The 2019 Legislative session is in full swing with hundreds of bills and other actions being introduced. The last day for introduction of legislation is February 14th.
Below is a list of bills we have identified as our watchlist. We will keep you posted on developing action.
HB433: Home Inspector Licensing Act
- Introduced on January 31, 2019 by Representative Alonzo Baldonado and others.
- Bill has been referred to House Commerce and Economic Development Committee and House State Government, Elections and Indian Affairs Committee. No hearing has been scheduled yet.
SB150: Homeowners Association Act Amendments
- Caps fees on disclosure documents to $300 statewide. Mandates disclosure by HOA of all fees charged to homeowner for transfer of property. Makes other amendments to governance of HOA’s.
- Passed Senate 36-0. Passed House 57-10. Bill signed by the Governor.
SB120: Real Estate Auctioneer Licensure and Fees
- Senate Bill 120 amends the Real Estate License Law to add a new definition of “auctioneer” as a person who auctions or offers to auction real property. It amends the act to state the auctioneer working under the control of a qualifying broker does not need to be licensed as a real estate broker and can only receive a fee and not a commission.
- Referred to Senate Corporations and Transportation Committee and Senate Judiciary Committee. No hearings scheduled yet.
HB99: Fingerprints To Renew License Not Required
- House Bill 98 amends the Uniform Licensing Act to prohibit a professional or occupational board from requiring fingerprints for a license renewal if fingerprints were required for the initial application. A board could still require a background check for license renewal.
SB238: Require Bond To Protect Property Owner
- Senate Bill 238 authorizes the Real Estate Commission to adopt rules requiring real estate brokers providing residential property management services to file with the Commission a surety bond for no less than $100,000 to pay for any damages suffered by the property owner and tenants caused by mismanagement, misappropriation, deceit or embezzlement of an owner’s or tenant’s funds deposited in a property management trust account. The bill allows the commission to provide exceptions.
- In addition, the bill authorizes the Commission to solicit sealed, competitive proposals from bonding companies to provide a group professional bond program for residential property managers. Referred to Senate Corporations and Transportation Committee and Senate Judiciary Committee.
SB106: Short Term Occupancy Rentals Tax
- Senate Bill 106 removes an exemption from the local-option occupancy tax (3-38-13 et seq. NMSA 1978) for short-term rentals (less than 30 days) by a vendor that does not offer at least three rooms within or attached to a taxable premises for lodging or at least three other premises Senate Bill 106/aSCORC – Page 2 for lodging or a combination of these within the taxing jurisdiction.
- It appears the intent of this bill is to remove an unanticipated tax exemption for homeowners who rent rooms through third-party websites and applications, as well as to level the playing field between designated and compliant accommodations and somewhat less compliant accommodations.
- Passed Senate 36-5. Passed House 56-9. Bill signed by the Governor.