2019 Signed Legislation
Relating to electricity production. Raises state quotas for production of renewable energy, establishes a goal of 100% carbon-free energy by 2045, and eases the financial, employment and other strains anticipated to occur as a result of moving the state away from coal power.
Creates a seven-year Career Technical Education Pilot Project for public high schools administered by the Public Education Department; establishes criteria for the project; includes a teacher professional development component; requires collection and analysis of data in coordination with the Higher Education Department and Workforce Solutions Department; requires reports; creates a fund. Does not include an appropriation.
Creates a “Center of Excellence” at four higher education institutions to promote innovation in and expand various industries.
Amends the Public School Code to provide that local school boards may establish area vocational high schools at locations other than on the campus of postsecondary educational institutions. Removes plan approval authority from the Higher Education Department and restricts it solely to the Public Education Department.
Allows one partially consumed bottle of wine per customer to be removed from a winery’s premises if the winery attaches the customer receipts for the wine and reseals the bottle. Same procedure as for restaurant customers.
Creates the County and Tribal Health Plan Act; repeals the Maternal and Child Health Plan Act.
Increases the per-student per-semester College Affordability Scholarship maximum from $1,000 to $1,500, and increases the annual distribution from the College Affordability Endowment Fund to the College Affordability Scholarship Fund. Appropriates $50 million (GF nonreverting) to the College Affordability Endowment in FY 2020.
Clarifies that money from the Fire Protection Fund may be used to purchase land for fire stations and substations; allows fund awards to entities with outstanding obligations associated with prior fund awards.
Amends the Legislative Lottery Tuition Scholarship Act to include students attending accredited tribal colleges among those eligible for Lottery scholarships on the same basis as students at state higher educational institutions.
Places a health care quality surcharge, to be calculated annually by the Human Services Department on each non-Medicare bed day. Revenue flows to the Health Care Facility Fund and Disability Health Care Facility Fund established by this act to support skilled nursing facilities, intermediate care facilities and intermediate care facilities for individuals with intellectual disabilities.
Creates the Safe Harbor for Nurses Act to require employers to protect nurses who are requested to engage in practices they believe to be in violation of their legal duties; and to develop processes for invoking safe harbor.
Amends the Appraisal Management Company Registration Law to prohibit removal of an independent appraiser at any time after being added to its appraisal panel by an appraisal management company without notifying the appraiser in writing of the reasons for removal. Currently, the statute allows the company to remove the appraiser without prior notice during the first 30 days after the appointment.
Expands the notification and reporting requirements for missing persons under the “silver alert.”
Expands the existing gross receipts tax deduction for receipts from testing and transporting milk to testing or transporting milk.
Creates the Early Childhood Education and Care Department (ECECD) as a cabinet-level department to manage, operate and administer all early childhood education, early pre-kindergarten and pre-kindergarten education programs and eligibility, child care assistance programs, and the Early Childhood Care and Education Act (birth to age 5). The first segment of the bill relates to the structure, responsibilities and duties of the new department and the later segment makes reconciling name and several substantive law changes to existing sections of law.
Increases the portion of the Severance Tax Permanent Fund required to be invested in the Small Business Investment Corporation from one to two percent of the Fund’s market value.
Transfers administration and enforcement of the Insurance Premium Tax Act from the Insurance Superintendent to the Taxation and Revenue Department; amends the distribution of insurance premium tax receipts; and requires the Superintendent of Insurance to provide certain information to TRD.
Requires a background check when conducting sales of a firearm; provides penalties.
Amends the Gross Receipts Tax Act to apply the tax to a prime contractor who operates a national laboratory in New Mexico, whether or not the prime contractor qualifies as a Section 501(c)(3) nonprofit organization. The bill does so by amending Sec. 7-9-29 relating to I.C. exemptions to specifically exclude a nonprofit prime contractor of a national lab from the exemption.
Creates the Maternal Mortality and Morbidity Prevention Act. Establishes a review committee in the Department of Health charged with making recommendations to prevent further maternal mortality. Defines its composition and prescribes its duties. Authorizes the committee to access medical records and other health information. Authorizes creation of an abstractor subcommittee to access and report data cleaned of personal identifiers, and otherwise provides for confidentiality. Requires DOH to promulgate rules.
Amends the Massage Therapy Practices Act by restating the scope of practice, expanding continuing education course work subject matter; reinforcing the Massage Therapy Board’s authority to license a massage therapist; authorizing the board to set requirements for registration as a massage therapy school and to establish minimum curricula for massage therapy schools; and providing for the issuance and revocation of massage therapy school registrations.
Cited as the Electronic Communications Privacy Act, the bill provides protections from government access to electronic communications by specifying the conditions under which a government entity may compel the production of or access to electronic communication information from a service provider. Requires the issuance of a warrant and specifies conditions that must be satisfied before a warrant or wiretap is authorized.
Expands the authority of the Director of the Administrative Office of the Courts to allow it to apply for and receive any available public or private funds, including U.S. government funds, to carry out its programs, duties or services.
Creates the Judge Pro Tempore Fund in the state treasury to be administered by the Administrative Office of the Courts. The fund is to be used to pay the costs of judges pro tempore and shall consist of appropriations and gifts made to the fund.
Provides a method for beef producers who choose not to participate in the Beef Council assessment for registered livestock brands to opt-out of the assessment. Changes the rate the Council reimburses the Livestock Board.
Requires lobbyist expenditure reports to additionally include the cumulative total of all individual expenditures of less than $100 made or incurred by the employer or lobbyist during the covered reporting period. The list shall be separated into three categories: (1) meals and beverages, (2) other entertainment expenditures, and (3) other expenditures.
Authorizes the Motor Vehicle Division to issue a four-year distinctive registration placard to organizations that own or lease vehicles that primarily transport persons with significant mobility limitations.
Amends the Lottery Tuition Scholarship Act to clarify that a student who had to leave the state to receive an education pursuant to the Individuals with Disabilities Education Act is qualified to receive a Lottery Tuition Scholarship under certain circumstances.
Amends the Insurance Code to allow prizes and gifts with a value of no more than $100 to be given to an insurance customer or prospective customer by a property or casualty insurer.
Authorizes Educational Retirement Program members who are eligible for retirement to convert unused sick leave to service credit.
Proposes to amend the Homeowner Association Act to broaden its applicability; provide for alternative dispute resolution; amend disclosure requirements; and give homeowner’s associations authority to levy reasonable fines for violations of or failure to comply with any provision of the community documents. Provides for removal of board members; holding of annual meetings; enforcement of covenants; and dispute resolution. Sets or limits fees to be assessed for preparation of a Disclosure Certificate.
Reorganizes the Regulation and Licensing Department by restoring the Alcohol and Gaming Division to its previous name of Alcoholic Beverage Control Division. Makes the appropriate transfer of all assets, contractual obligations and statutory authority from one division to the other.
Amends the Emergency Medical Services Act to require the Department of Health to coordinate with local and regional emergency medical services on the development and implementation of “ST segment elevation myocardial infarction” (STEMI) triage and transport plans.
Protects confidentiality of victims, of or non-law-enforcement witnesses to assault (including against a household member) with intent to commit criminal sexual penetration, stalking/aggravated stalking, criminal sexual penetration or criminal sexual contact.
Appropriates $1.5 million (Public Project Revolving Fund) non-reverting for use in FY 2020 and subsequent years to the Wastewater Facility Construction Loan Fund to provide state matching funds for federal Clean Water Act of 1977 projects and to carry out the purposes of the Wastewater Facility Construction Loan Act
Removes the occupancy tax exemption for vendors offering fewer than three rooms attached to a taxable premises or three other taxable premises for lodging. Effective July 1, 2019.
Relates to landowner liability; limits liability of landowners permitting persons, without charge or other consideration, to explore caves on private property.
Requires the annual proposed budgets submitted by the Governor and the LFC to contain the amount of the budget recommendation intended for evidence-based, research-based and promising sub-programs. The portion concerning an agency may contain recommendations for implementation of evidence-based, research-based and promising sub-programs.
Creates the Student Diabetes Management Act to mandate that by December 31, 2019, the Secretary of Health shall adopt rules for school boards to provide diabetes care training for nurses and diabetes care personnel. Mandates parents who seek diabetes care at school to submit a diabetes medical management plan, and school boards to ensure the student gets the care laid out in the plan. Provides for diabetes self-management by students while at school or school functions.
Requires a child in need of services be placed in the home of a relative in preference to any other shelter care facility.
Appropriates $3 million from the Public Project Revolving Fund to the Local Government Planning Fund (administered by N..M. Finance Authority) for use in FY 2020 and subsequent fiscal years to make grants to evaluate and estimate the costs of implementing the most feasible alternatives for water or wastewater public projects or to develop water conservation plans, long-term master plans, economic development plans or energy audits and to pay the administrative costs of the Local Government Planning Program.
Clarifies requirements of a conditional prescription certificate to prescribe psychotropic medications and the types of licensed clinicians who may act as supervising clinicians for a psychologist with a conditional certificate. Clarifies conditions of liability.
Creates a nonreverting Advanced Mapping Fund to be administered by the Office of the State Engineer and funded by appropriations, donations, income from investment and money otherwise accruing. Money in the fund is subject to appropriation by the Legislature.
Allows revenue from municipal environmental services gross receipts tax to be dedicated, in addition to existing uses, to acquisition, construction, operation and maintenance of infrastructure necessary for storm water runoff control and expands operation of solid waste facilities to include collection of solid waste and disposal of demolition debris.
Amends the Indian Education Act to require school districts and charter schools to conduct assessments of needs for services to help Indian students graduate and be college- and career-ready, and to develop and publish systemic frameworks of measures to close the achievement gap between Indians and all other student groups in New Mexico.
Prohibits unlicensed persons from performing an eye exam on an individual physically present in the state or from writing a prescription for contact lenses or spectacles. Prohibits writing a prescription for contact lenses or spectacles unless based upon a prior eye examination and its findings.
Extends the authority of university police officers on campuses at institutions of higher learning to include public streets and highways that are immediately adjacent to a campus where students are educated.
Empowers a municipality (Roswell), together with the county (Chaves) in which the municipality is situated, to create an industrial air center special economic district governed by an authority. Main purpose is to construct and maintain airport facilities. Declares authority to be a political subdivision which may issue bonds against its revenues. These bonds are tax-exempt. Authority may impose charges and fees for use of its property and land.
Amends the School Personnel Act to ensure that a teacher’s use of personal leave and up to ten days of sick leave annually, consistent with board policy, shall not affect the teacher’s annual performance evaluation. Permits a performance evaluation to reflect the lowest score as to attendance if sick leave use contravenes board policy, PED rules, or terms of a collective bargaining agreement.
Amends the New Mexico Drug, Device and Cosmetic Act to add Registered Lay Midwives licensed by DOH as practitioners who can procure, carry and administer drugs.
Relates to the special districts called Infrastructure Development Zones and the method of notice required for public hearings and the inclusion of territory within the zone.
Relates to county government; removes requirement that county subdivision ordinances be filed with the State Records Administrator.
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.
Clarifies that the Educational Retirement Board, the Public Employees Retirement Association, and the State Investment Council may participate in the Local Government Investment Pool.
Removes condition that Class B counties be considered an urbanized territory. Revises definitions of traditional historic communities and urbanized territories by removing the exception for urbanized territories in unincorporated areas of Santa Fe County (class B counties with populations between 95,000 and 99,500).
Redefines the meaning of “occupational therapy” and delineates in greater detail the scope of practice of occupational therapy services; eliminates the definition of and provision for an unlicensed “occupational therapy aide or technician”; and requires supervision for an occupational therapy assistant.
Requires facilities that perform mammograms to include information about the patient’s breast density in the federally required summary report that is required to be provided to a patient, and in certain cases also to include specific language about attendant risks.
Mandates Educational Retirement Board, State Treasurer, Public Employees Retirement Association and State Investment Council to present the agency’s current annual financial audit to the State Board of Finance within six months after the report is due to the State Auditor.
Amends the School Personnel Act to require the Public Education Department to provide development training for career-technical teachers and educational assistants.
Makes a series of General Fund appropriations to cover expenses of the 2019 Session of the Legislature and the operation of legislative agencies during FY2019 and FY2020.
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