0008| after deposit of the notice. Proof of the giving of notice in | 0009| either manner may be made by the certificate of any officer or | 0010| employee of the department or affidavit of any person over | 0011| eighteen years of age, naming the person to whom the notice was | 0012| given and specifying the time, place and manner of the giving of | 0013| the notice. Notice is given when a person refuses to accept | 0014| notice. | 0015| Section 13. SUPERINTENDENT MAY INSPECT PLACE OF | 0016| BUSINESS.--The superintendent and any officers or inspectors | 0017| designated by the superintendent through the issuance of | 0018| credentials have the powers to: | 0019| A. inspect any vehicle of a type required to be | 0020| registered under the Motor Vehicle Code in any public garage or | 0021| repair shop or in any place where the vehicles are held for sale | 0022| or wrecking for the purpose of locating stolen vehicles and | 0023| investigating the title and registration of the vehicles; and | 0024| B. determine by inspection that dealers, vehicle | 0025| wholesalers, vehicle distributors, wreckers and dismantlers are | 0001| in compliance with the requirements of the Motor Vehicle Dealer | 0002| and Dismantler Licensing Act. | 0003| Section 14. INJUNCTION AGAINST PERSONS NOT LICENSED.-- | 0004| A. To ensure compliance with the licensing | 0005| provisions of the Motor Vehicle Dealer and Dismantler Licensing | 0006| Act, the superintendent may apply to a district court of this | 0007| state to enjoin any person from engaging in business until that | 0008| person complies with the licensing requirements of that act if | 0009| that person is required to be licensed under that act but is | 0010| operating without a required license. | 0011| B. Upon application to a court for the issuance of | 0012| an injunction against the person operating without a required | 0013| license, the court may immediately issue an order temporarily | 0014| restraining the person from doing business. The court shall | 0015| hear the matter within three days and, upon a showing by the | 0016| preponderance of the evidence that the person is operating | 0017| without a required license and that the person has been given | 0018| notice of the hearing as required by law, the court may enjoin | 0019| the person from engaging in business in New Mexico until the | 0020| person ceases to be unlicensed. Upon issuing an injunction, the | 0021| court may also order the business premises of the person to be | 0022| sealed by the sheriff and may allow the person access only upon | 0023| approval of the court. | 0024| C. No temporary restraining order shall be issued | 0025| against any person who has complied with the licensing | 0001| provisions of the Motor Vehicle Dealer and Dismantler Licensing | 0002| Act. Upon a showing to the court by any person against whom a | 0003| temporary restraining order has been issued that the person has | 0004| a license in accordance with that act, the court shall dissolve | 0005| or set aside the temporary restraining order. | 0006| Section 15. PENALTY FOR ENGAGING IN BUSINESS WITHOUT | 0007| REQUIRED LICENSE.-- | 0008| A. Any person engaging in a business for which a | 0009| license is required pursuant to the provisions of the Motor | 0010| Vehicle Dealer and Dismantler Licensing Act without holding the | 0011| required license is guilty of a misdemeanor and upon conviction | 0012| shall be punished by a fine of not more than three hundred | 0013| dollars ($300) or by imprisonment for a definite term not to | 0014| exceed ninety days, or both. | 0015| B. Any person convicted for a second or subsequent | 0016| time within a period of ten years of engaging in a business for | 0017| which a license is required pursuant to the provisions of the | 0018| Motor Vehicle Dealer and Dismantler Licensing Act without | 0019| holding the required license is guilty of a fourth degree | 0020| felony. | 0021| Section 16. TEMPORARY PROVISION--TRANSITION.-- | 0022| A. References in the Motor Vehicle Code to Sections | 0023| 64-4-1 through 64-4-9 NMSA 1953 or Sections 66-4-1 through | 0024| 66-4-9 NMSA 1978 shall be construed to refer to the Motor | 0025| Vehicle Dealer and Dismantler Licensing Act. Any reference in | 0001| the Motor Vehicle Code to dealer's licenses, wrecker's licenses, | 0002| dismantler's licenses, wholesaler's licenses or distributor's | 0003| licenses shall be construed to refer to the appropriate license | 0004| authorized pursuant to the provisions of the Motor Vehicle | 0005| Dealer and Dismantler Licensing Act. | 0006| B. On or after July 1, 1996, the regulation and | 0007| licensing department may accept applications for and issue the | 0008| licenses authorized by the Motor Vehicle Dealer and Dismantler | 0009| Licensing Act for calendar year 1997 provided that the | 0010| regulation and licensing department and the taxation and revenue | 0011| department have agreed to a plan transferring the licensing | 0012| function. Any money collected during a month prior to January | 0013| 1, 1997 by the regulation and licensing department through | 0014| issuing licenses authorized by the Motor Vehicle Dealer and | 0015| Dismantler Licensing Act shall be transferred to the taxation | 0016| and revenue department not later than the tenth day following | 0017| the end of the month for disposition in accordance with the | 0018| Motor Vehicle Code. | 0019| C. Any actions ongoing on December 31, 1996, with | 0020| respect to Sections 66-4-1 through 66-4-9 NMSA 1978 shall | 0021| continue pursuant to the provisions of those sections in effect | 0022| on December 31, 1996. | 0023| Section 17. REPEAL.--Sections 66-4-1 through 66-4-9 and | 0024| 66-6-18 NMSA 1978 (being Laws 1978, Chapter 35, Sections 214 | 0025| through 222 and 353, as amended) are repealed. | 0001| Section 18. EFFECTIVE DATE.--The effective date of the | 0002| provisions of Sections 1 through 15 and 17 of this act is | 0003| January 1, 1997. | 0004| - 18 - State of New Mexico | 0005| House of Representatives | 0006| | 0007| FORTY-SECOND LEGISLATURE | 0008| SECOND SESSION, 1996 | 0009| | 0010| | 0011| February 7, 1996 | 0012| | 0013| | 0014| Mr. Speaker: | 0015| | 0016| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to | 0017| whom has been referred | 0018| | 0019| HOUSE BILL 283 | 0020| | 0021| has had it under consideration and reports same with | 0022| recommendation that it DO PASS, amended as follows: | 0023| | 0024| 1. On page 17, between lines 24 and 25, insert the | 0025| following new subsection: | 0001| | 0002| "D. Regulations of the secretary of taxation and | 0003| revenue with respect to Section 66-4-1 through 66-4-9 | 0004| and | 0005| Section 66-6-8 NMSA 1978 shall continue in force until | 0006| repealed or superseded by the superintendent of | 0007| regulation | 0008| and licensing."., | 0009| | 0010| and thence referred to the TAXATION AND REVENUE | 0011| COMMITTEE. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| | 0018| Lynda M. Lovejoy, Chairwoman | 0019| | 0020| | 0021| Adopted Not Adopted | 0022| | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| Date | 0001| | 0002| The roll call vote was 9 For 0 Against | 0003| Yes: 9 | 0004| Excused: Roberts, Wallace | 0005| Absent: None | 0006| | 0007| | 0008| | 0009| H0283GU1 State of New Mexico | 0010| House of Representatives | 0011| | 0012| FORTY-SECOND LEGISLATURE | 0013| SECOND SESSION, 1996 | 0014| | 0015| | 0016| February 9, 1996 | 0017| | 0018| | 0019| Mr. Speaker: | 0020| | 0021| Your TAXATION AND REVENUE COMMITTEE, to whom has | 0022| been referred | 0023| | 0024| HOUSE BILL 283, as amended | 0025| | 0001| has had it under consideration and reports same with | 0002| recommendation that it DO PASS, amended as follows: | 0003| | 0004| 1. On page 5, line 24, insert after "person" the words | 0005| and punctuation ", other than an authorized insurer as that | 0006| term is defined in the Insurance Code,". | 0007| | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| Jerry W. Sandel, Chairman | 0016| | 0017| | 0018| Adopted Not Adopted | 0019| | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| Date | 0023| | 0024| The roll call vote was 9 For 0 Against | 0025| Yes: 9 | 0001| Excused: Crook, Gallegos, Hawkins, Lovejoy | 0002| Absent: None | 0003| | 0004| | 0005| | 0006| H0283TR1 | 0007| | 0008| FORTY-SECOND LEGISLATURE | 0009| SECOND SESSION, 1996 | 0010| | 0011| | 0012| February 12, 1996 | 0013| | 0014| Mr. President: | 0015| | 0016| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0017| referred | 0018| | 0019| HOUSE BILL 283, as amended | 0020| | 0021| has had it under consideration and reports same with | 0022| recommendation that it DO PASS, and thence referred to the | 0023| CORPORATIONS & TRANSPORTATION COMMITTEE. | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| __________________________________ | 0005| Shannon Robinson, Chairman | 0006| | 0007| | 0008| | 0009| Adopted_______________________ Not Adopted_______________________ | 0010| (Chief Clerk) (Chief Clerk) | 0011| | 0012| | 0013| Date ________________________ | 0014| | 0015| | 0016| The roll call vote was 5 For 0 Against | 0017| Yes: 5 | 0018| No: None | 0019| Excused: E. Jennings, Naranjo, Smith | 0020| Absent: none | 0021| | 0022| | 0023| S0280PA1 | 0024| | 0025| | 0001| | 0002| FORTY-SECOND LEGISLATURE | 0003| SECOND SESSION, 1996 | 0004| | 0005| | 0006| February 13, 1996 | 0007| | 0008| Mr. President: | 0009| | 0010| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to | 0011| whom has been referred | 0012| | 0013| HOUSE BILL 283, as amended | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO PASS, and thence referred to the | 0017| FINANCE COMMITTEE. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| __________________________________ | 0024| Roman M. Maes, III, Chairman | 0025| | 0001| | 0002| | 0003| Adopted_______________________ Not Adopted_______________________ | 0004| (Chief Clerk) (Chief Clerk) | 0005| | 0006| | 0007| Date ________________________ | 0008| | 0009| | 0010| The roll call vote was 5 For 0 Against | 0011| Yes: 5 | 0012| No: 0 | 0013| Excused: Fidel, Maloof, McKibben, Robinson | 0014| Absent: None | 0015| | 0016| | 0017| H0283CT1 | 0018| | 0019| | 0020| | 0021| FORTY-SECOND LEGISLATURE | 0022| SECOND SESSION, 1996 | 0023| | 0024| | 0025| February 14, 1996 | 0001| | 0002| Mr. President: | 0003| | 0004| Your FINANCE COMMITTEE, to whom has been referred | 0005| | 0006| HOUSE BILL 283, as amended | 0007| | 0008| has had it under consideration and reports same with | 0009| recommendation that it DO PASS. | 0010| | 0011| Respectfully submitted, | 0012| | 0013| | 0014| | 0015| __________________________________ | 0016| Ben D. Altamirano, Chairman | 0017| | 0018| | 0019| | 0020| Adopted_______________________ Not Adopted_______________________ | 0021| (Chief Clerk) (Chief Clerk) | 0022| | 0023| | 0024| | 0025| Date ________________________ | 0001| | 0002| | 0003| The roll call vote was 8 For 0 Against | 0004| Yes: 8 | 0005| No: 0 | 0006| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar | 0007| Absent: None | 0008| | 0009| | 0010| H0283FC1 | 0011| |