The Governor will have until April 7th to sign or veto legislation. Legislation not acted on will be considered a “pocket veto” and will therefore not become law. To date there has been no Governor action on GAAR tracked legislation listed below.
Bernalillo County Commission Passes HOA/Condo Disclosure Fee Cap!!
On a 5-0 vote in their regular meeting on Tuesday March 28th the Bernalillo County Commission passed an ordinance capping the fee HOA’s and Condo Associations can charge for mandatory disclosure documents. The measure caps the fee at $200 to be paid at closing. If either of the bills on the Governor’s desk (SB244, HB374) are signed then the county AND city ordinances will be preempted and state law will apply. GAAR Executive Vice President Kent Cravens and Realtor John Lucero were on hand to testify. Thank you to Commissioner Wayne Johnson for carrying the measure and for an outstanding presentation to the rest of the Commissioners.
Below is a list of GAAR tracked legislation:
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 |
| 3/8/17 | No change |
| 3/15/17 | No change |
| 3/22/17 | Bill died at end of session |
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 |
| 3/8/17 | HB199 waiting for hearing in Senate Corporations. SB210 waiting for hearing in House Judiciary. Last stop before the floor for both bills. |
| 3/15/17 | HB199 Passed Senate 31-5 On to Governors desk. |
| 3/22/17 | SB210 passed house and senate concurred with house amendments |
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. |
| 3/8/17 | HB374 is in House Judiciary waiting for a hearing. SB244 is on Senate Floor 3/8/17 |
| 3/15/17 | SB244 Passed Senate 30-0 One committee referral in House to HSIVC] |
| 3/22/17 | SB244 Passed House and senate concurred with House amendments Senate passed HB374 and House concurred with Senate amendments |
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 |
| 3/8/17 | In House Appropriations and Finance waiting for hearing. |
| 3/15/17 | Bill will die due to lack of available money to develop program |
| 3/22/17 | No change Bill died at end of session |
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 |
| 3/8/17 | No Change |
| 3/15/17 | No Change |
| 3/22/17 | Bill died at end of session |
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 |
| 3/8/17 | In House Consumer and Public Affairs Committee |
| 3/15/17 | No Change, not expected to move |
| 3/22/17 | Bill died at end of session |
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 |
| 3/8/17 | Passed Senate Corporations Committee waiting in Senate Finance |
| 3/15/17 | Still in Senate Finance |
| 3/22/17 | Passed Senate floor, House concurred with Senate amendments |
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 |
| 3/8/17 | Passed Senate Corporations waiting in Senate Public Affairs Committee |
| 3/15/17 | Passed Senate 31-1 with one committee referral to House Business and Industry Committee |
| 3/22/17 | Bill was amended in the House to accommodate small 1 person firms remain at two years to qualify |
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 |
| 3/22/17 | Bill died at end of session |
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 |
| 3/8/17 | Still waiting in House Judiciary |
| 3/15/17 | Still waiting in House Judiciary |
| 3/22/17 | Bill died at end of session |
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 |
| 3/8/17 | Waiting for hearing in House Judiciary |
| 3/15/17 | Passed House Judiciary, Waiting in House Appropriations and Finance |
| 3/22/17 | Bill died at end of session |
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. |
| 3/8/17 | Passed Senate Rules Committee waiting in Senate Corporations Committee. |
| 3/15/17 | Passed Senate 35-4 with one committee referral to House Labor and Economic Development |
| 3/22/17 | Passed House 67-0 |
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 |
| 3/8/17 | No Change |
| 3/15/17 | No Change |
| 3/22/17 | Bill died at end of session |
***
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
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