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February 15, 2024 Newswires
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Last day at the Legislature: What bills are law? Which ones are close?

Albuquerque Journal (NM)

SANTA FE — It's off to the races for lawmakers as the clock ticks closer and closer to the end of the Legislature. Here's a Thursday morning update on new laws and bills that are close to becoming law.

Gov. Michelle Lujan Grisham had signed three bills into law as of 11 a.m. Thursday, and at least 66 bills sit on her desk waiting for her signature. Two more pieces of legislation are close, waiting for Senate concurrence.

The session ends at noon on Thursday.

Any legislation Lujan Grisham doesn't sign by March 6 is pocket vetoed.

The effective date for signed legislation without an emergency clause or specified date is May 15.

Signed by the governor

HB1, Feed Bill — Annual administrative measure funds the Legislature.

HB141, Supreme Court Justice Salary Increase — Increases New Mexico Supreme Court justice salaries to $232,600, effective May 15.

HB171, School Graduation Requirements — Overhauls New Mexico's graduation requirements, balancing more student choice with retaining the total number of units required to graduate. It will take effect for students entering the ninth grade in the 2025-2026 school year.

Sitting on governor's desk

HB2&3, General Appropriations Act of 2024 — The state's proposed $10.2 billion budget. Lujan Grisham has the ability to line-item veto individual budget items.

HB5, Workforce Development and Apprenticeship Fund — This legislation would create a trust fund, which would make annual transfers to the public works apprentice and training fund and the Workforce Solutions Department.

HB7, Health Care Affordability Fund Distribution — This measure would change the distribution of health insurance premium surtax revenues, so the dollars goes to the health care affordability fund instead of the general fund, starting fiscal year 2026.

HB28, Public Project Revolving Funds — The New Mexico Finance Authority would be able to offer loans from the "public project revolving loan fund" to schools, civic organizations, tribes and other state and local government entities. An amendment added some public and charter schools to the list of entities that would be able to apply for loans with the NMFA. The number is capped at 100.

HB29, Public Project Fund Appropriations — This annual bill through the New Mexico Finance Authority moves $13 million from the public project revolving fund to three identifying funds to match with federal funds. $6 million will go to the drinking water state revolving loan fund, $2 million will go to the local government planning fund and $5 million will go to the cultural affairs facilities infrastructure fund.

HB33, Prescription Drug Price Transparency — Would require drug manufacturers selling certain high cost drugs – including drugs that cost $400 or more for a 30-day supply – to report certain data points to the Office of the Superintendent of Insurance. The reporting would be used to guide policy to reduce prescription drug prices in the future.

HB41, Clean Transportation Fuel Standards — Would allow for clean transportation fuel standard to reduce carbon intensity emissions.

HB91, Geothermal Resources Project Funds — Would create funds for geothermal projects. Sen. Gerald Ortiz y Pino, D-Albuquerque, said the measure is essentially the same bill the Legislature passed last year, with a few adjustments so Lujan Grisham doesn't veto it again.

HB98, Accounts for Disabled Eligibility — Would raise the age of people with disabilities eligible for ABLE, achieving a better life experience, accounts from 26 years old to 46 years old in 2026. It would also prevent the state from seeking estate recovery payments from an account or the beneficiary's benefits proceeds, according to the bill's fiscal impact report.

HB129, Firearm Sale Waiting Period Crimes — Would require a seven-day waiting period for gun purchases, with a few exceptions.

HB148, Water Project Fund Projects — Would allow the New Mexico Finance Authority to make loans or grants to qualifying water projects.

HB151, Post-Secondary Affirmative Consent Policy — The bill would require higher education institutions funded by state dollars to use trauma-informed policies and responses to sexual violence and train students on affirmative consent.

HB165, Pharmacy Provider Reimbursement — Would allow independent and local pharmacies to reap the same reimbursement rates as corporate pharmacies from Medicaid managed care organizations.

HB177, NM Match Fund — The bill, with an emergency clause, would establish a $75 million pot for more than 2,800 eligible entities in New Mexico, including towns, counties and tribal nations, from which to request dollars. The Department of Finance and Administration, the state agency in charge of administering the fund, could match state funding for federal grants.

HB181, Life and Health Insurance Guaranty Act Changes — This bill aims to protect life and health insurance policy holders if their insurer becomes insolvent, said Sen. Martin Hickey, D-Albuquerque, by expanding membership and coverage, changing the method for assessing long-term care insurer insolvencies, increasing the number of directors, adding rate increase powers and repealing a health maintenance organization section on the replacement coverage for insolvency, according to the bill's fiscal impact report.

HB182, Election Changes — This AI-focused bill would amend the Campaign Reporting Act to add a disclaimer requirement for the use of materially deceptive synthetic images, visuals and audio created by artificial intelligence.

HB193, Law Enforcement Retention Disbursements — Would change the Law Enforcement Retention Fund, aiming to better recruit and retain law enforcement officers. Lawmakers earlier in the session removed the $1 million appropriation originally included in the bill because it is part of the budget that passed on the floor Monday.

HB195, Housing Fund and Changes — Would amend the newly named the Opportunity Enterprise and Housing Development Act.

HB196, Government Accountability Trust and Fund — Would create the government results and opportunity expendable trust and the government results and opportunity program fund. Bill advocates say it's a way to pay for state pilot projects and test them out while also investing dollars for the future.

HB207, Public School Capital Outlay Grants — Would change language in the Public School Capital Outlay Fund, making assistance to charter schools from public school capital outlay mandatory.

HB211, Water Project Prioritization — This would amend sections of the Water Project Finance Act, including to make wastewater projects available for funding through the Water Trust Board.

HB232, Infrastructure Planning and Development Division — Would create the infrastructure development division within the Department of Finance and Administration.

HB236, Public Safety Retirees Returning to Work — Would allow certain public employees who have retired by Dec. 31, 2023 to return to work on a limited basis, according to bill sponsor Sen. Mimi Stewart, D-Albuquerque.

HB239, Cannabis as Prison Contraband — Would include cannabis among the list of prohibited contraband in places of imprisonment.

HB252, Adjust Income Brackets — There are a slew of tax credits and changes included in this year's proposed tax package, including clean energy credits and reduced personal income tax. Notably, there is no increase to the alcohol excise tax included. Legislation that would have increased the tax failed to move forward last week in the Roundhouse.

HB253, Capital Outlay Changes — Would make changes to the state's capital outlay program. A non-reverting fund – the capital development and reserve fund – would be created by the bill and managed by the State Investment Council. Money in the fund would be available to the Legislature to go toward capital projects costing less than $5 million and for the planning and design of more costly projects.

HB270, Higher Ed Tech Enhancement Fund Provisions — Would clarify how higher education entities can use awards from the technology enhancement fund.

HB298, Service Members Suicide Prevention — The Veterans Services Department would be required to raise suicide awareness for service members and increase suicide prevention resources for veterans and active military and their families.

HB302, Department of Defense Military Recommendations — Child care programs certified by the U.S. Department of Defense would not be required to meet additional state licensing requirements.

HB308, General Bond Obligations — Authorizes the issuance of general obligation bond capacity of roughly $290 million.

SB5, Firearms Near Polling Places — Would prohibit guns within 100 feet of polling places. The Senate concurred on an amendment added earlier this week in the House, which allows people with concealed carry licenses to bring their firearms when they vote.

SB6, Cannabis Regulation Changes — Would tweak several sections of the Cannabis Regulation Act with the goal of tightening regulations of the industry.

SB14, Health Care Authority — The bill would make changes to the functions of the Healthcare Authority Department, including changing the name to the Healthcare Authority.

SB15, Health Care Consolidation Act — Would allow the Office of Superintendent of Insurance to rule whether proposed mergers, consolidations or other ownership changes of New Mexico hospitals — except state and university-run facilities — would be detrimental to the quality, cost and accessibility of health care in New Mexico.

SB17, Health Care Delivery and Access Act — Would impose assessments on most hospitals based on non-Medicare utilization and leverage federal funding to reimburse facilities, increasing Medicaid reimbursement in hospitals up to the average commercial rate. The bipartisan bill aims to address the health care crisis in the state, particularly in rural communities.

SB37, Meat Inspection Act — Would allow for the New Mexico Livestock Board to conduct inspections of meat-producing and -processing plants in the state. Proponents said it would positively impact ranchers and allow for meat to be fully produced and processed within the state.

SB76, School Local Share Adjustment Waiver — The bill would clarify that a school district is eligible for waivers of the local match for projects bankrolled by the Public School Capital Outlay Council if its local match is greater than 50%.

SB88, Electronic Driver's License Credentials — Would allow the New Mexico Department of Transportation to issue electronic driver's licenses.

SB96, Increase Attempted Murder Penalty — Would increase prison time for attempted murder in the second degree from three to a maximum nine years. It would also increase the penalty for second degree felony resulting in a death from 15 years to 18 years.

SB106, Declaration of Independence Anniversary — The bill would appropriate $250,000 to use for a commission to plan and conduct a celebration for the 250th anniversary of the Declaration of Independence in 2026.

SB108, Distribution to Election Fund – The bill would distribute money from the tax administration suspense fund into the state election fund until it reaches $20 million.

SB116, Tobacco Fund is Not a Reserve Fund — Would remove the tobacco settlement permanent fund balance from the general fund. Moving the funding out would allow the fund to be invested to reap higher returns for health campaigns, according to the bill's fiscal impact report. Rep. Jason Harper, R-Rio Rancho, said the bill would also allow for a more accurate picture of the state's reserves.

SB127, Professional Psychologist Act Changes — Would give licensed psychologists with a special type of certification to prescribe and administer injections for psychotropic drugs as well as intramuscular and subcutaneous injections. It would also change the structure of the Board of Psychologist Examiners and the committee which reviews complaints against prescribing psychologists.

SB128, State Fire Retirement — Would add a definition for "state fire member" to the Public Employees Retirement Act, for non-volunteer firefighters.

SB129, Cybersecurity Act Changes — Would amend the Cybersecurity Act, including adopting more cybersecurity rules and standards.

SB135, Step Therapy Guidelines — Patients with cancer or autoimmune diseases would no longer need prior authorization from their insurance provider to be approved for treatment or prescription medications. Additionally, anyone who already had a medication approved by prior authorization or step therapy would no longer need to annually repeat the process to keep using that medication. That approval would now apply as long as it still had a therapeutic effect for the patient.

SB137, School Board Training — Would require new school board members to go through 10 hours of training in ethics and school personnel, public school finance, open meetings and public records, governance and supervision and student achievement and support services. It would also prohibit new school boards from terminating superintendents — or extending their contracts — shortly after the election or appointment of a new school board. All candidates for school boards would be required to report $1,000 or greater campaign contributions. Currently, only candidates in large school districts — 12,000 or more students — that have contributions and spending above $500 have to report those donations to the Secretary of State.

SB142, Behavioral Health Facility Notification — This legislation wouldn't allow residential behavioral health facilities to admit patients without trying to get family contact information for patients, so patients could notify their family of admission.

SB148, Tax & Fee Admin Fees — This bill would remove administrative costs and fees withheld by the Taxation and Revenue Department for administration of local government revenues by fiscal year 2029. The fees would continue on certain distributions.

SB151, Premium Tax to Emergency Services Fund — Would appropriate $22 million from the general fund and distribute 10% of the health insurance premium tax to the emergency medical services fund.

SB152, CYFD Investigations and Background Checks — Would require background checks for certain people working with the New Mexico Children, Youth and Families Department and Early Childhood Education and Care Department.

SB153, Early Childhood Fund Transfers — Would increase the distribution of the early childhood education and care program fund for programs such as child care assistance, doula and lactation support home visits, and pre-K. The distributions from the fund would increase by $95 million. Any excess money would be returned to the fund.

SB159, Higher Education Trust Fund — Would create a trust fund to cover tuition and financial aid programs for students at higher education institutions in the state.

SB161, Acute Care Facilities Subsidies — The bill would create grants for a dozen rural hospitals in the state to help make up for lost revenue for certain services, including emergency medical services, child and maternal health, for which they may not be fully reimbursed.

SB165, Legislative Retirement Changes — The bill would increase pension payments for future retirees from the New Mexico State Legislature.

SB169, Land and Water Conservation Fund — The bill would appropriate $10 million from the general fund to the state land and water conservation fund.

SB175, Law Enforcement Fund Distributions — The bill would appropriate funds to recruit and retain law enforcement officers.

SB176, Athletic Competition Act Changes — Would add fighter weight classes and increase, by an average $74, annual licensing fees for almost a dozen license types. It would also increase the required insurance coverage for licensed fighters, including pro boxers, kickboxers, martial artists and wrestlers from $1,000 to $2,500.

SB216, NMFA Affordable Housing Projects — Would amend the Finance Authority Act to provide financing for affordable housing projects and amend the local government planning fund to provide financing in order to develop affordable housing plans and flood maps.

SB217, Severance Tax Bond Fund Distribution — The bill would provide for a minimum distribution from the severance tax bonding fund to the severance tax permanent fund every year for nine years.

SB230, Disclosure of Certain Health Info — Would broaden the list of instances in which confidential information on children can be shared, according to the bill's fiscal impact report. Bill sponsor Sen. Greg Nibert, R-Roswell, has said the measure would allow for the collection of health data for research purposes.

SB236, Metro Development Project GRT Increments — Would impact the procedure for determining gross receipts tax increments paying for metropolitan redevelopment area projects, including allowing new, approved construction in determining the gross receipts tax base.

SB241, Aging Dept. Background Checks — This bill would require employees and volunteers with the Aging and Long-Term Services Department working in adult protective services, the long-term care ombudsman program and consumer and elder rights to undergo criminal history records checks. Selected applicants would also have to undergo background checks.

SB246, Capital Outlay Reauthorizations — An annual bill to extend the deadlines, expand the purposes or make other administrative changes on outstanding capital outlay projects throughout the state. Senate BIll 246 addresses over 250 projects, extending the times on most of them. Earlier, the Senate passed it by a vote of 31-6.

SB271, Repeat Felony Offender No Bond Hold — Would require felony offenders arrested for an additional felony while on release stay in custody until judges on prior felony cases have an opportunity to review their conditions of release.

SB275, Capital Outlay Projects — Senate Bill 275 would set aside around $1.4 billion, according to the Legislative Finance Committee, across brick-and-mortar projects throughout New Mexico. The Senate earlier in the day passed it by a unanimous vote.

Waiting for floor concurrence

SB146, Hospital Acceptance of Health Plans — The bill would require county and contracting hospitals to accept certain qualified health plans available through the New Mexico Health Insurance Exchange and provide affordable payment plans to uninsured patients.

SB239, Lottery and Opportunity Scholarship Changes — Would change some eligibility requirements for lottery and opportunity scholarships, including the allowance of coverage of summer semesters under the lottery scholarship and not counting high schoolers' dual credits toward credit-hour caps under the opportunity scholarship.

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