Advocacy In Action - March 1st

With 17 days to go in the session there is still time to move important legislation, if the bill is important to someone who can move it.  Much of the first three weeks of this session was consumed by solving serious budget challenges making it feel like a 30 day session with a full 60 day workload.  We will have to wait and see if things begin to clear up.

The HOA bills are in a good position to move.  HB374 will be a duplicate of SB244 and one or the other will move along to the floor unless Judiciary committees do not act on them.

The Home Inspector Licensing bill is set for a re-hearing with amendments on 3/1/17.

The Rooftop Solar bills, HB199/SB210 are duplicates and one or the other version should make the Governor’s desk

Changes to Tax Code Provisions – SB343

SB343 Introduced by Sen. Ron Griggs is an omnibus bill to overhaul the tax code in NM. We will watch this one closely as it does have a provision for a Real Estate Transfer Tax.

Updates

2/15/17 

Assigned to Sen. Corporations, no hearing scheduled yet

2/22/17 

 No hearings yet scheduled

3/1/17

 No change

Distributed Generation Consumer Protection – HB199/SB210


HB199 introduced by Representative Debbie Rodella - PROVIDING MINIMUM DISCLOSURES FOR THE LEASE OR SALE OF A DISTRIBUTED ENERGY GENERATION SYSTEM; (Rooftop Solar)

Updates

2/8/17 

Passed 8-0 House Business and Industry Committee, GAAR Supports

2/15/17 

Companion bill introduced in the Senate by Sen. Clemente Sanchez. Passed both Senate Corporations and Senate Judiciary, now on Senate floor.

2/22/17

Passed HBIC Scheduled for House Judiciary for 2/22/17

3/1/17

Duplicate versions have crossed chambers HB199 passed 56-6  SB210 Passed 34-7 and is now in House Business and Industries Committee

HOA Act – SB244/HB374

Senator Mimi Stewart introduced SB 244 Homeowner Association Dispute Resolution.  SB244 addresses some governance issues but also tries to “fix” the disclosure document pricing issue.  Some HOA management firms have been charging exceptionally high rates for the service while HOA members have nowhere else to go.  SB244 caps the rate at $400 and indexes the fee to inflation so it will always be going up.  We will be watching this bill and offering amendments to make sure it works for consumers.

Updates       

2/8/17 

No Hearing Scheduled as of this time, GAAR Opposes

Representative Youngblood will introduce a bill to cap fees with additional restrictions which GAAR will support

2/15/17 

Rep Youngblood introduced HB374, Disclosure Document Fee Cap. GAAR Supports. No hearing scheduled yet

SB244 – Senator Mimi Stewart’s HOA bill was tabled in Senate Public Affairs Committee.

2/22/17 

HB374 Rep. Monica Youngblood offered a Committee Substitute that tightens up the loopholes regarding additional/new or renamed fees. Passed HOUSE LOCAL GOVERNMENT, ELECTIONS, LAND GRANTS & CULTURAL AFFAIRS on 2/21/17

3/1/17 

SB244 was pulled off the table in Senate Public Affairs Committee and is waiting for a hearing in Senate Judiciary. HB374 is in House Judiciary

Home Inspector Licensing Act– HB362

Updates

2/8/17 

No bills have been introduced at this time. 

2/15/17 

HB362 Introduced by Rep. Alonzo Baldonado. GAAR Supports. No hearing scheduled yet

2/22/17 

HB362 still sits in House Business & Industries Committee No hearing scheduled yet.

3/1/17 

Bill was rolled over for amendments and is set for a re-hearing on 3/3 with amendments

Defective Building Materials – SB14

SB14 introduced by Senator Bill Payne of Albuquerque would change the statute of repose to essentially say that a builder would be liable indefinitely if he “knew or should have known” of the use of defective materials. (Kitec-realted bill)

Updates

2/8/17 

Bill is sitting in Senate Corporations & Transportation, Sponsor has no plans to hold a hearing at this time. 

3/1/17 

No Change

Real Estate Auctioneer License Exemptions – SB125

SB125 introduced by Senator Pat Woods of Broadview, NM will exempt an auctioneer working under the control of a licensee from the licensure requirements.

Updates

2/8/17 

Some amendments have been presented to the sponsor and he is considering them. There are Realtors who support and some who oppose. Passed Senate Corporations and Transportation unanimous

2/15/17 

Committee Substitute passed to Judiciary

2/22/17 

After lengthy hearing the bill was rolled over to the next meeting (2/22/17)  We expect it to move to the Senate Floor

3/1/17 

Passed Senate 36-3. Sent to House Consumer and Public Affairs Committee

Lodgers Tax (VRBO/AIRBNB) – HB266

HB263 would provide a mechanism to collect tax on short term rentals like AIRBNB and VRBO

Updates

2/15/17 

Passed House Business and Industry Committee unanimous

2/22/17 

Scheduled for hearing 2/22/17 House Taxation & Revenue

3/1/17;

Passed House 61-0

QB License Requirements – SB387

SB 387 would change the requirement that brokers be licensed for two years before qualifying to become a QB to four years. Also allows the commission to develop additional education requirements.

Updates          

2/15/17 

Bill introduced by Senator Jim White, no hearing scheduled yet. GAAR Supports.

2/22/17 

Bill still in Senate Corporations, No hearing scheduled.

3/1/17;

No Change

PACE Loans- SB215

SB215 CHANGING THE PRIORITY OF LIENS UNDER THE ACT.

Updates 

2/15/17

Passed Senate Conservation Committee, next stop Senate Corporations, GAAR Opposes.

2/22/17 

Bill tabled in Senate Corporations Committee

Rural Building Codes

HB205 will make it easier for small businesses to occupy vacant buildings in rural areas.

Updates 

2/15/17

passed House local govt, elections Now in House Judiciary

2/22/17 

Bill still in House Judiciary awaiting a hearing to be scheduled.

3/1/17 

Waiting for hearing in House Judiciary

Protection Against Financial Exploitation – HB146

This bill makes it a crime to exploit a vulnerable adult by misappropriating, misusing, transferring, or selling their property.

Updates

 2/22/17

Passed House Health and Human Services Committee and is pending before House Appropriations and Finance Committee

3/1/17

Waiting for hearing in House Judiciary

Tax Incentives to Attract Retirees to New Mexico – SJM26

A Joint Memorial requesting the Economic Development Dept. and the Taxation and Revenue Dept. to study the costs and benefits of various options for tax relief designed to attract retirees from other states to settle in New Mexico.

Updates

2/22/17

Bill is in Senate Rules Committee awaiting a hearing date.

3/1/17

Still in Senate Rules.

Construction Industries Private Inspectors – SB352

RELATING TO CONSTRUCTION INDUSTRIES; LICENSING PRIVATE INSPECTION COMPANIES; ALLOWING COMPANIES TO PROVIDE PRIVATE INSPECTORS FOR GOVERNMENTS AND FOR CONTRACTORS AND HOMEOWNERS

Updates

 2/22/17

Bill is in Senate Corporations Committee waiting to be scheduled

 3/1/17

No Change

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RANM and GAAR are tracking approximately 150 bills at this time.  We will do our best to keep you up to date on bills that affect YOUR business.  You can watch them too at https://www.nmlegis.gov/Legislation/Bill_Finder