Legislative Update, February 11, 2017

Legislative Update, February 11, 2017

Legislative Update Week 4

This past week NMFLB welcomed the State Board to town for the annual Legislative breakfast, AgFest, and State Board of Directors meeting. There were many dignitaries in attendance at both AgFest and the breakfast with so many concerned about the future of agriculture. Lieutenant Governor Sanchez was once again a welcome speaker and guest at the breakfast. The fourth week brings a rush to introduce legislation as the last day to file is just around the corner. There are more than 800 pieces of law now filed and NMFLB is tracking more than 100 of those filed. It was a very busy week with many committee meetings bringing new results and information.

The first of this week NMFLB again battled the new tax to feed purchases bill, Rep. Carl Trujillo’s HB 123. This new tax bill is now waiting in cue for a third reading and then on to the floor of the house for passage, so it is the advice of NMFLB that our members contact their Representative and ask them to oppose it. NMFLB sought input in the reconstruction of the Interstate Streams Commission bill, SB 157 Sen. Wirth. NMFLB is trying to insure that there are still seats and equal representation on the commission, as this bill will likely continue to gain momentum. Tuesday afternoon brought about the first of many hearings for NMFLB endorsed legislation, SB 167 Unlawful Trespass by a Drone. Senator Ortiz y Pino conducted himself well and explained the merits of the bill extremely well. While there was little opposition that came from Animal Protection Voters of NM exclaiming this would prevent the type of vigilante justice and surveillance that they are used to. The bill is advancing to Senate Judiciary where it will no doubt be tweaked to suit lawyerly standards. 

NMFLB is still working hard to prevent bad legislation from removing the tools in the toolboxes of agriculturists necessary for predator management, like the prejudicial prohibition of trapping in SB 286. There is also much work being done to help prevent animal cruelty all the while safeguarding traditional animal husbandry practices that could be deemed painful i.e. branding, castrating or dehorning. HB 210 is a rework of the Livestock codes causing much concern as to the applicability as it applies to animal agriculture. There are still so many unintended consequences to amending the livestock codes that must be considered when it applies to animal management, pest control and predator suppression. 

It is the hope of the NMFLB that this communication is informative and begs the question. It is also our hope that you the membership feel empowered to contact your legislator and have the polite conversations concerning the things that their new laws could impact in your homes and on your farms and ranches, as you are the individuals responsible for voting these people into their roles. Please, do not hesitate to contact NMFLB with any and all questions you may have. Only five more weeks left in this session, so stay tuned and thank you all for your continued support. 

NM Farm and Livestock Bureau (2017 Reg)

Bill: HB24Sponsors: Ezzell (R58)Title: STATE TRUST LANDS SURFACE DAMAGE AND WATERSHED RESTORATION AND REMEDIATION FUNDSummary: (Endorsed by the Water and Natural Resources Committee) Creates the State Trust Lands Restoration and Remediation Fund and authorizes the State Land Office to utilize the fund for contractual surface damage and watershed restoration and remediation projects on state trust lands.Status: 02/01/2017 – House Appropriations and Finance CommitteePosition: Neutral

Bill: HB27Sponsors: Roybal-Caballero (D13)Title: MINIMUM WAGE INCREASESummary: (Identical to 2016 HB154; Related to 2016 HB125; 2015 HB20 and SB350; HB138, HB360, SB10, and SB432; 2014 HB213 and HJR9; 2013 HB550, HB668, and SB416.) Beginning January 1, 2018, raises the New Mexico base minimum wage to $15 per hour for all employees, with an annual cost-of-living increase.Status: 01/18/2017 – House Business and Industry CommitteePosition: Oppose

Bill: HB50Sponsors: Garcia Richard (D43)Title: CRIMINAL BACKGROUND CHECKS ON CERTAIN GUN TRANSFERSSummary: (Identical to 2017 SB48; relates to 2016 HB51; 2015 HB44) Requires criminal background checks by licensed firearms dealers for gun transfers to or from unlicensed persons, with certain exceptions. Imposes misdemeanor and fourth-degree criminal penalties.Status: 02/06/2017 – House Judiciary CommitteePosition: Oppose

Bill: HB67Sponsors: Garcia, Miguel (D14)Title: INCREMENTAL EMPLOYEE MINIMUM WAGE RATE INCREASES: 2017-2020Summary: HOURLY WAGE RATE INCREASE. Makes incremental increases in the minimum wage rate from $6.50 to $7.50 on July 1, 2017; to $8.40 an hour for the period January 1 through December 31, 2018; to $9.20 an hour for the period January 1 through December 31, 2019; and to $10.10 an hour as of January 1, 2020. As of January 1, 2018 and on January 1 of each successive year, the minimum wage rate shall be increased by the cost of living according to the Consumer Price Index for all urban consumers. The minimum wage for an employee receiving more than $30 a month in tips is increased from $2.13 an hour to an hourly wage equal to 40% of the minimum wage set for other employees.Status: 01/26/2017 – House Business and Industry Committee

Bill: HB78Sponsors: Fajardo (R7)Title: REFRESHER FIREARMS TRAINING COURSESummary: Specifies that, to renew a concealed handgun license, a licensee must submit to the Department of Public Safety a certificate of completion of a DPS-approved refresher firearms training course that includes four hours of classroom and firing range instruction. DPS must offer the option of either in-person or online classroom training.Status: 01/18/2017 – House Consumer and Public Affairs Committee

Bill: HB89Sponsors: McCamley (D33)Title: CANNABIS REVENUE AND FREEDOM ACTSummary: (Related to 2016 HB75 and 2015 HB160) A 122-page bill that proposes the Cannabis Revenue and Freedom Act, establishing a comprehensive regulatory framework relating to marijuana, industrial hemp and medical marijuana, that allows a person who is licensed, regulated and taxed by New Mexico to legally manufacture and sell marijuana to a person who is at least 21 years of age, subject to the provisions of the act. Creates and allocates tax revenue to the Substance Abuse Prevention and Behavioral Health Fund, the District Attorney Public Safety Fund, the Public Defender Public Safety Fund and the Cannabis Revenue Economic Development Fund, and makes appropriations.Status: 02/06/2017 – House Calendar

Bill: HB104Sponsors: Bandy (R3)Title: LOCAL ELECTION ACTSummary: (Relates to 2016 HJR 7) Proposes the Local Election Act to provide a single election day and uniform processes for many local government elections; provides for mailed ballot elections for special election ballot measures held at times other than general or local elections and for statewide ballot question elections, and establishes procedures for mailed ballot elections; prohibits advisory questions; eliminates write-in candidates in local elections; creates a fund appropriated to the Secretary of State to pay the costs of local elections, and authorizes the Secretary to assess local governments for the fund; repeals the School Election Law, the Mail Ballot Election law and other conflicting sections of law.Status: 01/18/2017 – House Local Government, Elections, Land Grants and Cultural Affairs Committee

Bill: HB117Sponsors: Roybal-Caballero (D13)Title: SUPPLEMENTAL INCOME TAXSummary: Phases in over four years a supplemental income tax rate, up to one percent, on high income taxpayers. Supplemental tax first applies to taxable years beginning in 2018.Status: 01/18/2017 – House Labor and Economic Development CommitteePosition: Oppose

Bill: HB123Sponsors: Trujillo, Carl (D46)Title: COMMERCIAL PET FOOD FEE FOR SPAY AND NEUTERSummary: Imposes a fee on each brand name or product name of commercial dog and cat food distributed in the state, which shall be credited to the Statewide Spay and Neuter Sub-account of the Animal Care and Facility Fund. Establishes income limits for individuals with a household income within 250 percent of the current federal poverty level.Status: 02/07/2017 – House CalendarScheduled: 02/13/2017 – House Calendar, 10:30 a.m., House Chamber

Bill: HB143Sponsors: Gomez (D34)Title: APPROPRIATION TO MONITOR BOLL WEEVIL AND PINK BOLLWORMSummary: Appropriates $50,000 (GF) for FY 2018 to the Board of Regents of New Mexico State University for the Department of Agriculture to monitor the boll weevil and pink bollworm situation in south central and southwest New Mexico.Status: 01/26/2017 – House Appropriations and Finance Committee

Bill: HB144Sponsors: Gomez (D34)Title: INDUSTRIAL HEMP RESEARCH AND DEVELOPMENTSummary: (Identical to 2017 SB6; 2016 SB3; almost identical to the final version of 2015 SB94, passed by both chambers and vetoed by the Governor; related to 2017 HB89). Authorizes the Department of Agriculture to adopt rules for research on industrial hemp and to issue licenses to grow industrial hemp for research and development. Defines “industrial hemp,” authorizes the Department of Agriculture to promulgate rules and issue licenses, and establishes a nonreverting fund to be administered by the department.Status: 01/26/2017 – House Labor and Economic Development Committee

Bill: HB145Sponsors: Gomez (D34)Title: BIG GAME DAMAGE TO LANDOWNERSSummary: Clarifies Purpose of the Big Game Depredation Damage Fund to Include Compensation of Landowners for Financial Damage Caused by Big GameStatus: 02/02/2017 – House Energy, Environment and Natural Resources Committee

Bill: HB154Sponsors: Little (R53)Title: INDUSTRIAL HEMP RESEARCH AND DEVELOPMENTSummary: (For the Economic and Rural Development Committee) (Almost Identical to 2016 SB3; 2016 HB148) Authorizes the Department of Agriculture to administer the Industrial Hemp Research and Development Program and a related fund, adopt rules for the program’s implementation, and issue permits to grow industrial hemp for the purpose of studying the growth, cultivation and marketing of industrial hemp.Status: 02/01/2017 – House Labor and Economic Development Committee

Bill: HB174Sponsors: Smith (R22); Ivey-Soto (D15)Title: LOCAL ELECTION ACTSummary: (Similar to 2017 HB104, relates to 2016 HJR 7) Proposes the Local Election Act to provide a single election day and uniform processes for many local government elections; provides for mailed ballot elections for special election ballot measures held at times other than general or local elections and for statewide ballot question elections, and establishes procedures for mailed ballot elections; prohibits advisory questions; eliminates write-in candidates in local elections; creates a fund appropriated to the Secretary of State to pay the costs of local elections, and authorizes the Secretary to assess local governments for the fund; repealing the School Election Law, the Mail Ballot Election Law, the Municipal Election Code and other conflicting sections of law; making conforming amendments to the Absentee Voter Act, Uniform Military and Overseas Voters Act and many other sections of law.Status: 01/20/2017 – House Local Government, Elections, Land Grants and Cultural Affairs Committee

Bill: HB186 Sponsors: Fajardo (R7)Title: FUTURE FARMS OF AMERICA SPECIAL LICENSE PLATES Summary: Authorizes the Motor Vehicle Division (MVD) of the Taxation and Revenue Department to establish a special license plate recognizing the Future Farmers of America. A fee of $35 will be assessed for the plate (and each renewal), in addition to the regular motor vehicle registration fee.Status: 01/21/2017 – House Transportation, Public Works and Capital Improvements Committee Scheduled: 02/16/2017 – House Transportation, Public Works and Capital Improvements Committee, 8:30 a.m., Room 317

Bill: HB208Sponsors: Hall, J. C. (R28)Title: FRESH FRUITS AND VEGETABLES FOR SCHOOL MEALSSummary: (For the Economic and Rural Development Committee) Appropriates $1,440 (GF nonreverting) to the Public Education Department for FY 2018 and subsequent fiscal years for the purchase and distribution of New Mexico-grown fresh fruits and fresh vegetables to school districts, charter schools and juvenile detention centers through PED’s school meal programs. Includes a full time person to administer and promote the initiative. Balance remaining at the end of FY shall not revert to the General Fund.Status: 02/07/2017 – House Appropriations and Finance Committee

Bill: HB210Sponsors: Ely (D23)Title: AMEND CRIME OF CRUELTY TO ANIMALSSummary: Distinguishes crimes of cruelty to animals and extreme cruelty to animals; requires psychological counseling for conviction for extreme cruelty to animals; increases penalty when cruelty to animals causes death or great bodily harm; provides definitions.Status: 01/23/2017 – House Consumer and Public Affairs CommitteePosition: Oppose

Bill: HB219Sponsors: Hall, J. C. (R28)Title: ANIMAL SHELTERING REGULATION BY VETERINARY MEDICINE BOARDSummary: (For the Legislative Finance Committee) Gives the Board of Veterinary Medicine (board) authority to administer and carry out the duties imposed by the Animal Sheltering Act. Transfers powers and duties, personnel, property and contracts from the Animal Sheltering Board in the Regulation and Licensing Department to the Board of Veterinary Medicine. Abolishes the Animal Sheltering Board.Status: 01/24/2017 – House Consumer and Public Affairs Committee

Bill: HB224 Sponsors: Herrell (R51)Title: LIMITS PERSONAL LIABILITY FOR VOLUNTEERS OF NONPROFIT ORGANIZATIONS Summary: Provides immunity to volunteers of nonprofit organizations from personal liability for any act or omission resulting in damage or injury to any person intended to receive benefit from the volunteer’s service if 1) the volunteer acted in good faith and within the scope of the volunteer’s official functions and duties within the organization; 2) the volunteer was properly licensed, certified or authorized by the state, if appropriate or required, to engage in the activity; and 3) the damage or injury was not caused by the intentional or malicious conduct of the volunteer.Status: 01/24/2017 – House State Government, Indian and Veteran Affairs Committee Scheduled: 02/14/2017 – House State Government, Indian and Veteran Affairs Committee, 8:00 a.m., Room 309 (Revised 02/10/2017)

Bill: HB289Sponsors: Small (D36)Title: AGRICULTURE IN THE ECONOMIC DEVELOPMENT FINANCE ACTSummary: Expands the statewide Economic Development Finance Act to include agricultural enterprises in the lists of economic development goals and eligible entities for which revenue bonds may be issued. Agricultural enterprises include new or ongoing agricultural projects and projects that add value to New Mexico agricultural products.Status: 01/31/2017 – House Labor and Economic Development CommitteePosition: Neutral

Bill: HB305Sponsors: Sweetser (D32)Title: INSPECTIONS FOR COMPLIANCE WITH FOOD SAFETY LAWSSummary: Adds to the powers and authority of the New Mexico State University Board of Regents to authorize the New Mexico Department of Agriculture to enter onto public or private property to collect physical or documentary samples and to review records and documents to verify compliance with the federal FDA Food Safety Modernization Act.Status: 02/02/2017 – House Agriculture and Water Resources CommitteePosition: Support

Bill: HB363 Sponsors: Brown (R55)Title: HAZARDOUS WASTE GROUNDWATER PROTECTION ACT CONFORMANCE WITH FEDERAL LAW Summary: Hazardous Waste Groundwater Protection Act Conformance with Federal Law Status: 02/09/2017 – House Energy, Environment and Natural Resources Committee Scheduled: 02/14/2017 – House Energy, Environment and Natural Resources Committee, 1:30 p.m., Room 317

Bill: HM1Sponsors: Salazar, T. (D70)Title: STATE AND REGIONAL WATER PLANNING TASK FORCE REVIEWSummary: Proposes that the Interstate Stream Commission be requested to convene a volunteer task force organized into at least three statewide working groups that will focus on public and tribal participation, best available technical data and adjudication to define how future water planning should be accomplished in the state. The ultimate goal is to develop a detailed plan or proposal for statutory, agency and regional action to be presented to an appropriate interim legislative committee no later than July 1, 2018.Status: 02/01/2017 – House Calendar

Bill: HM8Sponsors: Roch (R67)Title: FUTURE FARMERS OF AMERICA DAYSummary: Declares February 22, 2017, to be FFA Day in the House of RepresentativesStatus: 01/20/2017 – Speaker's TableScheduled: 02/13/2017 – House Calendar, 10:30 a.m., House Chamber

Bill: HM27Sponsors: Dodge (D63)Title: DEVELOPMENT OF STATEWIDE STRATEGIC PLAN FOR AGRICULTURAL RESILIENCESummary: Recites challenges facing New Mexico agriculture, including increasing competition for water resources and an aging farming and ranching population that an increased amount of New Mexico’s needed food could come from local farmers and ranchers and the organization and efforts of the Resilience in New Mexico Agriculture Task Force.Status: 01/31/2017 – House Agriculture and Water Resources Committee

Bill: SB6Sponsors: McSorley (D16)Title: INDUSTRIAL HEMP RESEARCH AND DEVELOPMENTSummary: (For the Courts, Corrections and Justice Committee and the Water and Natural Resources Committee) (Identical to 2016 SB3; almost identical to the final version of 2015 SB94 as passed by both chambers and vetoed by the Governor) Authorizes the Department of Agriculture to adopt rules for research on industrial hemp and to issue licenses to grow industrial hemp for research and development. Defines “industrial hemp,” authorizes the Department of Agriculture to promulgate rules and issue licenses, and establishes a nonreverting fund to be administered by the department.Status: 02/09/2017 – House Agriculture and Water Resources Committee

Bill: SB36Sponsors: Soules (D37)Title: MINIMUM WAGE INCREASE TO $8.45 AND $7.50 AN HOURSummary: Proposes to raise the minimum wage level to $8.45 an hour for employers with 10 or more employees and $7.50 an hour for employers with 10 or fewer employees. Both categories are adjusted annually on January 1 for cost of living increases.Status: 01/27/2017 – Senate Corporations and Transportation Committee

Bill: SB48Sponsors: Martinez, Richard (D5)Title: CRIMINAL BACKGROUND CHECKS ON CERTAIN GUN TRANSFERSSummary: (Identical to 2017 HB50; relates to 2016 HB51; 2015 HB44) Requires criminal background checks by licensed firearms dealers for gun transfers to or from unlicensed persons, with certain exceptions. Imposes misdemeanor and fourth-degree criminal penalties.Status: 02/01/2017 – Senate Judiciary Committee

Bill: SB56Sponsors: Neville (R2); Rehm (R31)Title: NO LICENSE REQUIRED TO CARRY A LOADED CONCEALED HANDGUNSummary: Amends the Criminal Code, relating to the unlawful carrying of a deadly weapon, to allow anyone 18 years of age or older to carry a loaded concealed handgun without being required to obtain a concealed handgun license. Only persons prohibited by federal or state law or court order from possessing or carrying a firearm would be required to obtain the license pursuant to the Concealed Handgun Carry Act. For purposes of the act, a “handgun” barrel length cannot exceed 12 inches.Status: 01/17/2017 – Senate Public Affairs Committee

Bill: SB86Sponsors: Cisneros (D6); Salazar, T. (D70)Title: ONLINE POSTING FOR WATER RIGHTS NOTIFICATIONSSummary: Requires online posting by the State Engineer on the website of that office, concurrently with newspaper publication by an applicant, of notice of an application for a permit to appropriate water rights; for ground-water storage and recovery; to lease the use of water; to use underground water; or to withdraw water from any surface or underground source and transport it outside the state.Status: 02/09/2017 – House Agriculture and Water Resources Committee

Bill: SB95Sponsors: Sanchez, C. (D30)Title: RAISES GASOLINE AND SPECIAL FUELS TAXESSummary: (Similar to 2015 HB58, SB394 and SB656; 2016 SB251, SB284 and SJR22) Raises, effective July 1, 2017, the state gasoline tax by ten cents to 27 cents per gallon and the special fuel (diesel) tax by five cents to 26 cents per gallon. Apportions the additional revenues among the Revenue Stabilization Reserve, Local Governments Road Fund and State Road Fund.Status: 01/17/2017 – Senate Corporations and Transportation Committee

Bill: SB123Sponsors: Sharer (R1)Title: TAX REFORM PACKAGESummary: (Similar to 2016 SB145, 2015 SB346 and 2013 SB365) 186-page bill continues the sponsor’s effort to reform the state tax system by greatly expanding the gross receipts base to replace the motor vehicle excise, leased vehicle gross receipts and boat excise taxes (which are repealed); lower the state gross receipts tax rate from 5.125% to one percent and governmental gross receipts from five to one percent; provides for a flat-rate personal income tax; repeals the compensating tax, corporate income tax, corporate franchise tax, estate tax and several tax credits; consolidates local option taxes, reducing the maximum permissible rates to 0.5% for municipalities and 0.5% for counties; revises statutes dealing with revenues local governments may pledge to repay indebtedness. All this is effective January 1, 2017.Status: 01/19/2017 – Senate Corporations and Transportation Committee

Bill: SB126Sponsors: Woods (R7)Title: LIVESTOCK SUBJECT TO SALE AFTER SEIZURESummary: In the Criminal Code establishing crimes related to animals, clarifies the meaning of “livestock” subject to sale after seizure for cruelty or neglect, to eliminate generic language, maintain the enumeration of specific species except cats, dogs and feral hogs, and add “carcasses thereof, and exotic animals in captivity.”Status: 02/09/2017 – Senate Judiciary Committee

Bill: SB132Sponsors: Smith (D35); Gonzales (D42)Title: GASOLINE AND SPECIAL FUELS TAX INCREASESSummary: (Similar to 2015 HB58, SB394 and SB656; 2016 SB251, SB284 and SJR22; 2017 HB63, and SB131) Raises, perhaps by April 1, the state gasoline tax by ten cents to 27 cents per gallon and the special fuel (diesel) tax by ten cents to 31 cents per gallon. Both tax rates are indexed starting July 1, 2019. Apportions the additional revenues among the Revenue Stabilization Reserve, Local Governments Road Fund and State Road Maintenance Fund.Status: 01/23/2017 – Senate Corporations and Transportation Committee

Bill: SB155 Sponsors: Candelaria (D26)Title: WORKERS’ COMP CONDITIONS FOR DENIAL OF DISABILITY BENEFITS Summary: Amends the Workers’ Compensation Act to clarify when a worker is not entitled to certain benefits. Applies to sections relating to Temporary Total Disability and Permanent Partial Disability. Provides that if the worker is responsible for the separation from employment and that separation is unrelated to the on-the-job injury, the worker shall not receive disability.Status: 01/23/2017 – Senate Corporations and Transportation Committee Scheduled: 02/13/2017 – Senate Corporations and Transportation Committee, 2:00 p.m. or 1/2 hour after session, Room 311

Bill: SB156Sponsors: Candelaria (D26)Title: EMPLOYER’S RIGHTS AGAINST INJURED WORKERS’ THIRD-PARTY CLAIMSSummary: Relates to workers’ compensation and damages paid an injured worker or, in the case of the worker’s death, the worker’s family or those entitled to damages for injury. Amends the subrogation section of the Workers’ Compensation Act to expand the employer’s right of subrogation to collect against a third party for benefits and compensation paid to the worker; the right to intervene in any case brought by the worker; and to give the employer a lien on the amount actually collectable from the third party.Status: 01/23/2017 – Senate Corporations and Transportation Committee

Bill: SB157 Sponsors: Wirth (D25)Title: CHANGING MEMBERSHIP OF THE INTERSTATE STREAM COMMISION Summary: Repeals and replaces the enabling statute for the Interstate Stream Commission. Changes the composition of the nine members of commission to require that four, rather than eight, be appointed by the Governor and four by the Legislative Council; specifies representation of the appointed members; provides for terms of service; conditions for removal; and procedures; phases in new appointments.Status: 02/06/2017 – Senate Conservation Committee Scheduled: 02/14/2017 – Senate Conservation Committee, 8:30 a.m., Room 311 (Revised 02/10/2017)

Bill: SB162Sponsors: Pirtle (R32)Title: NMSU REGENTS WITH BACKGROUND IN AGRICULTURESummary: Requires that two of the five regents appointed to the Board of Regents of New Mexico State University have a degree or at least four years of experience in agriculture or related fields, in addition to meeting other requirements.Status: 02/08/2017 – Senate Education Committee

Bill: SB167Sponsors: Ortiz y Pino (D12)Title: FREEDOM FROM UNWARRANTED SURVEILLANCE ACTSummary: (Identical to 2015 SB303 as amended by the SJC) Prohibits the use of a drone or unmanned aircraft by a person, state agency, law enforcement agency or political subdivision to gather information pertaining to criminal or other illegal conduct, on private property on which the property owners have a reasonable expectation of privacy, except to the extent authorized by a warrant.Status: 02/08/2017 – Senate Judiciary Committee

Bill: SB182Sponsors: Papen (D38)Title: EARLY CHILDHOOD LAND GRANT ACTSummary: Recognizes New Mexico’s high rate of child poverty and its developmental consequences as well as the extent of unleased federal subsurface mineral acreage in New Mexico. In so doing, creates the Early Childhood Land Grant Permanent Fund and directs that it be funded by money generated by the Commissioner of Public Lands from unleased federal subsurface mineral acreage transferred to the state. Exempts money so generated in counties with a population over 140,000.Status: 01/25/2017 – Senate Education Committee

Bill: SB230Sponsors: Pirtle (R32)Title: CROP DUSTING FUEL STORAGE TANKSSummary: (Similar to 2016 HB111) Exempts fuel storage tanks used solely by crop dusting or crop spraying services from the definition of “above ground storage tank” for purposes of meeting the requirements of the Hazardous Waste Act and the Ground Water Protection Act. Differs from 2016 HB111, which required that to be exempted the fuel storage tank must be less than ten thousand gallons and used solely by a crop dusting or crop spraying service.Status: 01/27/2017 – Senate Conservation CommitteeScheduled: 02/14/2017 – Senate Conservation Committee, 8:30 a.m., Room 311 (Revised 02/10/2017)Position: Support

Bill: SB266 Sponsors: Steinborn (D36)Title: CLARIFYING THE STATE GAME COMMISSION’S AUTHORITY AND PURPOSE Summary: Amends declaration of policy to clarify that the purpose of the act and the policy of the state is to provide an adequate and flexible system for the protection of the wildlife of New Mexico as a public trust resource for the use and enjoyment of all New Mexicans, including future generations, and to provide for their propagation, protection, regulation and conservation. The State Game and Fish Commission has authority to protect all species of wildlife, including protected game species, furbearers and non-game species.Status: 01/30/2017 – Senate Conservation Committee Scheduled: 02/16/2017 – Senate Conservation Committee, 8:30 a.m., Room 311 (Revised 02/10/2017)

Bill: SB268Sponsors: Steinborn (D36)Title: OUTLAW COYOTE-KILLING CONTESTSSummary: (Very similar to 2015 SB268) Prohibits coyote-killing contests; defines coyote-killing contests; and specifies penalties.Status: 01/30/2017 – Senate Conservation CommitteeScheduled: 02/16/2017 – Senate Conservation Committee, 8:30 a.m., Room 311 (Revised 02/10/2017)Position: Oppose

Bill: SB284Sponsors: Woods (R7)Title: TRESPASSING HORSES ON PRIVATE LANDSummary: (Relates to 2017 SB126) Proposes a new section to the Livestock Code giving the New Mexico Livestock Board jurisdiction over any horse that trespasses on fee simple private land; requires the board try to determine ownership of a trespassing horse that is confiscated, and simultaneously to notify animal rescue organizations; provides that if an owner is not identified after five days, the horse may be offered to the rescue organization; and that if no organization assumes ownership after two days, the board may auction the horse.Status: 01/31/2017 – Senate Conservation Committee

Bill: SB286Sponsors: Campos, P. (D8)Title: NEW MEXICO WILDLIFE PROTECTION AND PUBLIC SAFETY ACTSummary: (Similar to 2015 HB426; related to 2015 SB73, SB82 and SB215) Proposes the New Mexico Wildlife Protection and Public Safety Act and provides actions that shall be violations; establishes exceptions; creates penalties and civil liability.Status: 01/31/2017 – Senate Conservation CommitteeScheduled: 02/16/2017 – Senate Conservation Committee, 8:30 a.m., Room 311 (Revised 02/10/2017)Position: Oppose

Bill: SB348Sponsors: Baca (R29)Title: REGULATING DRONESSummary: Makes it unlawful to operate, direct or program a drone to fly within 500 feet of critical infrastructure in New Mexico and in a manner that interferes with the official duties of a first responder. Does not apply to drones used for law enforcement purposes or those flying over property when written permission has been granted. A first time violation is a petty misdemeanor, and a second or subsequent violation is a misdemeanor, punishable pursuant to Sec. 31-19-1.Status: 02/07/2017 – Senate Public Affairs CommitteePosition: Support w/Amendments

Bill: SB349Sponsors: Cisneros (D6)Title: LIVESTOCK RUNNING AT LARGESummary: (Almost identical to 2015 HB423) Amends a section of the Livestock Code relating to prohibitions against livestock running at large. Repeals various outdated sections of the Livestock Code.Status: 02/07/2017 – Senate Conservation CommitteePosition: Neutral

Bill: SB350Sponsors: Wirth (D25)Title: PROPERTY TAX—SPECIAL METHOD FOR LAND PREVIOUSLY USED FOR AGRICULTURAL PURPOSESSummary: Creates a special method of valuation that reduces valuation for property tax purposes for land that in at least one of the three immediately past years that had been used to produce agricultural products or grazing.Status: 02/07/2017 – Senate Corporations and Transportation CommitteePosition: Oppose

Bill: SB364Sponsors: Ingle (R27)Title: PROCEDURE FOR TRANSFERRING JURISDICTION OVER LAND, PARTICULARLY NATIONAL MONUMENTSSummary: Revises the procedures for transferring jurisdiction over land between the United States and the State of New Mexico, adding requirements regarding land proposed to be designated a national monument.Status: 02/09/2017 – Senate Conservation CommitteePosition: Support w/Amendments

Bill: SB378Sponsors: Woods (R7)Title: OPT-OUT OF LIVESTOCK COUNCIL ASSESSMENTSSummary: (Identical to 2016 SB65) Changes the rate for reimbursement to the New Mexico Livestock Board by the New Mexico Beef Council for necessary expenses from not more than four cents per head to not more than four cents per dollar collected in the form of council assessments on cattle transfers. Establishes an application process for producers who wish not to participate in the council assessment.Status: 02/10/2017 – Senate Conservation CommitteePosition: Support

Bill: SJM3Sponsors: Pirtle (R32)Title: TRANSFER SKI APACHE ACREAGE TO MESCALERO TRIBESummary: Legislature requests that Congress transfer 860 acres currently used by the Mescalero Apache Tribe to operate Ski Apache on Sierra Blanca to the U.S. Department of the Interior for the benefit of the Mescalero Apache Tribe.Status: 01/18/2017 – Senate Rules Committee

Bill: SJM4Sponsors: Stewart (D17)Title: POLLINATOR-FRIENDLY PLANT LABELING PROJECT AND GARDENSummary: Resolves that the Legislature supports the implementation of a voluntary statewide pollinator-friendly plan labeling project, and that, within available resources, the state Department of Agriculture provide technical support implementers of the project. Requests the Legislative Council Service to designate an area at the Capitol as a pollinator garden to help educate the public about the importance of pollinators. Requests that the Governor issue a proclamation declaring the second Bee Aware Day during the school year to further educate the public about the importance of bees in New Mexico.Status: 02/09/2017 – Senate CalendarScheduled: 02/13/2017 – Senate Calendar, 11:00 a.m., Senate Chamber

Bill: SJR6 Sponsors: Stewart (D17)Title: C.A.—STATEWIDE MILLAGE FOR PUBLIC SCHOOL FUNDING Summary: Proposes to amend Article 8, Section 2 of the New Mexico Constitution to increase the cap on real and personal property taxes in the state from 20 to 22 mills per dollar of assessed valuation, and to impose a two mill statewide levy for distribution to public schools through the State Equalization Guarantee.Status: 01/18/2017 – Senate Rules Committee Scheduled: 02/13/2017 – Senate Rules Committee, 8:30 a.m., Room 321 (Revised 02/10/2017)

Bill: SJR13Sponsors: Candelaria (D26)Title: C.A. -- ABOLITION OF POCKET VETOES AND VETO MESSAGESSummary: Proposes a constitutional amendment to Art. 4, Sec. 22, of the State Constitution, to provide that all bills passed by the Legislature and not acted upon by the Governor will become law and to require veto messages on all bills vetoed by the Governor. Requires the Governor to provide an explanation for each veto. The explanation shall be deposited with the house in which the bill originated and with the Secretary of State.Status: 01/27/2017 – Senate Rules CommitteePosition: Neutral

Bill: SJR15Sponsors: Munoz (D4)Title: C. A. -- EXCLUSIVE RIGHT TO HUNT AND FISHSummary: Proposes an amendment to Article 2 of the Constitution of New Mexico, purportedly to protect the right of the residents to hunt, fish and harvest wildlife lawfully, but also appears to be an attempt to prohibit preservation efforts from ever taking place.Status: 01/30/2017 – Senate Rules Committee

Bill: SM11Sponsors: Woods (R7)Title: CELEBRATES FFA YOUTH ORGANIZATIONSummary: Declares February 22, 2017, as FFA Day in the Senate. Celebrates all that the formerly Future Farms of America has done for youth leadership in New Mexico for more than 80 years. A copy of the memorial will be transmitted to New Mexico’s FFA organization.Status: 01/24/2017 – President's TableScheduled: 02/13/2017 – Senate Calendar, 11:00 a.m., Senate Chamber

Bill: SM24Sponsors: Campos, P. (D8)Title: STUDY OPTIONS FOR WATER SUPPLY IN NE NEW MEXICOSummary: Requests the Office of State Engineer, the Interstate Stream Commission and regional stakeholders to study options for addressing water supply issues in northeastern New MexicoStatus: 01/25/2017 – Senate Rules Committee

Bill: SM43Sponsors: Stefanics (D39)Title: STUDYING RECYCLING OR REUSE OF WASTE MATERIALSSummary: Requests a study of the potential recycling or reuse of waste materials to be led by the Rio Grande Chapter of the Sierra Club, with the participation of groups including 350.org, Conservation Voters New Mexico, El Dorado/285 Recycles, the New Mexico Farm and Livestock Bureau, the New Mexico State University Cooperative Extension Service, the New Mexico Recycling Coalition, the New Mexico Association of Counties, the New Mexico Municipal League, the Department of the Environment and any other interested parties or groups.Status: 01/31/2017 – Senate Rules Committee

Bill: SM59 Sponsors: Campos, P. (D8)Title: NEW MEXICO FOOD AND FARMS DAY Summary: Declares February 20, 2017 as New Mexico Food and Farms Day in the Senate. Recites the virtues of the food and farming culture; asserts that if New Mexico consumers purchased only 15% of their food from the state’s farmers and ranchers, it would increase annual farm income by $392 million and also help stem the rise in childhood obesity where 31% of children are overweight or obese; and increased investment by the Legislature will enable schools to continue to feature home-grown produce and to meet federal nutritional requirements, serve more fresh fruits and vegetables and support the local economy.Status: 02/07/2017 – President's Table Scheduled: 02/13/2017 – Senate Calendar, 11:00 a.m., Senate Chamber Position: Neutral