Legislative Update, February 4, 2017

Legislative Update,  February 4, 2017

Legislative Update

February 4, 2017

Zach Riley

 The list is growing at an ever-increasing rate as the bills continue being filed. This week was one for the books as the two sides of the aisle not only battled it out over how best to pay everyone for the work being done at session, but the two chambers and the executive branch also seemed to be locked in a dead heat. Alas, a compromise has been struck and the bills will get paid with a couple of extra pieces of legislation drafted and introduced to take care of the judiciary expenses. Now we are really starting to get into the thick of things and NMFLB is helping to rework and reword, as well as fight against in committees and reach middle grounds outside the room concerning everything important to the industry.  

 Earlier this week the Senator Woods bill that would have codified in law the livestock definitions for horses was reintroduced in Senate Conservation. Right now the bill is back to the drafters as Senator Soules and Animal Protection folks sort of hijacked things by surprising everyone with an amendment to the bill. Animal Protection contends that this bill does not do enough to safeguard against horses being sold in auctions for transport to Mexico and potential, eventual slaughter. This is not the objective of the legislation, but as special interest groups like that continue to appeal to the emotions of the less informed populous the battle between reason and empathy continues. This is not the only issue in the path of NMFLB advocacy as it pertains to animals and livestock. NMFLB has tried to convince committee members to help in the fight against increasing feed taxes for the benefit of spaying and neutering programs of felines and canines. However, well intended this is not ultimately only going to be a burden on those purchasing dog and cat food, but ultimately place the increased burden on all who buy feed. There were some unexpected supporters of the cause in committee and this was a setback in the battle.  

 Animal welfare issues seem to be a recurring theme this year as the Coyote Calling Contest ban and Anti-Trapping bills have reared their ugly heads again. This time they are being carried by friends of the Industry Republican Senator Mark Moores and Democrat Senator Pete Campos. There are still more bills with unintended consequences including the House bill carried by freshman Damon Ely to create new felonies and incite vigilante justice for those suspected of committing animal cruelty. The bills are being couched as closing loopholes for infractions by veterinarians and that there are dual exemptions for livestock producers. This may or may not be the case, but placing into writing and ultimately in statute something of this nature has a multitude of unintended consequences for the industry. As with all bills it’s not always what is written, but the interpretations by those charged with enforcing the laws or by deciding ultimately the intent of the legislature in court.

 One such case is Democrats Senator Martinez and Representative Garcia-Richards who both ran mirror bills eroding the basic premise of second amendment rights. These bills both had committee hearings this week and caused quite a ruckus, as the agriculture industry was not the only one waiting in the hallway to strongly oppose such measures. The sheriffs and law enforcement agencies turned out in droves contending that the ways in which this bill is being sold are not true and that this will inhibit them, as well as good law abiding citizens from transferring or even purchasing firearms. There were so many shortcomings in this legislation that there are too many to list here but be assured that it seems in this progressive takeover situation the only failsafe against such damaging legislation might in fact be the governor veto powers.

 We have only rounded out the end to week number three and there still stands to be much more on the forefront. All of the conversations that you can have with your representatives and senators are absolutely imperative and any way that NMFLB can be the conduit for those conversations, please do not hesitate to ask. We thank you for your continued support and dedication to the cause. Stay tuned!


Bill:            HB24

Sponsors:   Ezzell (R58)

Title:          STATE TRUST LANDS SURFACE DAMAGE AND WATERSHED RESTORATION AND REMEDIATION FUND

Summary:  (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 ñ House Appropriations and Finance Committee

Position:    Neutral

Bill:            HB27

Sponsors:   Roybal-Caballero (D13)

Title:          MINIMUM WAGE INCREASE

Summary:  (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 ñ House Business and Industry Committee

Position:    Oppose

Bill:            HB50

Sponsors:   Garcia Richard (D43)

Title:          CRIMINAL BACKGROUND CHECKS ON CERTAIN GUN TRANSFERS

Summary:  (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:       01/18/2017 ñ House Consumer and Public Affairs Committee

Scheduled: 02/04/2017—House Consumer and Public Affairs Committee, 10:00 a.m., House Chamber (Revised 02/02/2017)

Position:    Oppose

Bill:            HB67

Sponsors:   Garcia, Miguel (D14)

Title:          INCREMENTAL EMPLOYEE MINIMUM WAGE RATE INCREASES: 2017-2020

Summary:  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 ñ House Business and Industry Committee

Bill:            HB78

Sponsors:   Fajardo (R7)

Title:          REFRESHER FIREARMS TRAINING COURSE

Summary:  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 ñ House Consumer and Public Affairs Committee

Scheduled: 02/07/2017—House Consumer and Public Affairs Committee, 1:30 p.m., Room 309

Bill:            HB89

Sponsors:   McCamley (D33)

Title:          CANNABIS REVENUE AND FREEDOM ACT

Summary:  (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:       01/18/2017 ñ House Consumer and Public Affairs Committee

Scheduled: 02/04/2017—House Consumer and Public Affairs Committee, 10:00 a.m., House Chamber (Revised 02/02/2017)

Bill:            HB104

Sponsors:   Bandy (R3)

Title:          LOCAL ELECTION ACT

Summary:  (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 ñ House Local Government, Elections, Land Grants and Cultural Affairs Committee

Scheduled: 02/09/2017—House Local Government, Elections, Land Grants and Cultural Affairs Committee, 1:30 p.m., Room 315

Bill:            HB117

Sponsors:   Roybal-Caballero (D13)

Title:          SUPPLEMENTAL INCOME TAX

Summary:  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 ñ House Labor and Economic Development Committee

Position:    Oppose

Bill:            HB123

Sponsors:   Trujillo, Carl (D46)

Title:          COMMERCIAL PET FOOD FEE FOR SPAY AND NEUTER

Summary:  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:       01/31/2017 ñ House State Government, Indian and Veteran Affairs Committee

Scheduled: 02/06/2017—House Taxation and Revenue Committee, 8:30 a.m., Room 317

Bill:            HB143

Sponsors:   Gomez (D34)

Title:          APPROPRIATION TO MONITOR BOLL WEEVIL AND PINK BOLLWORM

Summary:  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 ñ House Appropriations and Finance Committee

Bill:            HB144

Sponsors:   Gomez (D34)

Title:          INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT

Summary:  (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 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:       01/26/2017 ñ House Labor and Economic Development Committee

Scheduled: 02/06/2017—House Labor and Economic Development Committee, 1:30 p.m., Room 315

Bill:            HB145

Sponsors:   Gomez (D34)

Title:          BIG GAME DAMAGE TO LANDOWNERS

Summary:  Clarifies Purpose of the Big Game Depredation Damage Fund to Include Compensation of Landowners for Financial Damage Caused by Big Game

Status:       02/02/2017 ñ House Energy, Environment and Natural Resources Committee

Bill:            HB154

Sponsors:   Little (R53)

Title:          INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT

Summary:  (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 programís 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 ñ House Labor and Economic Development Committee

Scheduled: 02/06/2017—House Labor and Economic Development Committee, 1:30 p.m., Room 315

Bill:            HB174

Sponsors:   Smith (R22); Ivey-Soto (D15)

Title:          LOCAL ELECTION ACT

Summary:  (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 ñ House Local Government, Elections, Land Grants and Cultural Affairs Committee

Scheduled: 02/09/2017—House Local Government, Elections, Land Grants and Cultural Affairs Committee, 1:30 p.m., Room 315

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 ñ House Transportation, Public Works and Capital Improvements Committee

Bill:            HB208

Sponsors:   Hall, J. C. (R28)

Title:          FRESH FRUITS AND VEGETABLES FOR SCHOOL MEALS

Summary:  (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 PEDís 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:       01/23/2017 ñ House Agriculture and Water Resources Committee

Scheduled: 02/07/2017—House Agriculture and Water Resources Committee, 8:30 a.m., Room 315

Bill:            HB210

Sponsors:   Ely (D23)

Title:          AMEND CRIME OF CRUELTY TO ANIMALS

Summary:  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 ñ House Consumer and Public Affairs Committee

Position:    Oppose

Bill:            HB219

Sponsors:   Hall, J. C. (R28)

Title:          ANIMAL SHELTERING REGULATION BY VETERINARY MEDICINE BOARD

Summary:  (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 ñ 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 volunteerís service if 1) the volunteer acted in good faith and within the scope of the volunteerís 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 ñ House State Government, Indian and Veteran Affairs Committee

Bill:            HB289

Sponsors:   Small (D36)

Title:          AGRICULTURE IN THE ECONOMIC DEVELOPMENT FINANCE ACT

Summary:  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 ñ House Labor and Economic Development Committee

Position:    Neutral

Bill:            HB305

Sponsors:   Sweetser (D32)

Title:          INSPECTIONS FOR COMPLIANCE WITH FOOD SAFETY LAWS

Summary:  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 ñ House Agriculture and Water Resources Committee

Position:    Support

Bill:            HM1

Sponsors:   Salazar, T. (D70)

Title:          STATE AND REGIONAL WATER PLANNING TASK FORCE REVIEW

Summary:  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 ñ House Calendar

Bill:            HM8

Sponsors:   Roch (R67)

Title:          FUTURE FARMERS OF AMERICA DAY

Summary:  Declares February 22, 2017, to be FFA Day in the House of Representatives

Status:       01/20/2017 ñ Speaker's Table

Scheduled: 02/06/2017—House Calendar, 10:30 a.m., House Chamber

Bill:            HM27

Sponsors:   Dodge (D63)

Title:          DEVELOPMENT OF STATEWIDE STRATEGIC PLAN FOR AGRICULTURAL RESILIENCE

Summary:  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 Mexicoís 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 ñ House Agriculture and Water Resources Committee

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:       02/02/2017 ñ Senate Calendar

Scheduled: 02/06/2017—Senate Calendar, 11:00 a.m., Senate Chamber

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:       02/02/2017 ñ Senate Calendar

Scheduled: 02/06/2017—Senate Calendar, 11:00 a.m., Senate Chamber

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:       01/17/2017 ñ Senate Corporations and Transportation 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:       02/02/2017 ñ Senate Conservation Committee

Scheduled: 02/07/2017—Senate Conservation Committee, 9:00 a.m., Room 311

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:       01/23/2017 ñ Senate Corporations and Transportation 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:       01/23/2017 ñ Senate Corporations and Transportation 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:       01/24/2017 ñ Senate Rules Committee

Scheduled: 02/06/2017—Senate Rules Committee, 8:30 a.m., Room 321

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:       01/24/2017 ñ Senate Rules 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:       01/24/2017 ñ Senate Public Affairs 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

Scheduled: 02/08/2017—Senate Education Committee, 8:30 a.m., Room 311

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:       01/30/2017 ñ Senate Conservation 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:            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:       02/01/2017 ñ Senate Conservation Committee

Scheduled: 02/09/2017—Senate Conservation Committee, 8:30 a.m., Room 311

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:            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

Scheduled: 02/06/2017—Senate Calendar, 11:00 a.m., Senate Chamber

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