Legislative Update February 10, 2017
The 60-day New Mexico Legislative session is not quite at the halfway point, but already nearly 1,000 bills (924) have been introduced. Two of them, both dealing with budget items, were sent to the Governor and signed into law.
The subject matter of the bills range from recognizing a local 4-H chapter to economic development legislation, and of course, several of interest to the REALTORS® Association of New Mexico.
Crime Bills
Many bills that come under the “crime” category have been introduced including bills that increase the penalty for driving while under the influence of liquor or drugs (HB271); for leaving the scene of a traffic accident (HB319); and sex crimes against children (SB160).
Economic Development Bills
Many of the economic development bills deal with improving the state’s broadband (internet) infrastructure:
- HB60 adds infrastructure for new broadband telecommunications network facilities to the definition of an economic development project eligible for funding in the Local Economic Development Act;
- HB113 requires state’s Chief Information Office to develop and maintain a statewide broadband network;
- SB24 amends the Infrastructure Development Zone Act to provide for broadband infrastructure development by a local government.
Other bills provide for workforce stimulus funding:
- SB73 appropriates $125,000 to the Workforce Solutions Department to provide leadership training services to workers, businesses and organizations.
The Cannabis Revenue and Freedom Act (SB278), which establishes a comprehensive regulatory framework relating to marijuana, industrial hemp, and medical marijuana has also been introduced.
Other
Another bill would have required presidential hopefuls to make public their tax returns. That bill, HB204, was killed in committee.
RANM Bills
The RANM Legislative Committee, which has met twice since the Legislature began and will be meeting again on Friday, February 17, is following approximately 140 bills. Two RANM-sponsored bills have been introduced.
- HB362 – Home Inspector Licensing sponsored by Rep. Alonzo Baldonado (R-8). This bill has been referred to the House Business and Industry Committee.
- Home Owner Association Amendments (no bill number available at press time) sponsored by Monica Youngblood (R-68) would cap HOA disclosure document fees to $200.
Other Bills on RANM’s Radar
RANM’s Legislative Committee has identified several other bills of concern, including:
- SB244, a bill that would make comprehensive changes to the Homeowners Association Act. As written there are concerns about language that limits to 30 days the time the disclosure documents are valid (meaning parties would have to pay for new documents after 30 days); a $400 cap on the disclosure document, an amount RANM feels is excessive; and an increase every three years of the cost of providing such documents.
- SB125, a bill that exempts auctioneers who auction real property from working under the control of a licensed real estate broker. In other words, under this bill an auctioneer does not need to be licensed to sell real estate.
- SB215 provides an “assessment contract” or Property Assessed Clean Energy (PACE) loan for the leasing/purchase of solar equipment. The National Association of REALTORS®, the Mortgage Bankers Association, and other financial and real estate groups have expressed concern that PACE loans retain a first-lien position ahead of the primary mortgage.
- HB205, the “Vacant Rural Building Act”, would change rules for building codes to allow occupancy of a vacant commercial building by a small business.
- HB331 would allow landlords to return tenant deposits and itemized statements of deduction by mailing the statement and any payment by certified mail.
- HB146 makes it a crime to exploit a vulnerable adult by misappropriating, misusing, transferring, or selling their property.
- HB199 and SB210 are identical bills that provide more disclosure to homeowners who are financing and/or buying solar panels. These bills have received “Do Pass” recommendation from the first committees in which they were heard.
For a copy of any of the bills in this article, or to follow any legislation, go to: www.nmlegis.gov.
RANM lobbyist Nancy King discusses the latest on the HOA bill with Kent Cravens, lobbyist Brent Moore, Steven Anaya, and Ashley Strauss-Martin.
RANM will provide updates throughout the session, which ends on March 18.
By: REALTORS® Association of New Mexico
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