2020 Signed Legislation
Creates the Wildlife Trafficking Act and authorizes all commissioned New Mexico law enforcement officers, including those from DGF and the State Parks Division of EMNRD, to enforce a new law making it a misdemeanor to knowingly sell or purchase any covered animal species or part or product of any species covered by Appendix 1 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Clarifies and cleans up provisions in Chapters 270 and 274 from the 2019 session (House Bill 6 and House Bill 479): providing greater definitiveness and coverage for gross receipts sourcing rules; (2) inserting a minimum local option gross receipts tax increment size; and (3) declaring the various local option gross receipts tax rates consolidated into either the municipal GRT or the county GRT to be increments of the municipal or county GRT.
Requires all types of health insurance plans sold in New Mexico to provide coverage for certain insured patients for a coronary artery (heart) calcium scan, used to predict the likelihood of myocardial infarction (heart attack).
Creates the Electric Generating Facility Economic District Act, allowing counties with a fossil fuel electric generating facility that is operating, retiring, or retired to form a district in which the governing authority can issue bonds for infrastructure within the district and pledge revenues for the repayment of those bonds.
Adds a new section of the Motor Vehicle Code to create a childhood cancer family support special registration plate to express support for families that have a child with cancer.
Amends section 7-27-5.15 NMSA 1978, increasing the percentage cap on New Mexico private equity and business investments from the existing 9 percent of the Severance Tax Permanent Fund (STPF) to a new 11 percent statutory limitation on the investment program.
Creates the Local and Regional Economic Development Support Fund and provides procedures for using money in the fund to support local and regional economic development projects.
Further clarifies the provisions of Laws 2019, Chapter 140 (HB429) which clarified, simplified and increased the ceiling for modified gross income in order to allow homeowners who are low income and either 65 or older or disabled to have their home property tax valuations frozen.
Allow local school boards to award a high school diploma to any honorably discharged veteran of the Vietnam whose entry to service prevented the graduation from a New Mexico high school.
Appropriates $3 million from the public education reform fund to PED for the purpose of implementing and maintaining a statewide online school financial reporting system by December 1, 2021.
Appropriates $2.5 million from the public project revolving fund (PPRF) to the drinking water state revolving loan fund (DWSRLF) to provide matching funds for the federal Safe Drinking Water Act and for the purposes of the Drinking Water State Revolving Loan Fund Act.
Creates a new spay and neuter program fee in the Commercial Feed Act to be collected by NMDA on each brand name of commercial feed distributed in New Mexico for pet consumption.
Authorizes the New Mexico Finance Authority (NMFA) to make loans or grants for 36 projects from the water project fund.
Adds a new section to statute with specific law enforcement certification and training requirements for law enforcement officers who serve as school resource officers (SRO) and makes amendments to the Law Enforcement Protection Fund (LEPF) Act.
Exempts local public bodies from the total amount limit on multiple source contracts for architectural and engineering services and requires state agencies and local public bodies to report the aggregate amount of contracts to be spent under each multiple source contract.
Enables funding to hire a program manager for the Outdoor Equity Grant (OEG) Fund and transfers administration of the OEG Fund and program from the Youth Conservation Corps Commission (YCCC) to the New Mexico Outdoor Recreation Division (ORD) of the Economic Development Department (EDD).
Makes changes to the Public School Capital Improvements Act altering the current formula for distributing capital improvements funding to school districts and adding a new distribution to all school districts tied to their district match rates under the Public School Capital Outlay Act.
Amends the Insurance Code relating to the appointment of a successor superintendent of Insurance.
Appropriates $1.8 million from the public project revolving loan fund (PPRF) administered by New Mexico Finance Authority (NMFA) to the wastewater facility construction loan fund, also known as the clean water state revolving loan fund (CWSRF) administered by the Environment Department (NMED) to provide state matching funds for federal Clean Water Act projects.
Enacts a new section of the Business Corporation Act that allows a for-profit business or professional corporation to elect to be designated a “benefit corporation.”
Amends the statutory provision creating the Eastern New Mexico Water Utility Authority to remove Curry County, the Village of Melrose, and the Village of Grady from membership in the Eastern New Mexico Water Utility Authority and reduces the number of members on the Authority’s board from seven to six.
Appropriates $2 million from the public project revolving loan fund (PPRF) to the local government planning fund (LGPF) to be administered by the New Mexico Finance Authority (NMFA) for the purpose of making grants to qualified entities to evaluate and estimate the most feasible costs or alternatives for infrastructure, water or wastewater public projects, water conservation plans, economic development plans or energy audits.
Requires all insurance programs to reimburse certified pharmacist clinicians and pharmacists certified to prescribe medications for providing medical services within the scope of their licenses at the same level as other covered providers such as physicians or physician assistants.
Authorizes the New Mexico Finance Authority (NMFA) to provide loans from the public project revolving fund (PPRF) to 12 separate state and local government entities based on terms and conditions established by NMFA.
Allows members of the Civil Air Patrol to use military leave for “official duties as assigned by the director of the civil air patrol of the department of military affairs or an incident commander of an active mission” instead of strictly for “search and rescue missions.”
Amends the Postsecondary Education Institution Act to add definitions and creates a new section providing for private post-secondary institution disclosure requirements.
Amends statutory provisions pertaining to the law enforcement protection fund and felony offenses involving firearms.
Creates a new section of law establishing that a person who is qualified for an occupational or professional license remains qualified regardless of citizenship or immigration status and prohibits the adoption of administrative rule or agency procedure that conflicts with the policy.
Clarifies provisions in and adds additional provisions to the Fostering Connections Act (FCA), passed in the 2019 session, to provide extended foster care for eligible adults between 18 to 21.
Amends the Kinship Guardianship Act to allow the Children, Youth and Families Department (CYFD) to provide financial subsidies to certain kinship guardians and expands eligibility.
Requires public schools to give students transferring between schools (due to a disruption during high school for homelessness, abuse or neglect, delinquency, or inpatient mental health treatment) credit for any work completed prior to the transfer, regardless of whether the transfer occurs at the end of a grading period.
Amends the New Mexico Human Rights Act to include pregnancy, childbirth or conditions related to pregnancy or childbirth as a basis for an unlawful discriminatory practice.
Amends the Public Works Minimum Wage Act (Act) to establish a penalty for contractors who violate the Public Works Minimum Wage Act by paying workers less than the appropriate prevailing wage or prevailing fringe benefit.
Updates New Mexico’s Public Employee Bargaining Act and provides a timeline to restructure and standardize the state’s system of over 50 local labor boards.
Repeals and replaces the Tobacco Products Act enacted in 2019 to add state licensure of in-state manufacturing, distribution or retail sale of tobacco products to the existing provisions on sales to minor and e-cigarettes and liquid nicotine containers. Raises the legal age for purchases of e-cigarette and other tobacco products from 18 to 21, aligning New Mexico law with recently passed federal law.
Broadens the New Mexico Health Insurance Exchange’s authority to dictate which plans are sold through the Exchange and how they are sold. Grants the Exchange the authority to decide, in coordination with the Office of Superintendent of Insurance, what health insurance plans offered on the Exchange should contain in terms of benefit design and consumer cost-sharing structures.
Appropriates $350 thousand from the general fund to the Department of Health for the purpose of setting up a program whereby the state would import prescription medications from Canada (and perhaps other countries) through a wholesaler or wholesalers for resale to New Mexico consumers.
Caps the out-of-pocket cost for insulin for insured diabetic patients at $25 per monthly prescription and requires the Office of the Superintendent of Insurance to convene an advisory group to study the cost of prescription drugs and methods to make them more available.
Provides for a transfer at the end of the fiscal year from the TSR to the operating reserve to assure that the operating reserve has funds of at least 1 percent of the aggregate general fund appropriations for the current fiscal year.
Changes definitions of the Keep America Beautiful system, and replaces it with the Keep America Beautiful program to end littering, improve recycling and beautify American communities.
Amends the Environmental Improvement Act to create the environmental health fund, which would receive fees collected from four NMED programs in the Environmental Health Bureau: liquid waste (septic systems), public water recreation facilities (public swimming pools and hot tubs), food service sanitation (restaurants and food manufacturers), and hemp manufacturing (labs extracting CBD).
Changes the name of the “Local Government Transportation Project Fund” (LGTPF) to “Transportation Project Fund” (TPF) and amends the LGPTF to include a “tribe,” defined as “an Indian nation, tribe or pueblo located wholly or partially in New Mexico,” as an eligible grant recipient under the fund.
Changes the sunset date of the distribution of 0.046 percent of general fund gross receipts revenue tax to the state aviation fund to June 30, 2031.
Extends the sunset date for the deduction from gross receipts for certain businesses on the first Saturday after Thanksgiving from prior to July 1, 2020 to prior to July 1, 2025.
Transfers the review, approval and the reporting related to the angel investment tax credit from the Economic Development Department (EDD) to the Taxation and Revenue Department (TRD).
Amends the Public Accountancy Act to require its licensing board to administer its examination for certification as a public accountant on a continuous basis via a computer-based test, rather than four times a year at a specific location.
Provides scholarships to level 2 or level 3-A teachers in New Mexico public schools seeking National Board certification, with an accompanying appropriation in the budget, and requires PED to provide an annual report evaluating the performance of scholarship recipients and establishes a National Board certification scholarship fund.
Creates a teacher residency fund, with an accompanying appropriation in the budget, for the purpose of establishing New Mexico teacher residency programs at public post-secondary educational institutions and tribal colleges.
Creates a beginning teacher mentorship fund (BTMF), with an accompanying appropriation in the budget, and amends the statute on teacher mentorship for beginning teachers.
Increases the at-risk index factor from 0.25 to 0.30 in the public school funding formula, with an accompanying appropriation in the budget.
Creates the Technology Readiness Gross Receipts Tax Credit and the Technology Readiness Gross Receipts Tax Credit Fund, along with a one-time $9.5 million diversion of gross receipts tax revenue to the created fund for the administration of the credit.
Extends the amount of time for public land leases from 25 years to 40 years and adds economic development to the list of permitted uses.
Extends the Agricultural Biomass Income Tax and Corporate Income Tax Credit for ten years to January 1, 2030 and adds reporting requirements for both the taxpayer receiving the credit and the Taxation and Revenue Department (TRD).
Makes clarifications and changes to the exemptions from and uses of the Lodger’s Tax.
Extends the existing gross receipts tax deduction from the sale or rental of durable medical equipment and medical supplies until July 1, 2030.
Makes an amendment to the Efficient Use of Energy Act (EUEA) concerning a rate adjustment mechanism which results in utility recovery of commission-approved revenue per customer without regard to the quantity of energy actually sold by the public utility, expanding the type of energy sold to both electricity and natural gas.
Bars employers throughout the state from requiring an employee to sign a nondisclosure provision in a settlement agreement (NDA) relating to a claim of sexual harassment or sexual assault in the workplace. Bars employers from preventing an employee from disclosing such a claim.
Expands the definition of “assisted outpatient treatment” to include comprehensive community support services (CCSS) and intensive outpatient program (IOP) services.
Amends the tax data confidentiality statute to broaden the list of tax information TRD may legally share data with other state agencies to allow and assist the joint administration of certain tax programs.
Creates the Cultural Affairs Facilities Infrastructure Fund and permits the fund to receive transfers from the Public Project Revolving Loan Fund (PPRF).
Makes several amendments to the Electronic Communications Privacy Act (“ECPA”), enacted in 2019.
Enables funding for the purpose of creating 5 additional judgeships, to be appointed by the governor.
Amends the Motor Vehicle Code to allow for applications for registration and certificate of car title to be signed by the owner electronically.
Provides for monthly distributions to the magistrate retirement fund and judicial retirement fund and suspends the current monthly distribution to the legislative retirement fund.
Provides additional transparency for records maintained by the Risk Management Division (RMD) of the General Services Department (GSD) related to damage claims against a governmental entity, public officer or public employee.
Directs the Energy, Minerals, and Natural Resources Department (EMNRD) to develop a strategic plan for energy grid modernization and to establish a competitive grant program to support implementation of eligible grid modernization projects, to be supported by a new grid modernization grant fund, which will consist of appropriations, gifts, grants, and donations. Adds a new section to the Public Utility Act (PUA) allowing Investor Owned Utilities (IOUs) to submit applications to the Public Regulation Commission (PRC) for review and approval of investments into grid modernization projects. For PRC approved grid modernization projects, the bill enables IOUs to recover reasonable project costs through an approved tariff rider or change in base rates.
Amends the Industrial Revenue Bond Act and the County Industrial Revenue Bond Act to include electric transmission facilities as eligible projects.
Provides a personal income tax credit of 10 percent of the cost of equipment and installation of residential, business (commercial or industrial) or agricultural solar thermal system or a solar photovoltaic system, with a $6,000 cap per taxpayer per year.
Eliminates copays for reduced-price school meals, with an accompanying appropriation in the budget.
Provides an immediate $55 million cash infusion for the Public Employee Retirement Association (PERA) to begin reducing its $6.6 billion unfunded liability and put New Mexico’s pension system on a path to solvency, requires increased contributions from current employees and employers and amends, over time, the COLAs retirees receive.
Amends the Educational Retirement Act (ERA) to remove provisions a) requiring nonrefundable employee and employer contributions for retirees who return to work at 0.25 FTE or less and b) requiring employee contributions be made by Public Employees Retirement Association (PERA) retirees who return to work for an ERB-covered employer. Allows retired members to return to work without suspending pension payments so long as the retiree has not worked for or contracted with a school for at least 90 days prior to returning to work and the retiree will earn an annual salary less than $15 thousand.
Removes the State Fire Marshal Division from the Public Regulation Commission (PRC) and places it within the Homeland Security and Emergency Management Department (DHSEM), makes the Fire Marshal an at-will position appointed by the Secretary of Homeland Security, amends the Election Code to remove PRC commissioners as elected officials and amends the Public Regulation Commission Act to create the public regulation commission nominating committee.
Creates the Kiki Saavedra Senior Dignity Fund, to be administered by the Aging and Long-Term Services Department, to address high priority services for senior citizens and adults with disabilities in New Mexico including transportation, food insecurity, physical and behavioral health, case management and caregiving.
Creates the “New Mexico Work and Save Act,” allowing for a voluntary savings program for private sector and nonprofit employees, as well as for self-employed individuals, through a retirement savings plan purchased through a web-based marketplace established and maintained by the “New Mexico Work and Save Board.”
Amends existing law to fast-track the transfer of professional and occupational licenses for service members, their families and recent veterans who relocate to New Mexico. Also waives licensing fees for the first three years for those applicable.
Creates the Extreme Risk Firearm Protection Order Act, providing for a new civil process in which a law enforcement officer can petition the appropriate district court for an extreme risk firearm protective order against a respondent who poses a significant danger of causing imminent personal injury to self or others by having custody or control of or purchasing, possessing or receiving a firearm.
Restores the definition of “qualified patient” (i.e. a person who is able to consume medical marijuana) in the Lynn and Erin Compassionate Use Act (LECUA) to what it was prior to 2019 amendment, which requires the patient be a resident of New Mexico.
Creates the Early Childhood Trust Fund with an initial $320 million appropriation (included in the budget) to fund early childhood education and care services and programs administered by the Early Childhood Education and Care Department.
Appropriates $8 million from the general fund to the Department of Finance and Administration in FY20 to achieve a statewide complete count in the federal 2020 Census.
2019 Signed Legislation
House Bill 267 - Criminal Justice Reforms: Sentencing Commission, Arrest Records, Disclosure, Crime Reduction Grants
House Bill 505 - Regional Housing Authority Changes
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