GAAR and RANM along with several Realtors testified in Senate Public Affairs Committee on SB 244, HOA Act Changes. 

While we agree with many of the provisions in the bill we have reached an impasse when it comes to the way the bill handles disclosure document fees. Due to work done helping committee members understand the complexity of the bill we were able to get the votes to “TABLE” the bill.  This means that negotiations can continue but the bill will sit in committee.  Thanks to Cathy Colvin, Carol Bernstein, John Lucero, RANM President Victoria Murphy,  and all who came to testify.  It was a long night but the outcome was worth it.

Changes to Tax Code Provisions

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.

**Update**          2/15/17 – Assigned to Sen. Corporations, no hearing scheduled yet

Distributed Generation Consumer Protection

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

 **Update**           2/8/17 – Passed 8-0 House Business and Industry Committee, GAAR Supports

**Update**           2/15/17 – Companion bill introduced in the Senate by Sen. Clemente Sanchez. Passed both Senate Corporations and Senate Judiciary, now on Senate floor

HOA Act

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.

**Update**          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.

**Update**           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.

Home Inspector Licensing Act

**Update**          2/8/17 - No bills have been introduced at this time.

**Update**          2/15/17 – HB362 Introduced by Rep. Alonzo Baldonado GAAR Supports. No hearing scheduled yet

Defective Building Materials

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)

**Update**          2/8/17 – Bill is sitting in Senate Corporations & Transportation, Sponsor has no plans to hold a hearing at this time.

Real Estate Auctioneer License Exemptions

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

**Update**          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

**Update**          2/15/17 – Committee Substitute passed to Judiciary

Lodgers Tax (VRBO/AIRBNB)

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

**Update**          2/15/17 - Passed House Business and Industry Committee unanimous

QB License Requirements

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.

**Update**          2/15/17 – Bill introduced by Senator Jim White, no hearing scheduled yet. GAAR Supports.

PACE Loans

SB215 CHANGING THE PRIORITY OF LIENS UNDER THE ACT.

**Update**           2/15/17, Passed Senate Conservation Committee, next stop Senate Corporations, GAAR Opposes

Rural Building Codes

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

**Update**          2/15/17, passed House local govt, elections Now in House Judiciary

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