HB206 – THE ENVIRONMENTAL REVIEW ACT – OPPOSED BY NMAR (sponsored by Rep. Gail Chasey and Sen. Mimi Stewart)
This controversial bill has major opposition from numerous business groups, including oil and gas and local governments. The bill included a $1.5 million appropriation and wo9uld have required the state to perform an environmental analysis for projects seeking state funding. The bill was considered burdensome, overreaching, and a duplication of efforts. The bill appears to be stalled as it has passed in only one of three committees. The House Energy, Environment & Natural Resources Committee passed it over a month ago, but in a rare move, added, “without recommendation”. The bill is pending in the House State Government, Elections and Indian Affairs Committee, but has not been scheduled.
HB286 – PUBLIC-PRIVATE PARTNERSHIPS ACT – SUPPORTED BY NMAR (Sponsored by Rep. Patricia Lundstrom)
This bill also seems to be going nowhere. It was introduced on January 21 and has not been heard in committee. The bill would have allowed state and local governments to enter into partnerships with private sector entities to facilitate capital projects like road construction.
HB 597 – CRIMINAL DAMAGE TO PROPERTY BY STEALING REGULATION PROPERTY – (DETERRANT TO COPPER THEFT – Sponsored by Rep. Bash) SUPPORED BY NMAR
This bill would create a third-degree felony for damaging the real or personal property of another in the commission of stealing regulated property (copper wire) when the cost of repair is more than $3,000.
This bill passed 3-2 in the House Consumer & Public Affairs Committee but has not been heard in House Judiciary or House Appropriations. This is one of those bills that will likely take more
than one session to move forward.
SB563 – UNIFORM OWNER-RESIDENT RELATIONS ACT CHANGES – SUPPORTED BY NMAR (sponsored by Senator Ivey-Soto)
This bill was heard last year but failed to advance. Bill was initiated by the New Mexico Apartment Association who had issues with evicted tenants who were able to return to their apartments.
It enjoins a defendant and other occupants from entering premises without the onwer’s permission for 180 days following the execution of a writ of restitution. The owner must make personal property of the defendant left in the dwelling unit available for three days following the execution of the writ.
PAST NMAR SUCCESSES
THE COMMERCIAL REAL ESTATE BROKER LIEN ACT
Passed in 2014, the bill permits a broker to place a lien upon commercial real estate in the amount the broker is due for licensed services connected with the leasing of the commercial real estate, including brokerage fees and consulting fees if the broker is entitled to a stated fee or commission.
REAL ESTATE FOREIGN BROKER LICENSURE
Also passed in 2014, this bill created definitions for commercial real estate, foreign broker and non-resident licensee in an effort to allow a broker holding a valid real estate license in another state to practice as an association broker of QB in a commercial estate transaction, provided that the foreign broker enters into a written agreement with a New Mexico licensed QB.
