Legislative Update - February 18, 2017 (Senate Bills)

Legislative Update - February 18, 2017 (Senate Bills)

Senate Bills

Bill:                 SB6 

Sponsors:        McSorley (D16) 

Title:               INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT 

Summary:       (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 ìindustrial hemp,î 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 ñ House Agriculture and Water Resources Committee 

Bill:                 SB36 

Sponsors:        Soules (D37) 

Title:               MINIMUM WAGE INCREASE TO $8.45 AND $7.50 AN HOUR 

Summary:       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 ñ Senate Corporations and Transportation Committee 

Bill:                 SB48 

Sponsors:        Martinez, Richard (D5) 

Title:               CRIMINAL BACKGROUND CHECKS ON CERTAIN GUN TRANSFERS 

Summary:       (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 ñ Senate Judiciary Committee 

Bill:                 SB56 

Sponsors:        Neville (R2); Rehm (R31) 

Title:               NO LICENSE REQUIRED TO CARRY A LOADED CONCEALED HANDGUN 

Summary:       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 ìhandgunî barrel length cannot exceed 12 inches. 

Status:             01/17/2017 ñ Senate Public Affairs Committee 

Bill:                 SB86 

Sponsors:        Cisneros (D6); Salazar, T. (D70) 

Title:               ONLINE POSTING FOR WATER RIGHTS NOTIFICATIONS 

Summary:       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:             02/17/2017 ñ House State Government, Indian and Veteran Affairs Committee 

Bill:                 SB95 

Sponsors:        Sanchez, C. (D30) 

Title:               RAISES GASOLINE AND SPECIAL FUELS TAXES 

Summary:       (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:             02/16/2017 ñ Senate Finance Committee 

Bill:                 SB123 

Sponsors:        Sharer (R1) 

Title:               TAX REFORM PACKAGE 

Summary:       (Similar to 2016 SB145, 2015 SB346 and 2013 SB365) 186-page bill continues the sponsorís 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 ñ Senate Corporations and Transportation Committee 

Bill:                 SB126 

Sponsors:        Woods (R7) 

Title:               LIVESTOCK SUBJECT TO SALE AFTER SEIZURE 

Summary:       In the Criminal Code establishing crimes related to animals, clarifies the meaning of ìlivestockî 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 ìcarcasses thereof, and exotic animals in captivity.î 

Status:             02/09/2017 ñ Senate Judiciary Committee 

Bill:                 SB132 

Sponsors:        Smith (D35); Gonzales (D42) 

Title:               GASOLINE AND SPECIAL FUELS TAX INCREASES 

Summary:       (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:             02/16/2017 ñ Senate Finance Committee 

Bill:                 SB155 

Sponsors:        Candelaria (D26) 

Title:               WORKERSí COMP CONDITIONS FOR DENIAL OF DISABILITY BENEFITS 

Summary:       Amends the Workersí 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:             02/14/2017 ñ Senate Judiciary Committee 

Bill:                 SB156 

Sponsors:        Candelaria (D26) 

Title:               EMPLOYERíS RIGHTS AGAINST INJURED WORKERSí THIRD-PARTY CLAIMS 

Summary:       Relates to workersí compensation and damages paid an injured worker or, in the case of the workerís death, the workerís family or those entitled to damages for injury. Amends the subrogation section of the Workersí Compensation Act to expand the employerís 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 ñ 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:             02/14/2017 ñ Senate Calendar 

Bill:                 SB162 

Sponsors:        Pirtle (R32) 

Title:               NMSU REGENTS WITH BACKGROUND IN AGRICULTURE 

Summary:       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 ñ Senate Education Committee 

Bill:                 SB167 

Sponsors:        Ortiz y Pino (D12) 

Title:               FREEDOM FROM UNWARRANTED SURVEILLANCE ACT 

Summary:       (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 ñ Senate Judiciary Committee 

Bill:                 SB182 

Sponsors:        Papen (D38) 

Title:               EARLY CHILDHOOD LAND GRANT ACT 

Summary:       Recognizes New Mexicoís 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 ñ Senate Education Committee 

Bill:                 SB230 

Sponsors:        Pirtle (R32) 

Title:               CROP DUSTING FUEL STORAGE TANKS 

Summary:       (Similar to 2016 HB111) Exempts fuel storage tanks used solely by crop dusting or crop spraying services from the definition of ìabove ground storage tankî 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 ñ Senate Conservation Committee 

Position:          Support 

Bill:                 SB266 

Sponsors:        Steinborn (D36) 

Title:               CLARIFYING THE STATE GAME COMMISSIONíS 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 ñ Senate Conservation Committee 

Bill:                 SB268 

Sponsors:        Steinborn (D36) 

Title:               OUTLAW COYOTE-KILLING CONTESTS 

Summary:       (Very similar to 2015 SB268) Prohibits coyote-killing contests; defines coyote-killing contests; and specifies penalties. 

Status:             02/17/2017 ñ Senate Judiciary Committee 

Position:          Oppose 

Bill:                 SB284 

Sponsors:        Woods (R7) 

Title:               TRESPASSING HORSES ON PRIVATE LAND 

Summary:       (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 ñ Senate Conservation Committee 

Bill:                 SB286 

Sponsors:        Campos, P. (D8) 

Title:               NEW MEXICO WILDLIFE PROTECTION AND PUBLIC SAFETY ACT 

Summary:       (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 ñ Senate Conservation Committee 

Position:          Oppose 

Bill:                 SB321 

Sponsors:        Campos, P. (D8) 

Title:               RAISING MINIMUM WAGE 

Summary:       (Related to 2017 HB67, HB27, SB36) Raises the minimum wage to $8.75 per hour for state employees and state educational institution employees, excepting student employees. As of July 1, 2017, raises the minimum wage that all employers must pay all employees to $8.75 per hour. Requires tipped employees to receive a minimum hourly wage of $2.50, and tips combined with the employerís cash wage cannot equal less than the minimum wage of $8.75 per hour. For tipped employees required to have a valid server permit, issued pursuant to the Alcohol Server Education Article of the Liquor Control Act, tips combined with the employerís cash wage cannot equal less than a minimum wage rate of $9.75 per hour. 

Status:             02/03/2017 ñ Senate Public Affairs Committee 

Bill:                 SB348 

Sponsors:        Baca (R29) 

Title:               REGULATING DRONES 

Summary:       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 ñ Senate Public Affairs Committee 

Position:          Support w/Amendments 

Bill:                 SB349 

Sponsors:        Cisneros (D6) 

Title:               LIVESTOCK RUNNING AT LARGE 

Summary:       (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 ñ Senate Conservation Committee 

Position:          Neutral 

Bill:                 SB350 

Sponsors:        Wirth (D25) 

Title:               PROPERTY TAXóSPECIAL METHOD FOR LAND PREVIOUSLY USED FOR AGRICULTURAL PURPOSES 

Summary:       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 ñ Senate Corporations and Transportation Committee 

Position:          Oppose 

Bill:                 SB364 

Sponsors:        Ingle (R27) 

Title:               PROCEDURE FOR TRANSFERRING JURISDICTION OVER LAND, PARTICULARLY NATIONAL MONUMENTS 

Summary:       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 ñ Senate Conservation Committee 

Position:          Support w/Amendments 

Bill:                 SB378 

Sponsors:        Woods (R7) 

Title:               OPT-OUT OF LIVESTOCK COUNCIL ASSESSMENTS 

Summary:       (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 ñ Senate Conservation Committee 

Position:          Support 

Bill:                 SB386 

Sponsors:        Sanchez, C. (D30) 

Title:               MINIMUM WAGE INCREASE TO $9 AN HOUR 

Summary:       Raises the minimum wage for employees in New Mexico. Increases the minimum wage in New Mexico from $6.50 an hour to $9.00 an hour. For an employee in training, the minimum wage is raised to $8.00 an hour, however, the training period shall not exceed 60 days from the date of hire. A ìtrainee employeeî is defined as an employee who is being trained to perform the job for which the employee was hired. For an employee who customarily and regularly receives more than $30 per month in tips, the hourly wage is increased from $2.13 to $2.63 per hour. 

Status:             02/13/2017 ñ Senate Public Affairs Committee 

Bill:                 SB435 

Sponsors:        Wirth (D25) 

Title:               WATER RIGHTS LEASES EFFECTIVE DATES 

Summary:       Clarifies that a lease of a water right and subsequent use of the water shall not take effect until after the application has been approved in accordance with law. Specifically cites compliance with Secs. 72-6-4 through 72-6-6. 

Status:             02/16/2017 ñ Senate Conservation Committee 

Bill:                 SB452 

Sponsors:        Munoz (D4) 

Title:               EMINENT DOMAIN COMPENSATION FOR LAND VALUE REDUCTION 

Summary:       Proposes three new sections to the Eminent Domain Code requiring just compensation to be at least equal to the purchase price; providing just compensation to landowners for a reduction in property value caused by the enactment of a land use law; and providing that ìpublic useî for eminent domain does not include the public benefits of economic development. 

Status:             02/16/2017 ñ Senate Corporations and Transportation Committee 

Bill:                 SB481 

Sponsors:        Burt (R33) 

Title:               ENDANGERED SPECIES CONSERVATION AND COORDINATION ACT 

Summary:       Enacts the Endangered Species Conservation and Coordination Act to provide a state-based research program that evaluates scientific, environmental, economic and social data to ensure that informed decisions are made with regard to the listing of species as endangered under federal law. Authorizes the Director of the Department of Game and Fish to conduct research; provide assistance to local or regional governmental entities, residents, property owners and other stakeholders; direct species research programs; consult with the Commissioner of Public Lands and develop and manage a webpage to provide information about the research efforts. Authorizes the director to appoint an advisory committee that is qualified to address the relevant policy issues and can fairly represent the interests of property owners, industry, conservation groups, municipalities and other local jurisdictions. 

Status:             02/16/2017 ñ Senate Conservation Committee 

Bill:                 SJM3 

Sponsors:        Pirtle (R32) 

Title:               TRANSFER SKI APACHE ACREAGE TO MESCALERO TRIBE 

Summary:       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 ñ Senate Rules Committee 

Bill:                 SJM4 

Sponsors:        Stewart (D17) 

Title:               POLLINATOR-FRIENDLY PLANT LABELING PROJECT AND GARDEN 

Summary:       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:             02/15/2017 ñ House Agriculture and Water Resources Committee 

Bill:                 SJR6 

Sponsors:        Stewart (D17) 

Title:               C.A.óSTATEWIDE 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 ñ Senate Rules Committee 

Bill:                 SJR13 

Sponsors:        Candelaria (D26) 

Title:               C.A. -- ABOLITION OF POCKET VETOES AND VETO MESSAGES 

Summary:       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 ñ Senate Rules Committee 

Position:          Neutral 

Bill:                 SJR15 

Sponsors:        Munoz (D4) 

Title:               C. A. -- EXCLUSIVE RIGHT TO HUNT AND FISH 

Summary:       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 ñ Senate Rules Committee 

Bill:                 SM11 

Sponsors:        Woods (R7) 

Title:               CELEBRATES FFA YOUTH ORGANIZATION 

Summary:       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 Mexicoís FFA organization. 

Status:             01/24/2017 ñ President's Table 

Bill:                 SM12 

Sponsors:        Woods (R7) 

Title:               DECLARES 4-H DAY IN THE SENATE 

Summary:       Declares February 7, 2017 as 4-H Day in the Senate. A Copy of the memorial will be transmitted to NMSUís Youth Development organization. 

Status:             02/09/2017 ñ Signed by Officers of Senate 

Bill:                 SM24 

Sponsors:        Campos, P. (D8) 

Title:               STUDY OPTIONS FOR WATER SUPPLY IN NE NEW MEXICO 

Summary:       Requests the Office of State Engineer, the Interstate Stream Commission and regional stakeholders to study options for addressing water supply issues in northeastern New Mexico 

Status:             01/25/2017 ñ Senate Rules Committee 

Bill:                 SM43 

Sponsors:        Stefanics (D39) 

Title:               STUDYING RECYCLING OR REUSE OF WASTE MATERIALS 

Summary:       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 ñ 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 stateís 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 ñ President's Table 

Position:          Neutral 

Bill:                 SM71 

Sponsors:        Steinborn (D36) 

Title:               CREATE PRODUCT STEWARDSHIP ADVISORY GROUP 

Summary:       Recites that the stateís recycling goal was 50 percent in 2000 and the current rate is 16 percent but infrastructures are now in place locally to expand recycling efforts. Defines ìproduct stewardship programî as a program managed or provided by product producers, with government oversight, and includes collection, transportation and reuse and recycling or disposal of those products. 

Status:             02/13/2017 ñ Senate Rules Committee 

Bill:                 SM75 

Sponsors:        Soules (D37) 

Title:               SUPPORT STUDY OF CARBON FEE AND DIVIDEND LEGISLATION 

Summary:       Recites that the weight of scientific evidence indicates that greenhouse gas emissions from human activities are causing rising global temperatures which, in turn, pose dangers to human health, the economy and national security. Phasing in measures proposed in federal carbon fee and dividend legislation would provide needed correctives. 

Status:             02/13/2017 ñ Senate Rules Committee 

Bill:                 SM77 

Sponsors:        Steinborn (D36) 

Title:               RECOGNIZES THE HATCH CHILE ASSOCIATION 

Summary:       Recognizes the Hatch Chile Association for its contributions to the culture and economy of New Mexico through the promotion of Hatch farm-grown chile; for certifying the source and quality of chile grown in the Hatch Valley; and for its contributions to the growth and development of an agricultural industry of vital cultural and economic significance to New Mexico. 

Status:             02/15/2017 ñ President's Table