Legislation Report Monday, December 4, 2023

 House Bill 2 (HB 2) is the General Appropriations Act of 2023 reflecting the governor’s comprehensive state budget recommendation for Fiscal Year 2024.

 House Bill 3 (HB 3) provides the Department of Transportation budget and performance measures for Fiscal Year 2024.

 House Bill 6 (HB 6) clarifies the requirement for a written statement of deductions in certain circumstances. It increases certain civil penalties, the time permitted to remedy nonpayment of rent for a rental agreement, and periods of time required for nonpayment notices. HB 6 requires the issuance of a judgment of restitution prior to a writ of restitution and clarifies that issuance and execution of a writ of restitution are stayed during an appeal. It prohibits an owner from refusing to renew or seeking to terminate a rental agreement during a declared emergency or disaster. 
HB 6 declares an emergency.

 House Bill 12 (HB 12) enacts the Advanced Energy Technology Act that allows public partners to enter into public-private partnership agreements to facilitate development of advanced energy technology projects. It establishes criteria for approval of advanced energy technology projects. HB 12 creates the Advanced Energy Technology Fund and authorizes grants, loans and revenue bonds. It specifies powers and duties of the New Mexico Finance Authority and requires reports. HB 12 adds an exemption to the Procurement Code. It creates the Economic Transition Division of the Economic Development Department. HB 12 amends the title of a division of the Economic Development Department and revises its duties. It creates the Economic Transition Fund and revises membership of the Board of the Technology Research Collaborative. It amends and enacts sections of the NMSA 1978. HB 12 declares an emergency.

 House Bill 24 (HB 24) requiring counties and municipalities to take responsibility for the repair, improvement or construction of sidewalks and repeals Section 3-49-4 NMSA 1978.

 House Bill 25 (HB 25) increases the minimum wage for employees and provides an annual adjustment to the minimum wages based on inflationary measures.

 House Bill 26 (HB 26) reinstates certain provisions for the notice and publication of lists of abandoned property, which were eliminated by laws 2021, Chapter 65, Section 10.

 House Bill 28 (HB 28) provides an annual cost-of-living increase to the state minimum wage rate beginning in 2023. HB 28 provides that certain tipped employees receive an hourly rate that is 25 percent of the prevailing hourly minimum wage rate plus tips. HB 28 specifies an effective date for these provisions as July 1, 2023.

 House Bill 30 (HB 30) enacts the Public School Ventilation Improvement Act that requires school districts and charter schools to improve mechanical ventilation systems in public schools.

 House Bill 42 (HB 42) creates the Statewide Public Health and Climate Program and the Public Health and Climate Resiliency Fund within the Public Health Act (Section 24-1-1 et seq NMSA) and makes appropriations totaling six million one hundred thousand dollars ($6,100,000).

 House Bill 43 (HB 43) requires public schools and public and private post-secondary educational institutions to adopt policies and procedures addressing affirmative consent and prevention of sexual assault, domestic violence, dating violence, harassment and stalking. HB 43 amends Public School code to include a requirement to set affirmative consent as the standard for sexual activity. HB 43 change graduation requirements to include a health education course that addresses affirmative consent and sexual abuse.

 House Bill 46 (HB 46) requires contributions to apprentice and training programs for all public works and construction projects, and conforms references to the Workforce Solutions Department.

 House Bill 55 (HB 55) relates to criminal law and creates the crime of organized retail crime, with penalties ranging from a petty misdemeanor to a second-degree felony, depending on the amount of merchandised affected.

 House Bill 67 was substituted by House Energy, Environment and Natural Resources Committee (HB 67 HENRCcs) by amending Industrial Revenue Bond (IRB) Act and the County IRB Act to make electric energy storage facilities eligible for revenue bond funding. The bill also requires Payment-in-Lieu-Of-Taxes to school districts by local governments that acquire the facilities. HB 67 HENRCcs exempts the sale of energy storage equipment to government entities from Gross Receipts Tax and includes a sunset date of the act.

 House Bill 107 (HB 107repeals the Opportunity Scholarship Act; declares an emergency.

 House Bill 114 (HB 114) makes an appropriation to support apprenticeship programs pursuant to the apprenticeship assistance act.

 House Bill 119 (HB 119) modifies personal income tax taxable income levels beginning Tax Year 2024.

 House Bill 120 (HB 120) limits capital gains deductions from net income.

 House Bill 125 (HB 125) creates a Dual Credit Task Force in public education; provides duties; and requires a final report.

 House Bill 126 (HB 126) amends Public Schools to make changes to graduation requirements for students entering ninth grade in 2024-2025.

 House Bill 160 (HB 160) authorizes the commissioner of public lands to grant rights of way and easements across state lands for infrastructure used for broadband internet services in Section 19-7-57 NMSA 1978 and grants the State Transportation Commission the same authority for such installation along, across, over or under public highways in Section 67-3-12 NMSA 1978. It authorizes the commissioner to waive fees or leasing costs for infrastructure that is to be used primarily to provide broadband internet services to unserved or underserved locations as defined in the Connect New Mexico Act or the state transportation commission to waive administrative and annual fees under the same conditions.

 House Bill 166 (HB 166) aligns provisions of the New Mexico Work and Save Act to enable auto-IRA partnership with other states; clarifies definitions; requires certain employers to register as participating employers and to auto-enroll employees in the New Mexico Work and Save IRA program; allows employees to opt-out of auto-enrollment; and makes an appropriation.

 House Bill 179 (HB 179) requires that property owners must be notified of the filing of liens within 15 days.

 House Bill 185 (HB 185) enacts the Environmental Standards for Appliances and Fixtures Act and provides penalties.

 House Bill 188 (HB 188) creates the Economic Transition Division within the Economic Development Department. Expands the membership of the Sustainable Economy Advisory Council. Enacts the Transition Act. Makes appropriations.

 House Bill 199 (HB 199) amends several Public Education codes to increase the at-risk  index and the fine arts factor. It also increases the responsibility factors for principals and assistant principals.

 House Bill 208 (HB 208) creates the Rail Infrastructure Income Tax Credit and companion corporate income tax credit.

 House Bill 213 (HB 213) enacts the Public Private Partnership Act; allows public partners to enter into public-private partnership agreements to facilitate public projects; creates the public-private partnership board; creates the public-private partnership project fund; provides for an exemption to the procurement code; authorizes grants, loans and bonds; provides powers and duties; provides a delayed repeal; and requires reports.

 House Bill 216 (HB 216) provides for the Legislative Education Study Committee to study issues pertaining to New Mexico’s public educational system.

 House Bill 233 (HB 233) modifies laws related To executive organization, reorganizing the Regulation and Licensing Department; providing for compliance inspectors involving alcohol and cannabis divisions; and including the Boards and Commissions Division and Information Technology Division.

 House Bill 234 (HB 234) relates to crime and amends the elements of robbery, creates the crime of organized retail crime, and adds organized retail crime to the definition of racketeering.

 House Bill 241 (HB 241) prohibits a county, a municipality or the state from issuing a building permit for the construction of multifamily dwelling units consisting of
twelve or more units where less than fifty-five percent of the total units are owner-occupied.

 House Bill 242 (HB 242) provides for a private right of action to enforce certain statutes by enacting new sections of the Oil and Gas Act, the Air Quality Control Act, the Hazardous Waste Act, the Solid Waste Act, and the Water Quality Act.

 House Bill 245 (HB 245) enacts the employee free speech act, protects employee free speech from captive audience speeches, and provides remedies for violations of employee free speech.

 House Bill 266 (HB 266) enacts the Equal Education Opportunity Scholarship Act and provides for Tuition Scholarship Organizations to grant educational scholarships to low-income students to attend public and nonpublic schools. HB 266 creates income tax and corporate income tax credits for contributions to tuition scholarship organizations that provide educational scholarships for low-income students .

 House Bill 269 (HB 269) requires the Motor Vehicle Division of the Taxation and Revenue Department to use reports from the federal commercial driver's license drug and alcohol
clearinghouse in issuing, renewing, upgrading, downgrading and transferring commercial driver's licenses or commercial learner's permits. It provides content to be included on commercial learner's permits and commercial driver's licenses.

 House Bill 292 (HB 292) modifies The Lynn and Erin Compassionate Use Act (“the Act”, regarding medical cannabis) to update the definition of “Safety-Sensitive Position”.

 House Bill 298 (HB 298) makes an appropriation from the public project revolving fund to the drinking water state revolving loan fund, the water and wastewater project grant fund, the cultural affairs facilities infrastructure fund and the local government planning fund.

 :  House Bill 299 (HB 299) enacts the Elevator Safety Act that provides for inspection and registration of elevators.

 House Bill 329 (HB 329) increases the penalty for violations of the Workers’ Compensation Act.

 House Bill 342 (HB 342) amends Taxation to align the uses of Education Savings Plans provided for in the Education Trust Act to comply with federally allowable uses of the savings.

 House Bill 367 (HB 367) reduces Gross Receipts Tax and Compensating Tax rates and provides an exemption from taxes for professional services.

 House Bill 368 (HB 368) changes an exemption into a credit for pass-through entities that pay entity-level tax.

 House Bill 374 (HB 374) amends municipal population requirements for certain projects that the Economic Development Department may participate in with local or regional governments.

 House Bill 416 (HB 416) The bill appropriates one million dollars ($1,000,000) to the Economic Development Department to conduct site readiness and gap analysis assessment for property development.

 House Bill 424 (HB 424) clarifies the appointive authority for the apprenticeship council and updates personnel references.

 House Bill 425 (HB 425) allows for an additional dwelling unit on a lot within a single-family zoning district under certain circumstances. It provides that restrictions on an additional dwelling unit in an instrument for the sale or transfer of an interest in a planned development or homeowner association are void.

 House Bill 448 (HB 448) enacts the Dropout Recovery Act. HB 448 amends the definition of “qualified student” to include dropout students. HB 448 provides eligibility requirements to become a dropout recovery school. It requires the Public Education Department to annually maintain a list of students who are identified as dropouts. HB 448 provides rule making authority and requires dropout recovery schools to annually report enrollment.

 House Bill 449 amends Energy Transition to revise eligibility for assistance to displaced workers. Declares an emergency.

 House Bill 455 (HB 455) This is a proposed amendment to the Workers' Compensation Act in the state of New Mexico. The amendment seeks to make several changes to the law regarding attorney fees and discovery costs.

 House Bill 472 (HB 472) enacts the Career Technical Education Community Educators Act. HB 472 allows licensure and contracting of career technical community educators. HB 472 requires satisfactory clearance of fingerprint-based background checks and participation in the performance evaluation process. HB 472 allows for termination of contract. HB 472 exempts career technical education community educators from the provisions of the Educational Retirement Act, the Public Employees Retirement Act and the Deferred Compensation Act.

 House Bill 489 (HB 489) changes the qualifications of the position of state engineer

 House Bill 505 (HB 505) Relates to Capital Expenditures; Authorizing expenditures, establishing conditions for the reversion of unexpended balances, makes appropriations and declares an emergency.

 House Bill 547 substitute bill from the House Taxation and Revenue Committee (HB 547 HTRCcs) is an omnibus tax bill that combined elements from many other tax bills that proposes tax exemptions for lower- and middle-class earners, child income tax credits, and a reduction of a half-percent of the State Gross Receipts Tax.

 House Joint Memorial 7 (HJM 7) relates to the funding of public school heating, ventilation and air conditioning.

 House Joint Resolution 4 (HJR 4) proposes to amend NM Const. Article 2 by adding a new section that provides the people of the state with environmental rights and directs the state, counties and municipalities to serve as trustees of the state’s natural resources for the benefit of all the people. It proposes to repeal the current pollution control provisions of NM Const., Article 20, section 21.

 House Memorial 4 (HM 4) asks the Governor to designate September 2023 “Labor History Month” in New Mexico.

 House Memorial 7 (HM 7) seeks a task force to study whether the state should establish a basic income for low-income individuals.

 House Memorial 27 (HM 27) declares February 9, 2023, “JAG-NM Day” in the state House of Representatives.

 Senate Bill 5 (SB 5) creates the Statewide Public Health and Climate Program and the Public Health and Climate Resiliency Fund within the Public Health Act (Section 24-1-1 et seq NMSA) and makes appropriations totaling six million one hundred thousand dollars ($6,100,000).

 Senate Bill 11 (SB 11) enacts the Paid Family and Medical Leave Act and create the Paid Family and Medical Leave Fund. Provides for the Paid Family Medical Leave Program to pay an eligible employee to bond with a child or care for a family member for a limited time. Provides and exception for certain employees. Administration of the program is assigned to the Workforce Solutions Department. rates an advisory committee. Makes an appropriation.

 Senate Bill 16 (SB 16) Renames the Human Services Department to the Health Care Authority Department.  Changing its powers and duties; providing for amending and repealing sections of the NMSA 1978 and reconciling conflicting sections of the law.

 Senate Bill 22 (SB 22) creates electric vehicle and charging units income tax credits. SB 22 establishes an additional registration fee for electric vehicles for the State Road Fund and the Transportation Project Fund.

 Senate Bill 25 (SB 25) creates the Federal Infrastructure Matching Fund (FIMF) to assist tribal governments in meeting match requirements for grants, provides limitations, and makes an appropriation of $100,000,000.

 Senate Bill 50 (SB 50) establishes a new “Right to Repair Act” (RRA), providing a required procedure for purchasers of a constructed project regarding claimed defects.

 Senate Bill 60 (SB 60) requires photovoltaic systems in new public schools and changes the definition of building system in the Public School Capital Outlay Act.

 Senate Bill 62 (SB 62) adds sections to the Economic Development Department create the Office of Entrepreneurship and Innovation; create the Entrepreneurship and Innovation Advisory Committee; create the Entrepreneurship Capital Infusion Fund; require reports; and make appropriations.

 Senate Bill 74 (SB 74) requires facilities constructed for new and replacement energy generation capacity to generate clean energy.

 Senate Bill 76 (SB 76) makes changes to procurement code. The bill eliminates the procurement exemptions for Fort Bayard Medical Center. Advertising and marketing are defined. Requirements for chief procurement officer identification and reported are created. The procedures for sole source purchasing and multi-term contracts are established.

 Senate Bill 77 (SB 77) requires all new residential construction to include photovoltaic systems and electrical receptacles for charging electric vehicles.

 Senate Bill 95 (SB 95) makes an appropriation to the Public Education Department for school safety statewide.

 Senate Bill 97 (SB 97) authorizes the commissioner of public lands to grant rights of way and easements across state lands for infrastructure used for broadband internet services in Section 19-7-57 NMSA 1978 and grants the State Transportation Commission the same authority for such installation along, across, over or under public highways in Section 67-3-12 NMSA 1978. It authorizes the commissioner or the state transportation commission to waive fees or leasing costs for infrastructure that is to be used primarily to provide broadband internet services to unserved or underserved locations as defined in the Connect New Mexico Act.

 Senate Bill 98 (SB 98) adds a new section to the Minimum Wage Act requiring that public contracts provide for increased contractor and subcontractor reimbursement and worker wage increases in accordance and concurrent with state minimum wage increases or increased costs as mandated by law.

 Senate Bill 99 (SB 99) repeals Owner-Resident Relations Code that prohibits political subdivisions and home rule municipalities from enacting rent control for privately owned real property.

 Senate Bill 104 (SB 104) makes appropriations for airport improvements.

 Senate Bill 108 (SB 108) adds new material and amends the Public School Finance Act to create a career technical education program unit and adds the career technical education program unit to the program cost calculation.

 Senate Bill 112 (SB 112 ) authorizes the natural resources trustee to bring suit for damages caused by release of an injurious substance pursuant to the Natural Resources Trustee Act. It provides for the adoption of rules for the assessment and collection of fines related to the release of petroleum-based injurious substances with limitations. SB 112 amends the Natural Resources Trustee Fund and provides that the natural resources trustee may join a civil action pursuant to the Water Quality Act, the Air Quality Control Act and the Hazardous Waste Act. It amends and enacts sections of the NMSA 1978 and makes an appropriation.

 Senate Bill 113 (SB 113) enacts the Equal Education Opportunity Scholarship Act and provides for Tuition Scholarship Organizations to grant educational scholarships to low-income students to attend public and nonpublic schools. SB 113 creates income tax and corporate income tax credits for contributions to tuition scholarship organizations that provide educational scholarships for low-income students .

 Senate Bill 146 (SB 146) modifies the amount of tax liability requiring assessment by the Taxation and Revenue Department and which is allowed to be disputed by the taxpayer. SB 146 changes provisions for a taxpayer applying for a tax credit. The bill expands the definition of tax fraud to include the use of sales suppression software. SB 146 clarifies the process to protest property value or classification.

 Senate Bill 147 (SB 147) makes several tax code changes: 
Cannabis tax to destination-based sourcing
Allowing tribal taxes to differ from surrounding local government tax rates
Clarify definitions for disclosed agency and gross receipts
Changes in reporting to Taxation and Revenue
Exempt services and digital purchases by government agencies from taxation
Exempt certain health care providers from Gross Receipts Tax
Clarify Trip Tax and Premium Tax amounts

SB 147 makes conforming changes to statutes and declares an emergency.

 Senate Bill 158 (SB 158) is the General Appropriations Act of 2023 reflecting comprehensive state budget recommendation for Fiscal Year 2024.

 Senate Bill 165 (SB 165) enacts the Local Choice Energy Act that authorizes customers of a public utility or cooperative to aggregate their electric loads in their local community as a local choice energy provider. It provides powers and duties of local choice energy providers, requires rulemaking and provides a penalty.

 Senate Bill 169 (SB 169) creates the Climate Investment Center and the Environmental Project Financing Program. It authorizes the Climate Investment Center to develop and establish terms for the Environmental Project Financing Program. SB 169 creates the Climate Investment Center Board and the Climate Investment Revolving Fund. It makes an appropriation of twenty million dollars ($20, 000,000).

 Senate Bill 185 (SB 185) attaches the New Mexico work and save board to the workforce solutions department for administrative purposes, transfers New Mexico work and save board personnel and property to the workforce solutions department, restructures the membership of the New Mexico work and save board, and makes an appropriation.

 Senate Bill 189 (SB 189) creates a flat corporate income tax rate and increases the rate to 6.9%.

 Senate Bill 194 (SB 194) aligns provisions of the New Mexico Work and Save Act to enable auto-IRA partnership with other states; clarifies definitions; requires certain employers to register as participating employers and to auto-enroll employees in the New Mexico Work and Save IRA program; allows employees to opt-out of auto-enrollment; and makes an appropriation.

 Senate Bill 197 (SB 197) creates the Infrastructure Planning and Development Office (IPDO), provides powers and duties, specifies the role of the IPDO Director, creates a “Water Projects Team”, and makes an appropriation.

 Senate Bill 201 (SB 201) enacts the State Inspector General Act (SIGA), requiring certain departments to have offices of Inspectors General. The Bill provides duties and powers, creates the Government Accountability Council (GAC), and transfers functions, resources and contracts pertaining to audits and compliance.

 Senate Bill 211 (SB 211) creates the Career Development Success Pilot Program (Program), the Career Development Success Fund (Fund) and makes an appropriation.

 Senate Bill 240 (SB 240) revises audit requirements for tax exempt organizations and non-profits by changing the threshold to annual expenses instead of income to $750,000 that obligates organizations to undergo an annual audit.

 Senate Bill 241 (SB 241) enacts the Prosperity and Economic Resiliency Act (Act) and creates the Prosperity and Economic Resiliency Council (Council). SB 241 creates the Prosperity and Economic Resiliency Permanent Fund (Permanent Fund) and the Economic Resiliency Program Fund (Program Fund) and provides for an annual distribution from the the Permanent Fund to the Program Fund. Makes appropriations. Declares an emergency.

 Senate Bill 251 (SB 251) provides for property tax, local option tax, and state tax revenue to fund Metropolitan Redevelopment Areas (MRA). SB 251 authorizes bond issue from local and state Gross Receipts Tax revenue and prohibits the use of property tax revenue for this purpose. The bill also removes requirements for sealed bidding and approval of contracts by local governments for certain contracts. Local governments are permitted to delegate certain powers to a metropolitan development agency.

 Senate Bill 281 (SB 281) provides for independent inspectors in the construction industry; establishes time frames for inspections; and modifies sections of the Construction Industry’s Licensing Act (CILA).

 Senate Bill 294 (SB 294) amends the New Mexico Commercial Driver's License Act to authorize the issuance of licenses to persons who have had a commercial driver's license issued from another state or a jurisdiction in Canada or Mexico in accordance with the minimum standards established by the Federal Highway Administration for the issuance of commercial driver's licenses for one year or more. It requires renewal of a commercial driver's license predicated on a license issued in another state or a jurisdiction in Canada or Mexico in the fourth year of the issuance of the predicating license.

 Senate Bill 304 (SB 304) appropriates $8 million to the Higher Education Department for bootcamp training programs.

 Senate Bill 309 (SB 309) re-authorizes or re-appropriates balances related to capital expenditures; expands or changes purposes; extends expenditure periods; changes agencies; and sets conditions for the reversion or transfer of unexpended balances of appropriations made by the legislature in prior years. An emergency is declared.

 Synopsis:  Senate Bill 314 (SB 314) authorizes the New Mexico Finance Authority to make loans or grants from the Water Project Fund for certain water projects and declares an emergency. SB 314 declares an emergency.
The NM Finance Authority Oversight Committee requested the introduction of SB 17.

 Senate Bill 332 (SB 332) authorizes the New Mexico finance authority to make loans for public projects from the public project revolving fund and declares an emergency.

 Senate Bill 375 (SB 375) limits the amount of rent increase during a twelve-month period and requires landlords to maintain evaporative cooling in good and safe working order. It prohibits owners from attempting to remove residents by interfering with air conditioning or evaporative cooling services.

 Senate Bill 390 (SB 390) provides that bids received pursuant to the Procurement Code shall be considered based on a determination of best value and defines best value.

 Senate Bill 411 (SB 411) clarifies the requirement for a written statement of deductions in certain circumstances. It increases certain civil penalties, the time permitted to remedy nonpayment of rent for a rental agreement, and periods of time required for nonpayment notices. SB 411 requires the issuance of a judgment of restitution prior to a writ of restitution and clarifies that issuance and execution of a writ of restitution are stayed during an appeal. It prohibits an owner from refusing to renew or seeking to terminate a rental agreement during a declared emergency or disaster. SB 411 declares an emergency.

 Senate Bill 479 (SB 479) The legislature enacts the Capital Outlay Program Act; creates a council to oversee, advise and prescribe requirements for the Capital Outlay process.  Establishes requirements for funds and oversight.  Makes and appropriation.

 Senate Bill 495 (SB 495) appropriates two hundred fifty thousand dollars ($250,000) to fund the oversight duties related to the Affordable Housing Act.
The Mortgage Finance Authority Act Oversight Committee endorsed SB 495.

 Senate Bill 497 (SB 497) increases the total amount limit on contracts for procurement of architectural and engineering services and construction that state agencies and local public bodies may enter into and for purchase orders under those contracts. It provides for an annual inflation adjustment to the total amount limit on contracts for procurement of architectural and engineering services and construction and for purchase orders under those contracts. 
COMMITTEE SUBSTITUTE 
3/10/23
Senate Health and Public Affairs Committee introduced a committee substitute for SB 497 (CS/SB 497) that increases the total amount limit on contracts for procurement of architectural and engineering services and construction that state agencies and local public bodies may enter into and for purchase orders under those contracts.

 Senate Joint Resolution 6 (SJR 6) proposes to amend NM Const. Article 2 by adding a new section that provides the people of the state with environmental rights and directs the state, counties and municipalities to serve as trustees of the state’s natural resources for the benefit of all the people. It proposes to repeal the current pollution control provisions of NM Const. Article 20, section 21.

 Senate Bill 223390 (SB 223390) creates the retirement savings facilitation income tax credit, clarifies definitions of the New Mexico Work and Save Act, requires certain employers to automatically enroll their employees, allows employees to opt out, and allows the New Mexico Work and Save Act to form auto-IRA partnerships with other states.

 Senate Bill 223393 relates to capital expenditures and creates the Public Works Commission, a 12-member commission appointed by the legislature to review proposals for capital outlay funding, and appropriates $335,000 in recurring funds to carry out the duties of the commission.