2019 Signed Legislation
Reappropriates remaining balances from previously authorized projects for new purposes; expands and changes purposes for others; extends time for use of revenue; and establishes conditions for the reversion or transfer of prior appropriations either from Severance Tax Bonds or the General Fund.
Provides that an appeal from the judgment of a metropolitan court in a civil action shall be to the court of appeals directly rather than to the district court of the county in which the metropolitan court is located.
Amends the Primary Care Capital Funding Act to make county- or municipality-owned primary care clinics in rural or underserved areas eligible for primary care capital funding; permits the New Mexico Finance Authority to recover from the Primary Care Capital Fund the costs of administering the fund and originating loans up to an amount equal to ten percent of original loan amounts.
Tightens conditions for dedicating gross receipts tax increments for tax increment development district bonds by municipalities and counties. Authorizes the State Board of Finance to dedicate state gross receipts increments for TIDD projects.
Consolidates certain local option taxes, de-earmarks revenues.
Bars the State Board of Finance from issuing and selling more than $181 million in supplemental severance tax bonds in 2019. Requires a distribution of $23,690,000 on June 14, 2019 and by each December 29 from 2020 through 2028 from the Severance Tax Bonding Fund to the Severance Tax Permanent Fund.
Amends provisions of the Pharmacy Benefits Manager Regulation Act regarding licensure renewal, reimbursement practices and appeals, provisions regarding maximum allowable costs, requirements and prohibitions in contracts with pharmacies, production of documents and network adequacy reports as requested or required, prohibition against charging of fees not included in contracts, unfair or fraudulent practices, and penalties.
Amends the Pharmacy Act to provide changes for the pharmacy audit process; excepts certain audit findings from serving as a basis for recoupment. Authorizes pharmacy benefit managers and their subcontractors to conduct pharmacy audits.
Authorizes New Mexico State University board of regents to establish a campus in San Luis Potosi, Mexico.
Adds reporting and accountability requirements for the Board of Directors and staff of the New Mexico Health Insurance Exchange.
Grants an income tax deduction to estates and trusts. The deduction is for net income set aside for future distributions to nonresident individual beneficiaries. The deduction, however, does not apply to income derived from real property, mineral, oil or natural gas interests, water rights located in New Mexico or any other income allocated or apportioned to New Mexico.
Amends the Detoxification Reform Act to add a public service officer as an authorized person for the purpose of requesting commitment of an intoxicated or incapacitated person to a treatment facility. Under current law, only a physician or police officer are authorized to do so. However, the bill does not offer a definition for what constitutes a “public service officer.”
Amends the Motor Vehicle Code to make it unlawful for a person to park a motor vehicle in such a manner as to block access to a designated accessible parking space for persons with significant mobility limitation.
Allows the Oil Conservation Division to set by rule a schedule of administrative filing, application and permit fees sufficient to cover the Division’s reasonable costs to review, implement and enforce granted orders, applications and permits. Fees collected are appropriated to the Division for its use.
Requires school boards to establish rules that allow for possession, storage and administration of medical cannabis by authorized adults to students in a school setting, with express limitations and exceptions. Decriminalizes possession or use of medical cannabis in or on a school bus, public vehicle, or school grounds.
Authorizes a municipality of any size to transfer jurisdiction of municipal courts to the magistrate court upon an agreement between the Supreme Court and the municipality.
Amends the Body Art Safe Practices Act to require that an applicant for a body art tattoo or piercing-scarification license be granted credit for equivalent training or experience obtained from any source, whether within or outside the state; alters the qualifications for members of the Board of Body Art Practitioners.
Calls for the establishment of the Naturopathic Doctors’ Practice Act and the licensure of naturopathic doctors; creates an advisory council of the New Mexico Medical Board.
Increases the duration of license renewal from one to two years for cosmetologists, barbers, hairstylists, instructors, related specialists, estheticians, manicurist-pedicurists and electrologists. Increases fees for license and renewal fees for cosmetologists, barbers, hairstylists, instructors, and related specialists.
Amends the Minimum Wage Act to include domestic service under wage protections.
Revises the Campaign Reporting Act to provide reporting requirements for independent campaign expenditures and fund transfers; adds campaign advertising. Redefines “political committee.” Raises limits on allowable campaign contributions.
Authorizes the Department of Agriculture to enter into agreements with veterinary schools in other states to allow students to intern with New Mexico veterinary clinics; appropriates $100,000 (GF) to the Department of Agriculture for use in FY 2020 to create and coordinate the internship program.
Amends the Public School Code section addressing interventions for dyslexia to require that all first grade students be screened for dyslexia and to require appropriate classroom interventions or referral to a student assistance team based on screening results. Requires every school district to develop and implement a literacy professional development plan for all elementary school teachers, and for reading interventionists and special education teachers working with students who demonstrate characteristics of dyslexia.
Prohibits certain restrictions on and establishes new requirements for coverage of medical services provided by telemedicine; amends the Health Care Purchasing Act, the New Mexico Insurance Code, the Health Maintenance Organization Law and the Nonprofit Health Care Plan Law, expands the definition of “telemedicine.”
Amends the Service Contract Regulation Act relating to the cancellation of a service contract and for automatic renewal provisions.
Requires the court to enter an order of protection in cases of domestic abuse ordering the restrained party to deliver any firearm in his or her possession to one of the authorized recipients listed below and to refrain from purchasing, receiving, possessing or attempting to purchase, receive or possess any firearm while the order of protection is in effect.
Amends the College District Tax Act to create a process for community colleges to enter into lease-purchase arrangements primarily for educational technology equipment, broadly defined, to be paid from property tax revenue bonds.
Changes to the first day of the fiscal year (rather than the calendar year) the date on which the per diem rate for calculation of the amount of pension under form of payment A of state legislator member coverage plan 2 is determined.
Amends the Aviation Act to allow for the imposition of additional landing fees by an airport facility. Current law allows for a fee to be assessed for “compensation,” and this proposal expands the authorization to allow a fee to be imposed for general aviation aircraft that weigh more than 12,500 pounds, provided that any landing fees shall be assessed and used in compliance with federal law.
Creates a new process for ranking public schools that designates four levels of need for support based on specified factors; determines how those factors are to be measured; requires the Public Education Department to provide a technology platform for a school dashboard of identified characteristics and ratings for each school; and requires PED to ensure that a local school board prioritizes resources depending on its designation. Repeals the A-B-C-D-F School Rating Act.
Amends land grant-merced election requirements and procedures and provides for review of contested land grant-merced elections; amends the qualifications and duties for boards of trustees of land grants-mercedes.
Amends multiple sections of the Insurance Code relating to the Small Group Rate and Renewability Act, the Health Insurance Portability Act, the HMO Law and the Health Care Plan Law to align provisions relating to accessibility of health care coverage to Federal law, provides a new section requiring the Superintendent of Insurance to seek Federal health coverage access and affordability waiver authorization and funding.
Bill proposes a number of changes regarding eligibility for and financing of ERB retirement and return to work rules.
Includes the Manzano Land Grant-Merced in Torrance County under the general provisions of Chapter 49, Article 1 concerning land grants; repeals the existing sections of Chapter 49, Article 7 that specifically address the Manzano Grant.
Amends the Volunteer Firefighters Retirement Act to allow volunteer firefighters to post or adjust uncredited service credit earned for one or more years beginning January 1, 1984.
Proposes the Home Inspector Licensing Act to regulate and supervise the business of home inspection and evaluation by the newly created New Mexico Home Inspectors Board. Creates the Home Inspector Fund. Imposes penalties. Appropriates $200,000 (GF, nonreverting) to the Fund for use in FY 2020 and subsequent years to carry out the purposes of the act.
Significantly amends, for clarity, the School Personnel Act to provide uniformity in the procedures, requirements and rights related to termination and discharge of licensed and unlicensed school employees in public schools, constitutional special schools, regional education cooperatives (RECs) and other state agencies and institutions that educate school-age children.
Creates the New Mexico Agricultural Workforce Development Program to provide agricultural business internships.
Establishes direct-service ratio applicability for short-term plans. Changes all references to limited-benefit health coverage to excepted benefits coverage.
Requires the State Search and Rescue Resource Officer to submit insurance claims to the Risk Management Division of the General Services Department for coverage for damage to personal property of Search and Rescue volunteers incurred in the course of an authorized mission.
Alters fundamental parameters of the High-Wage Jobs Tax Credit. Reduces the rate of the tax credit from ten to 8.5 percent of the eligible employee’s wages but expands the wage base from $12,000 to $12,750 per job per qualifying period. No longer requires eligible jobs to be full-time.
Reduces the probationary employment period for licensed educational assistants from three years to one year, and makes the same probationary period applicable to unlicensed school employees.
Requests the Local Government Division of Department of Finance and Administration to conduct a feasibility study of the siting, planning, design and construction of a library and multi-use complex in Chaparral.
Creates the Grow Your Own Teachers Act scholarship program to enable educational assistants to complete teacher preparation education. Authorizes Higher Education Department rule-making.
Increases by 0.25 percent employer contributions to funds under the Public Employees Retirement Act and the Educational Retirement Fund.
Amends the Liquor Excise Tax Act and the Liquor Control Act to expand in several ways the permitted low-tax production of small brewers, winegrowers and craft distillers. Effective July 1, 2019.
Adds definitions for “professional conservator” and “professional guardian” as an individual or entity that serves as a conservator or guardian for more than two individuals who are not related to the conservator or guardian by marriage, adoption or third degree of blood or affinity. Defines “representative payee” as a person appointed by the federal Social Security Administration to receive and manage the Supplemental Security Income or Social Security Disability Income for individuals who cannot fully manage their own income.
Creates the Surprise Billing Protection Act in the Insurance Code, designed to protect covered persons from unexpected billing from providers that are not participants in that person’s health benefits plan. Prohibits surprise billing as an unfair practice under the Code. Establishes penalties. Establishes contingent repeal upon promulgation of certain rules by the Superintendent of Insurance. DOH to administer public posting of health-facility plans.
Amends the Election Code to create the Intimate Partner Violence Survivor Suffrage Act in the Election Code, and requires the Secretary of State to ensure that a participant who is eligible to vote in New Mexico is able to be securely registered to vote and to automatically receive a ballot for each election.
Makes a series of revisions, additions and updates to the provisions of the Individual Development Account Act, including expanding the allowable uses for funds in the accounts. Contains a $500,000 (GF) appropriation to carry out purposes of the IDA Fund in 2020 and subsequent years.
Makes changes to the Uniform Probate Code concerning the exercise of power of appointment. Applies to a governing instrument created before, on or after July 1, 2019; a judicial proceeding commenced on or after July 1, 2019; and a judicial proceeding commenced before July 1, 2019—unless the court finds that a part of this act would substantially interfere with the conduct of the proceeding or prejudice a right of a party, in which case that particular provision does not apply and the previous law applies.
Creates the Engineering and Surveying Scholarship Program and a scholarship fund, clarifies reciprocity licensing requirements for engineers; permits alternative authentications to physical or electronic seals; amends surveyor intern certification requirements; provides for appropriation requests for a nonreverting scholarship program fund.
Adds to and amends the Insurance Code to create a self-service storage insurance producer license that permits the licensee to sell, solicit and offer self-service storage insurance to occupants at self-service storage facilities.
Amends the Motor Vehicle Code to define “education” for motor vehicle dealers to mean training in-state by a tax-exempt organization, by a person who has held a New Mexico dealer license for at least ten years.
Adds to the Unfair Practices Act’s definition of “unfair or deceptive trade practice” “offering or providing unposted or unadvertised pricing or service based on the buyer’s gender or perceived gender identity”. This provision does not apply to persons regulated by the Office of Superintendent of Insurance.
Amends the Public School Code to require schools to award credit for coursework completed by a student transferring between public schools, regardless of whether the transfer occurred at the end of a grading period. Required districts, guided by the Public Education Department, to develop policies for award of partial credit.
Amends the Criminal Code to decrease penalties for possession of certain amounts of marijuana and for the possession of drug paraphernalia. Creates a “penalty assessment” form of citation as a penalty.
Provides for maintenance of Medicaid services pending determination of disputes regarding overpayments and allegations of fraud. Establishes due process for providers and subcontractors in such disputes. Provides for audits and prohibition of extrapolation of audit findings. Establishes provider rights to request an informal conference and expedited adjudicatory proceedings from an administrative law judge in the Department of Finance and Administration, pursuant to the Administrative Procedures Act. Provides for release of suspended payment on posting of a surety bond; judicial review of final determinations; and award of costs.
Transfers to the Board of Trustees of a land grant-merced from the Local Government Division of the Department of Finance and Administration the authority to determine zoning of common lands pursuant to a comprehensive plan that considers health, safety and general welfare of the residents; and extends that consideration to heirs as well as residents.
Funds awards to counties that apply for behavioral health services funding. Adds a duty to the Behavioral Health Services Division of HSD to provide for interventions for nonviolent adult and juvenile offenders with behavioral health diagnoses.
Repeals the Compulsory School Attendance Act and replaces it with the Attendance for Success Act. Amends the Family Services Act to provide for prevention of absences and earlier, more intensive intervention, including community-based services, for absent or chronically absent students. Requires Absence Prevention Strategies and Attendance Improvement Plans, with intervention progressing from parental notification to referral to the Children, Youth and Families Department and possible suspension of driving privileges. Requires extensive data collection and reports. Requires safeguards and assurance of timely graduation for students whose education is disrupted.
A criminal justice reform measure that addresses offenders with behavioral health diagnoses and related jail incarceration procedures; immunity for assisting with overdose cases; procedures for pre-prosecution diversion programs; probation and parole procedures; pre-sentence reports; requirements for crime victims’ reparations; accurate eyewitness identification requirements; duties of N.M. Sentencing Commission; eyewitness identification policies and training.
Prohibits business, professional or occupational licensing agencies from requiring submission of fingerprints for license renewal.
Provides substantive and pro forma changes to many sections of the Election Code.
Expands the authorized uses of revenue derived from the County Emergency Communications and Emergency Medical and Behavioral Health Services Tax and changes the name of the tax.
Amends the Local Economic Development Act to exclude funds under the act from being used to acquire water rights.
Pushes the sunset from January 1, 2021, to January 1, 2031, on the state gross receipts tax deduction for sales of goods and services to the United States Department of Defense by a contractor of energy and satellite-related research and development services.
Requires the Public Education Department to authorize an external diploma program for adults who have not graduated from high school.
Permits an individual licensed to practice medicine and surgery or osteopathic medicine in another state to provide care to team members and staff traveling with an out-of-state sports team for a specific sporting event in New Mexico; permits temporary licensure exemption.
Adds tribal judges to the persons who are to receive education and training from the Judicial Education Center at UNM’s Institute of Public Law.
Prohibits any health insurance coverage that provides coverage for gynecological or obstetrical ultrasounds from requiring prior authorization for these ultrasounds. This prohibition extends to Medicaid managed care and fee-for-service contractors.
Proposes the Safe Schools for All Students Act to mandate that the Public Education Department promulgate rules to require school districts to develop and implement bullying prevention policies and programs. Repeals existing requirements for school bullying prevention policies and programs.
Amends the Public School Capital Outlay Act to clarify the calculation of state and local shares of PSCO-funded projects; and makes conforming technical changes throughout the act. Includes school security systems as fundable projects.
Amends the Public School Capital Outlay Act to create an initiative to fund construction of pre-kindergarten (Pre-K) classroom facilities, including establishment of appropriate facility standards; and expands allowable uses of the Public School Capital Outlay Fund for five years for the initiative.
Creates the Prior Authorization Act to streamline the prior authorization process for non-emergency medical care. Provides for duties for the Office of the Superintendent of Insurance to administer the act. Imposes requirements on health insurance providers and pharmacy benefits managers with respect to prior authorization.
Authorizes the UNM Board of Regents to create an off-campus instructional center in Valencia County.
Creates two parallel acts, the Caregiver Leave Act and the Public Employee Caregiver Leave Act, to provide private and public employees with the same rights to use accrued sick leave for family caregiving.
Amends the Criminal Offender Employment Act to prohibit private employers from inquiring about an applicant’s conviction on the initial employment application.
Amends the Voter Action Act and the Campaign Reporting Act by changing the mechanism for public financing of elections for Public Regulation Commissioner, Supreme Court justices and Court of Appeals judges. Changes distribution and matching fund provisions; limits funds for candidates in uncontested races. Clarifies penalties. Repeals provisions for seed money and matching funds.
House Transportation, Public Works and Capital Improvements Committee substitute for a dummy bill, HB694, creates the Local Government Transportation Project Fund administered by the Department of Transportation, to make grants for up to 95 to 100 percent of total costs to local governments for projects on a prioritized list approved by the State Transportation Commission.
Establishes that the Oil Conservation Division has exclusive jurisdiction to regulate the appropriation and disposition of fluid oil and gas waste, including produced water. Voids as being against public policy an agreement, covenant or promise entered into on or after July 1, 2019 to the extent it (a) imposes throughput fees for transportation of the fluid or (b) requires fresh water to be purchased for oil and gas operations or otherwise limits an operator’s ability to use recycled or treated fluid waste in oil and gas operations.
Requires utilities, by no later than January 1, 2021 and no more frequently than every two years thereafter, to file an application to the PRC to expand transportation electrification.
Requires the Public Education Department and Children, Youth and Families Department to develop a system, usable by both, to track children moving between schools and CYFD services. Requires expertise of the Department of Information Technology. Clarifies that the Student ID number assigned to each student must be unique.
Creates a new law, the Criminal Record Expungement Act. Effective January 1, 2020, this act provides that a person may petition the district court for an expungement of arrest records and public records in the case of identity theft, wrongful arrest, indictment or charge upon dismissal without conviction or upon completion of one’s sentence and payment of one’s fines.
Creates the Restricted Housing Act to regulate the use of restricted housing in correctional facilities, including county jails, prisons or other detention facilities. Applies to public correctional facilities and those operated by a private contractor on behalf of the state or a political subdivision.
Regarding the Efficient Use of Energy Act, adds to the legislative findings, direction in determining life-cycle costs, a process for a petition for removing regulatory disincentives, increases energy efficiency requirements on electric service, requires the PRC to set minimum energy savings targets for electric utilities for 2026 through 2030 and increases cost recovery limits.
Amends the Teacher Loan for Service Act to target high-needs teacher positions, such as bilingual, early childhood and special education or positions for Native American teachers, and positions in high-poverty areas or low-performing schools, rather than high-risk placements based solely on low student achievement. Discontinues the Teacher Loan for Service program. Creates the College of Education Affordability Act and Fund, for education students in public and tribal colleges who do not qualify for other state aid.
House Bill 267 - Criminal Justice Reforms: Sentencing Commission, Arrest Records, Disclosure, Crime Reduction Grants
Increases the New Mexico Sentencing Commission from 24 to 27 members by adding a representative from the Behavioral Health Services Division of the Human Services Department, a public member appointed by the minority floor leader of the Senate, and a public member appointed by the minority floor leader of the House of Representatives. Provides that the two district court judges shall be appointed by the District and Metropolitan Judges Association. Replaces the member from the Court of Appeals with a magistrate judge appointed by the Chief Justice of the Supreme Court.
Permits a person who holds a Level One or alternative Level One license to receive a Level Two license on successful completion of at least three but no more than five years, or on grant of reciprocity by the Public Education Department.
Amends the Abuse and Neglect Act to prohibit a report of child abuse based solely on a finding that a pregnant woman is using drugs; requires referral to services for a plan of safe care for drug-exposed infants; adds sections to the Children’s Code and the Public Assistance Act concerning plans of safe care.
Amends the New Mexico Bank Installment Loan Act of 1959 and the New Mexico Small Loan Act of 1995 to clarify some existing provisions and adds a series of new requirements regarding the making of precomputed loan transactions and reporting to the Financial Institutions Division.
Allows retired peace officers and contract security personnel to be armed on school premises.
Amends the Regional Education Cooperative (REC) Act to establish criteria for funding technical assistance and professional development for teachers and educational and support staff who teach or interact with culturally or linguistically diverse student populations. Appropriates funds to the Public Education Department for use in FY 2020 for Regional Education Cooperatives to provide or contract for technical assistance and professional development (does not specify culture or language diversity) for their members and other school districts or charter schools, as requested.
Limits cost sharing charged by insurance providers for physical rehabilitation services.
Proposes that New Mexico become a party to an agreement among states to elect the President by National Popular Vote. The agreement takes effect when states (includes the District of Columbia) cumulatively possessing a majority of the electoral votes have enacted the agreement in substantially the same form and the enactments by such states have taken effect in each state.
Amends the Community School Act to create a Community School Framework and employment of a Community School Coordinator; includes early childhood services and voluntary public PreK in community school purposes; requires a lead partner agency; requires creation of a Coalition for Community Schools; creates a Community Schools Fund administered by the Public Education Department.
Requires annual school education plans and performance-based budgeting; imposes a statewide charter school enrollment cap; makes K-5 Plus an ongoing formula-funded program; creates a Public Education Reform Fund; increases teacher and principal minimum salaries; and caps age eligibility for public school students at age 21, among other things.
Requires annual school education plans and performance-based budgeting; imposes a statewide charter school enrollment cap; makes K-5 Plus an ongoing formula-funded program; creates a Public Education Reform Fund; increases teacher and principal minimum salaries; and caps age eligibility for public school students at age 21, among other things.
Amends the Public School Code to require the Public Education Department to consult with tribal leaders, members, and families of students when considering opening or closing a school on tribal lands.
Provides that a surviving spouse or domestic partner be considered the beneficiary if a deceased member of the Educational Retirement Act plan has not otherwise designated a beneficiary.
Deletes the deduction for selling chemicals or reagents in carload lots from the gross receipts deduction at Section 7-9-65. Leaves intact the deduction for selling those same items to mining, milling or oil companies.
Requires the State Game Commission to return the land and buildings of the Mesilla Valley Bosque State Park, quitclaimed to it by the State Land Commissioner, to the State Parks Division of the Energy, Minerals and Natural Resources Department; describes the property by metes and bounds; and appropriates funds to the State Parks Division for FY 2020 to reestablish and operate the state park.
Allows the State Treasurer and county and municipal treasurers more options for investing funds under their control.
Creates the Acequia and Community Ditch Infrastructure Fund to be administered by the Interstate Stream Commission and funded by an annual distribution from the New Mexico Irrigation Works Construction Fund.
Proposes to extend the sunset dates of the Board of Nursing Home Administrators; the Board of Barbers and Cosmetologists; the Board of Landscape Architects; the Coal Mining Commission; and the Water Quality Control Commission.
Renames all driver’s licenses, permits and driving authorization cards as driver’s licenses or licenses. Repeals the fingerprint requirement for non-REAL ID licenses and identification cards. Requires non-REAL ID driver’s licenses or ID cards to be accepted by all state and local agencies and public accommodation on the same basis as REAL ID cards. Changes most license expiration dates to the anniversary of the effective date, not 30 days from the applicant’s birthday. Provides that notice of license revocation based on blood or breath alcohol tests must also include notice of the right to a hearing.
Declares October 30 of each year a public holiday known as Rudolfo Anaya I Love to Read Day in recognition of his many contributions to the culture and literature of New Mexico.
Provides for either a constitutional amendment to create an endowment to support the preservation, development and establishment of rural libraries in New Mexico or alternative provisions for that purpose, creates the Rural Libraries Endowment Fund, Program Fund and Grant Program.
Amends the Funeral Services Act to add definitions for embalmer and funeral arranger; requires licensure and establishes requirements for licensure; makes technical and conforming changes.
Provides greater access to colleges, universities and technical and vocational institutes for foster children by simplifying the qualifying requirements to obtain waivers for tuition and fees at the state’s educational institutions.
Amends the Motor Vehicle Code to require the issuance of a special registration plate in support of pollinator protection; imposes fees for issuance and renewal of the special plate; appropriates the revenue from the fees to manufacture the special plate and to fund pollinator protection activities.
Adds a section to permit only veterans’ or fraternal organizations that are bingo licensees to operate pull-tab machines when the organization is not concurrently operating a bingo occasion. The licensee must designate a bingo manager; the manager in turn must designate a game accountant to be responsible for preparation of required quarterly reports. Neither the manager nor accountant may be an owner or co-owner of the premises or an officer, director or stockholder owning more than ten percent of stock or the corporation.
Authorizes the Secretary of State to permit, without adopting a rule, electronic filing of documents, including original documents, and accept for filing a document by electronic filing containing a signature, however made.
Amends existing law relating to for-profit and nonprofit corporations, foreign corporations, and business entities regarding dissolution or cancellation of registration.
Amends emergency drill requirements for public and private schools to require four drills each school year, of which two shall be shelter-in-place drills that include preparation to respond to an active shooter and two shall be evacuation drills.
Modernizes and otherwise make more readable the language of Tax Administration Act and Administrative Hearings Office Act provisions regarding protests of taxes, claims for refund and hearings. Contains some substantive changes as well. Effective 90 days after end of session.
Amends the Behavioral Health Capitol Funding Act by redefining “eligible entity” in two ways.
Amends the Primary Care Capital Funding Act to make county- or municipality-owned primary care clinics in rural or underserved areas eligible for primary care capital funding; permits the New Mexico Finance Authority to recover from the Primary Care Capital Fund the costs of administering the fund and originating loans up to an amount equal to ten percent of original loan amounts.
Amends the Motor Vehicle Code to reinstate the Department of Transportation’s and county commissioners’ duty to maintain fencing, cattle guards and livestock warning signs on public highways.
Permits evidence in print or accessible through a portable electronic device as acceptable proof of financial responsibility under the Mandatory Financial Responsibility Act.
A structural and functional government reorganization bill that transfers authority over certain procurement functions from the Department of Finance and Administration to the General Services Department related to professional services contracts, small purchases under $60,000, sole-source contracts, and emergency procurements. DFA’s Financial Control Division is assigned the duty to collect and maintain contract information regarding in-state and out-of-state contract awards. Where protests are made to sole-source contract, the award shall be reconsidered.
Permits food gardens at senior centers and directs the Aging and Long-Term Services Department to adopt rules addressing food safety and good agricultural practices for the gardens.
Adds land grants-mercedes to the entities that can demonstrate financial hardship for which the DOT’s Local Governments Road Fund may purchase automotive, major road and miscellaneous equipment that would otherwise be sold at auction.
Establishes a Fostering Connections Program under the Children’s Code to provide support and services for eligible youth between 18 and 21 years of age to assist in the transition from foster care to independent adulthood; appropriates $1.741 million (GF) for use in FY 2020 to the Children, Youth and Families Department to implement the program.
Creates the New Mexico Outdoor Recreation Division, with a director appointed by the Governor, in the Economic Development Department. Creates the Outdoor Recreation Advisory Committee administratively attached to the division. Creates the Special Projects and Outdoor Recreation Infrastructure Fund. Creates the Outdoor Equity Grant Program and Fund and makes a non-reverting appropriation to the fund for grant-making by the New Mexico Youth Conservation Corps Commission.
A section of law related to museums is amended to add Los Luceros to the list of New Mexico historic sites and is placed under the administrative management of the State Historic Sites and Monuments Division within the Cultural Affairs Department.
Amends requirements for graduation with the New Mexico diploma of excellence to allow certain career and technical education courses to qualify as required units.
Directs state agencies, including OSE, ISC, NMED, and Game & Fish, as convened by the Bureau of Geology and Mineral Resources, to identify key water data toward water management and planning. These agencies will work to develop a modern, integrated water data platform and set data standards. This legislation also requires compliance with water data standards for all water research undertaken with state funding. A fund is established at New Mexico Tech that can recieved appropriations, gifts, grants or donations for the purposes of the Water Data Act.
Transfers oversight of the New Mexico State Veterans’ Home to the Department of Health from the Veterans’ Services Department.
Prohibits recovery or repair vehicles from displaying flashing lights unless they are stopped on a roadway.
Provides that the procedures and standards of the Nationwide Multistate Licensing System and Registry may be applied to applications for licenses pursuant to the Motor Vehicle Sales Finance Act and the Collection Agency Regulatory Act; sets original and renewal license fees and requirements and changes renewal dates under the Collection Agency Regulator Act.
Amends the Social Work Practice Act to clarify licensure requirements, allow for telesupervision and telehealth, provide for electronic examinations, and clarify conflict of interest for Board of Social Work Examiners members.
Changes to whom the New Mexico Horse Breeders’ Association pays merit and incentive award money, from the owner of the dam of the horse to the breeder of record as recorded by the New Mexico Horse Breeders’ Association. Requires horse owners to be members of the Association to qualify for awards.
Creates the Graduate Medical Education Grant Program Act and Fund, administered by the Human Services Department, to which is appropriated $5.0 million (GF nonreverting) to create and expand physician residency programs. Creates the Graduate Medical Education Expansion Review Board, appointed by HSD, to develop a state strategic plan to expand graduate medical education and to review awards from the fund.
For the 2020 and subsequent property tax years, increases the income limit for qualifying persons aged 65 or older or disabled to $50,000 per year for purposes of freezing property valuation, an amount which is indexed for inflation in following years.
Requires public post-secondary institutions to accept a score of three or higher on Advanced Placement exams; requires the Higher Education Department to report institutional AP policies to the Legislature and the Governor.
Conforms provisions of the General Fund Tax Stabilization Reserve to those used typically for other funds in terms of sources of monies directed or appropriated to it by law plus income from investments. The investment officer, subject to approval of the State Investment Council, invests money in the fund in accordance with the prudent investor rule and in consultation with the State Treasurer.
Authorizes the Children, Youth and Families Department to establish a Multilevel Response System and assign cases to the program if CYFD determines after an evaluation that there is no immediate concern for the child’s safety. Requires CYFD to establish a Multilevel Response System to provide services to any child or family about whom a report alleging neglect or abuse has been made.
Directs the Human Services Department to provide for automatic enrollment into Medicare Part B coverage of certain individuals.
Relates to the maintenance and training in the use of gaming machines.
Calls for establishing statewide nonprofit children’s advocacy centers and multidisciplinary child abuse response teams to investigate child abuse and neglect cases in neutral, child-friendly settings.
For forfeitures under local law, requires conviction by a criminal court of a felony offense and clear and convincing evidence that the property is subject to forfeiture. Generally makes explicit that forfeitures under local law must follow the same rules as forfeitures under state law.
Requires that foster parents and children in the custody of foster parents shall be provided free admission to state-owned museums and state parks.
Amends the Rural Electric Cooperative Act, providing that the bylaws of a Rural Electric Cooperative may allow for ballots submitted by mail or proxy to be considered in establishing a quorum for the sole purpose of voting on an issue or question, the language of which is stated exactly in the notices and on the ballots provided to all members.
Where an original instrument of writing is unavailable for filing and recording, a copy of it will be accepted for filing and recording if a valid affidavit is presented.
Establishes parity between nursing professionals and physicians to admit and discharge patients to and from health facilities.
Dramatically reduces areas where smoking, including use of e-cigarettes, are permitted.
Authorizes the New Mexico Finance Authority to make the 192 loans listed below, all in excess of $1 million each, for public projects from the Public Project Revolving Fund.
Allots funds for the Department of Agriculture to administer the Healthy Soil Program to (1) award grants to eligible entities for technical assistance to producers and land managers to advance soil health principles and supported methods, and (2) develop a user-friendly grant program and criteria for equitably awarding grants. May give priority to entities serving young producers, veterans, small farms or ranches or projects that benefit economically or socially disadvantaged communities.
Amends the Children’s Code and the Delinquency Act, if a case concerns an Indian child, to require notice to Native American tribes, nations or pueblos in cases involving services to families in need of court-ordered services or filings of delinquency petitions. The notice must comply with requirements of the federal Indian Child Welfare Act of 1978.
Amends the Senior Citizen Reduced Tuition Act to raise the number of credit hours for which a person may enroll from six to ten per semester, at the reduced rate of $5 per credit hour.
Renames the public holiday on the second Monday in October as Indigenous People’s Day.
A reorganization bill that places the administration of the Manufactured Housing Act under the Director of the Manufactured Housing Division.
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.
Directs the Department of Public Safety, as soon as it is practicable, to share certain information regarding missing persons with the National Missing and Unidentified Persons System of the federal Department of Justice, including all information in the missing persons information clearing house or received by DPS pursuant to the Missing Persons Information and Reporting Act. Names this requirement as the “Mark Daniel Aguilar Information Sharing Requirement.”
Amends the Health Care Purchasing Act, New Mexico Insurance Code, Health Maintenance Organization Law, Nonprofit Health Care Plan Law and Public Assistance Act to prohibit age and dollar limits on services related to autism spectrum disorder.
Amends the Occupational Disease Disablement Law, as it relates to firefighters, to include posttraumatic stress disorder and mental health disorder among the diseases presumed to be proximately caused by employment as a firefighter.
Requires public notice and meetings prior to specified transactions involving State Trust Lands. Directs the Commissioner of Public Lands to publish notice of and hold a public meeting to receive comment.
Sets up a program regulating the manufacturing of hemp, intermediate hemp-derived products and hemp finished products.
Increases minimum wage after October 1, 2019 to $9.25 per hour and after April 1, 2020 to $10 per hour; increases minimum wage for tipped employees after October 1, 2019 to $2.38 per hour and after April 1, 2020 to $3 per hour; sets a separate minimum wage of $8.50 per hour after October 1, 2019, for students regularly enrolled in secondary school working after school or when school is not in session (unless they are tipped employees).
Broadens the rulemaking authority of the State Game Commission to prescribe rules that embody the principles of fair chase.
Amends the Pharmacy Act to authorize the Pharmacy Board to issue additional classes of pharmacy licenses; adds definitions describing the business of the new licensees, requiring them to pay a registration fee, and providing new grounds for adverse actions by the board on licensees.
Appropriates $500,000 (GF) to the Department of Game and Fish for use in FYs 2020 and 2021 to develop the Wildlife Corridors Action Plan with the Department of Transportation; establishes the Wildlife Corridors Act.
Amends the Human Rights Act to add sexual orientation and gender identity to the protected classes against which all employers, regardless of number of employees, are prohibited from discriminating unless based on a bona fide occupational qualification or other statutory prohibition.
Adds Armed Forces Air Medal recipients to the list of veterans entitled to a special license plate.
Requires counseling of patients by health care providers on the risks of overdose and about opioid overdose reversal medication. Amends the Pain Relief Act to provide definitions for “opioid analgesic” and “opioid antagonist.”
Makes all new construction or renovation projects on state-owned land or land held in trust by the state, regardless of funding source, subject to municipal and local government oversight pursuant to the Historic District and Landmark Act.
Requires the Secretary of Human Services to adopt rules to allow licensed substance abuse associates to be reimbursed for services rendered to Medical Assistance recipients within their scope of practice.
Establishes the Interagency Pharmaceuticals Purchasing Council to study cost-containment strategies to consolidate the purchase of pharmaceuticals or pharmacy benefit purchasing by state and local government “constituent agency” participants, appropriates $400,000 (GF) for use in FY 2020 to the General Services Department to staff the council and for professional services.
Exempts auctioneers working under the control of a qualifying real estate broker by means of an express written agreement from licensure, provided that the auctioneer who is not a broker may only receive a fee for services performed in the auction and not a commission.
Makes changes to the Vital Records statute, to make it less complicated and arduous to change sex designation on birth certificates.
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.
Amends the Bone Marrow and Organ Donor Act to permit physicians to inquire if new patients are registered with the Bone Marrow Registry and to provide information about it if they are not; and requiring the educational materials disseminated by Department of Health about the registry to include certain information.
Requires the Secretary of the Human Services Department to have background checks conducted on department employees, prospective department employees, contractors, and subcontractors that have or will have access to federal tax information.
Provides authority for a county to impose a solar energy improvement special assessment that will be effective within an incorporated municipality, provided the municipality adopts a resolution approving the application of the county ordinance.
Requires single-user toilet facilities in public accommodations to be made available to any person regardless of gender identify or sex, designated for use by no more than one occupant at a time or for family or assisted use, and identified with gender-neutral signage.
Establishes a lien on a judgment debtor’s property when a money judgment is rendered in a magistrate or district court as a result of a civil action to collect an assessment on an acequia or community ditch.
Revises the Dental Health Care Act and related statutes to provide for the licensing, regulation, supervision, scope of practice, and allowable practice environments of dental therapy, a new category of dental health care service. Establishes qualifications for director of the Office of Oral Health in the Department of Health. Requires public school students to obtain or opt out of dental examinations prior to annual school enrollment. Provides for reimbursement of dental therapy under the Public Assistance Act and the Nonprofit Health Care Plan Law. Requires a study and report.
Creates a Missing and Murdered Indigenous Women Task Force, consisting of the Secretaries of Indian Affairs and of Public Safety (or their designees), a representative of the United States Bureau of Indian Affairs (designated by the Southwest Region’s deputy regional director for Indian Services) and one member each of a pueblo, the Jicarilla Apache Nation, the Mescalero Apache Tribe, and the Navajo Nation (each such member to be appointed by the governor). Appropriates $100,000 to Indian Affairs Department.
The Construction Industries Division (Regulation and Licensing Department) is charged with developing and adopting rules, by January 1, 2020, to require that baby changing facilities be equally available in restrooms for men and women in places of public accommodation. Authorizes a fine up to $250.
Amends the Tort Claims Act to exclude from the waiver of governmental immunity any irrigation and conservancy district that authorizes all or part of its property to be used as a roadway by the general public.
Amends the Liquor Control Act to allow minors who are licensed under the N.M. Commercial Driver’s License Act to deliver packaged alcoholic beverages. Requires that the items delivered by the minor be in sealed, unbroken packages, including containers such as bottles, cans and kegs. The person under age 21 is not allowed to sample alcoholic beverages to accounts.
Adds a new section to the Criminal Code, Sexual Offense section, creating a sexual assault survivor’s bill of rights; requires processing of a sexual assault examination kit within 60 days.
Amends the Delinquency Act specifically to exclude prostitution as a delinquent act, and amends the Family In Need of Court-ordered Services Act to connect human trafficking victims to services.
Requires the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Board to adopt ethics rules requiring purchasers be informed of options that provide a direct connection between hearing aids and assistive listening systems.
Substantially revises the tax credits for film production by splitting the existing film production tax credit into a credit applying to productions whose principal photography begins on or after July 1, 2019 and a credit for those beginning before then, bumping the maximum amount that may be authorized for a single fiscal year at $110 million (up from $50 million), barring certification of any film production company’s budget if total aggregate claims would run $100 million over the annual limit and creates new five percent credits for productions filmed at least 60 miles outside Bernalillo County and in qualified production facilities.
Creates a State Ethics Commission, a seven-member appointive body charged with hiring an Executive Director to manage an independent agency within the executive branch to oversee the education, prevention and investigation of unethical conflict of interest and impropriety of public officers, employees, lobbyists, lobbyist employers, and government contractors with state agencies, public schools and charter schools.
Amends the School Personnel Act to allow reciprocity for candidates for Level Three-B administrator licensure who have a school administrator license from another state and have worked as a school administrator in good standing for at least six years, even if they do not meet other requirements and qualifications for that license.
Establishes the misdemeanor crime of driving while intoxicated with a minor in the vehicle.
Creates eligibility requirements for members of the Museum of Space History Commission.
Authorizes the Board of Regents of Northern New Mexico College to partner with area school districts to administer a branch community college to provide vocational and technical education; however NNMC vocational technical courses transferred to the branch college are not eligible for land grant permanent funding.
Authorizes the N.M. Finance Authority to make loans or grants from the Water Project Fund for the 30 water projects listed below.
Technical amendments to the Uniform Money Services Act so that references to the Act’s provisions reflect the appropriate section of the New Mexico Statutes Annotated.
Changes the membership of the Compilation Commission and amends its mandate to include providing free online access to statutory and legal publications. Provides for publication of print versions of publications by licensing agreements. Requires the Attorney General to provide all opinions and advisory letters to the Commission. Eliminates the State Records Administrator as a Commission member.
Permits the court to consider a person’s pregnancy or lactation status when determining whether the inmate is eligible for release or bond and in the computation of good time credit. A presumption shall be made in favor of release for a person who is pregnant or lactating and the person released will be placed on least restrictive means necessary.
Removes restrictions on the pledging of gross receipts tax revenue to refund various types of municipal bonds and explicitly provides that a municipality may pledge revenues from one source to the payment of bonds that refund bonds payable from a different source of revenue.
Requires correctional facilities to develop and implement policies for incarcerated lactating individuals.
Appropriates $2.5 million (non-reverting) from the Public Project Revolving Fund to the Drinking Water State Revolving Loan Fund for use in FY 2020 and subsequent fiscal years to provide state matching funds for federal Safe Drinking Water Act of 1974 projects and to fulfill purposes of the Drinking Water State Revolving Loan Fund Act.
Extends the time period for requiring statewide Economic Development Finance Act standard projects to be approved by law.
Establishes a Physician Excellence Fund and authorizes the Higher Education Department to apply appropriated funds for health professional loan repayment to assist licensed allopathic and osteopathic primary care physicians trained in family medicine, general internal medicine, obstetrics, gynecology or general pediatrics, and who practice in designated underserved areas.
House Bill 505 - Regional Housing Authority Changes
Changes the required county of origin for Regional Housing Authority Board of Commissioners; removes the State Board of Finance from the creation of nonprofit corporations under the Regional Housing Law; clarifies ownership of property by regional housing authorities.
Amends the Insurance Code to prohibit certain increases in premiums for residential property insurance without notice; provides for appeal of an increase and reimbursement of premiums.
Amends the Hazardous Duty Officers’ Employer-Employee Relations Act to clarify that statements by an officer during an investigative interview, compelled under threat of dismissal or other sanction, shall not be released except upon a court order. Requires officers to be advised of their legal rights prior to an investigative interview.
Appropriates $150,000 (GF, nonreverting) to the State Fair Commission for use in FY 2020 and subsequent years for the operation and maintenance of the African American Performing Arts Center and Exhibit Hall at the State Fairgrounds. Creates a five-member advisory committee, administratively attached to the State Fair Commission, to advise on staffing, operations, maintenance, programming and exhibitions of the center and exhibit hall.
Amends the Election Code to allow for same day voter registration for a qualified elector at early voting locations in statewide and special elections and providing procedures; to provide for automatic updating of voter registration information during in-person transactions at the Motor Vehicle Division to apply for or renew a driver’s license or ID card; to require every Human Services Department program beneficiary be offered the opportunity to register; and to allow voluntary update of voter registration address based on information provided to the Taxation and Revenue Department.
Requires the Public Regulation Commission to mandate inspection of fire and smoke dampers and fire control systems.
Permits employers and labor organizations in New Mexico to require membership in a labor organization as a condition of employment and grants the state exclusive jurisdiction to prohibit requiring such membership.
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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