UPDATE SUMMARY AT A GLANCE (legislative action taken since last update)
HOUSE OF REPRESENTATIVES BILLS
HB 5 - DEPARTMENT OF GAME AND FISH APPROPRIATION 2009 (Stewart) - Department of Game and Fish budget bill. The FY10 budget being requested is for $37,607,100. Bill as introduced had all General Fund Appropriations removed (approximately $330,000) and replaced them with sportsman generated Game Protection Fund dollars.
HB 10 - APPROPRIATION REDUCTION & BUDGET ADJUSTMENT (Verela) - This Act would reduce certain General Fund appropriations made to Agencies for Fiscal Year 2009. The Department of Game and Fish would have general fund appropriations reduced by 2.5%.
HB 11 - VALLES CALDERA ELK LICENSES (Wallace) - This amendment will direct the Director of the Department of Game and Fish to issue between 15 to 25 percent of bull elk authorizations each year to the Valles Caldera National Preserve separate from the current lottery system allocation. The Valles Caldera National Preserve board would determine the process in which the authorizations would be issued and all money collected would be retained by the Preserve.
HB 13 - GENERAL APPROPRIATION ACT OF 2009 (Verela) - The New Mexico State Government Fiscal Year 2009 Appropriation bill for all agencies that includes appropriations identified in HB5.
HB 22 - LIFETIME BAN ON FIREARM POSSESSION FOR FELONS (Rehm) - Removes from statute the time period (10 years) from when an individual who is convicted of a felony having served the terms of their sentence and/or probation is no longer considered a Felon for the purpose of possessing a firearm.
HB 26 - ARRESTS BY NONSALARIED PEACE OFFICERS (Rehm) - Amends the current statute to allow any commissioned peace officer working under the supervision of the officers agency, including RCO's, to make arrests for violations of the Motor Vehicle code or other laws related to motor vehicles that are punishable as a misdemeanor.
HB 28 - INTIMIDATION OF CRIMINAL JUSTICE OFFICIALS (Rehm) - A new bill that will make it a 3 rd degree felony to intimidate a criminal justice official or family member and a 2 nd degree felony to retaliate against a criminal justice official or family member. The definition of a criminal justice official includes a law enforcement officer.
HB 33 - NO DOMESTIC VIOLENCE OFFENDERS AS POLICEMEN (Cote) - Prohibits a Domestic Violence offender from becoming a law enforcement officer within three years of a violation; and provides that a law enforcement officer may lose certification for committing a domestic violence offense.
HB 39 - LAND GRANT INCLUSION IN PUBLIC LAND USE PLANS (Bandy) - Will require that a state agency that owns any interest in real property that is located within the boundaries of a land grant-merced to include the board of trustees of that land grant-merced in the planning process for the use of the interest in the real property; provided that the land grant-merced is located with the boundaries of the grant as shown in the United States patent to that land grant-merced; and the land grant-merced is governed as a political sub-division of the state.
HB 45 - STATE RULE REGULATORY IMPACT STATEMENTS (Berry) - Amending and enacting sections of the State Rules Act that would require an agency to issue a regulatory impact statement for any rule promulgated by that agency or commission that would affect another agency or any individual who is not an employee of that agency before the rule would become valid and enforceable.
HB 63 - STATE ENGINEER APPROVAL OF DAM CONSTRUCTION (Larranaga) - Requires the State Engineer to review and approve plans associated with the construction and operation of Dams, but also provides exceptions for when such review will not be required. These exceptions include dams lower than 25 feet and storing less than 50 acre-feet of water; dams less than 6 feet high regardless of storage capacity, or dams with a storage capacity of less than 15 acre-feet of water regardless of height.
HB 68 - NON-GAME FISH CAPTURE OR KILLING (Campos) - Directs the state game commission to adopt rules on the manner, method and devices used for the taking, capturing or killing of nongame fish necessary for the protection and conservation of game fish; and provides penalties consistent with state game commission rules. The bill is intended to help protect native species that may be affected in the current incidental take of non-game fish. This is a Department sponsored bill.
HB 143 - GAME & FISH PENALTY ASSESSMENT PAYMENTS (Barela) - Amending the Penalty Assessment Statute that will create three new criteria for which a penalty assessment citation can be issued by Game and Fish officers. These include Upland game rule infractions; Waterfowl rule infractions; and Manner and Method infractions. This is a Department sponsored bill.
HB 163 - CRIMINAL TRESPASS NOTICE REQUIREMENTS (Vaughn) - Amending the posting and notice requirements for criminal trespass. Current posting requirements for private property to prevent trespass will be replaced with a requirement for the property owner to provide notice that trespass or entry onto the property is forbidden without permission of the landowner. This notice can include written communication by the landowner or someone act on their behalf; fencing or other enclosure of the property obviously designed to exclude intruders or to contain livestock; a sign posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; or the placement of identifying orange paint marks on trees or posts on the property.
HB 202 - OFF-HIGHWAY MOTOR VEHICLES ON HIGHWAYS (Tripp) - Removes the prohibitions of operating an off-highway motor vehicle on any paved street or highway.
HB 273 - STATE TRAIL LAW ENFORCEMENT AUTHORITY (Cole) - Amends and enacts sections of the State Trail System that will provide for law enforcement authority to the State Parks Division and their ability to establish and designate future State Trails.
HB 336 - INCREASE PUBLIC EMPLOYEE PER DIEM & MILEAGE (Miera) - Will change the mileage rate for when employees use their personal vehicle for State business from .32 cents per mile to the IRS standard mileage rate. In 2009 that rate has been identified as .55 cents per mile.
HB 367 - LIMIT ELECTRONIC RECORDS (Egolf) - Requires the State Commission of Public Records to adopt regulations limiting the creation and distribution of public records in electronic format. The amendment further states that no state agency shall send any material to members of the public, public employees or governmental entities unless the material is in electronic form or is specifically requested by the recipient.
HB 396 - RELIABLE EYEWITNESS IDENTIFICATION ACT (Cervantes) - Enacts the Reliable Eyewitness Identification Act and provides for procedures for lineups that include eyewitness statements and maintenance of records kept of lineup procedures.
* HB 467 - AQUATIC INVASIVE SPECIES CONTROL (Tripp) - Provides for the authority of the Director of Game and Fish to designate species of exotic or non-native animals or plants as aquatic invasive species; designate water bodies within the state as infested waters; and designate specific requirements to decontaminate conveyances and equipment. The bill also establishes enforcement authority to include impoundment of equipment for non-compliance and authorization for the State Game Commission to develop rules to implement and enforce the provisions of the Bill.
* HB 484 - NO JURY TRIAL FOR CERTAIN OFFENSES (King) - Exempts penalty assessment misdemeanors or offenses that do not prescribe incarceration as a penalty from an individual's right to trial by jury in magistrate court.
HB 507 - PUBLIC RECORD INSPECTION & REQUESTS (K. Martinez) - Amends the statute pertaining to Public Record Inspections by allowing E-Mail and Facsimile as a form to make inspection requests and reduces the number of days that an agency must permit the inspection.
HB 520 - CONSOLIDATED ENVIRONMENTAL REVIEW ACT (Chasey) - Creates the Consolidated Environmental Review Act and provides for rules to be adopted by an Environmental Improvement Board. The purpose of the bill includes the intent to develop, protect, enhance and maintain a high-quality environment; and identifies intent to protect wildlife populations and species from genetic damage, elimination and non-perpetuating levels. The bill also identifies processes that include agency requirements to complete environmental assessments and impact statements for projects that they would be conducting as a lead agency that would have a significant effect on the environment.
HB 573 - ADJUSTMENT OF RETIREMENT PLANS (Heaton) - Amends the Public Employees Retirement Act to Change retirement eligibility requirements for new members, provides a limit on the calculation of final average salary, changes the requirements for returning to work after retirement and changes contribution rates to the Retiree Health Plan.
HB 575 - RULEMAKING REGULATORY IMPACT STATEMENTS (Garcia) - (Similar to HB 45) Amending and enacting sections of the State Rules Act that would require an agency to issue a regulatory impact statement for any rule promulgated by that agency or commission that would affect another agency or any individual who is not an employee of that agency before the rule would become valid and enforceable.
HB 594 - FERAL HOG CONTROL (Ezzell) - Prohibits an individual from importing into the state, transporting within the state, holding for breeding or selling a live feral hog or operating a commercial feral hog hunting enterprise to prevent the spread of disease to livestock and wildlife.
HB 598 - ELECTRONIC PUBLIC RECORD INSPECTION REQUESTS (Cervantes) - Amends the Inspection of Public Records act to allow for oral, e-mail and facsimile requests, but would not hold the custodian responsible for meeting the response deadlines associated with the oral requests.
HB 604 - STATE GAME COMMISSION MEMBER ELECTIONS (Tripp) - Changes the selection of State Game Commissioners from an appointed position by the Governor to an elected official determined through the Primary Election process.
HB 645 - BASS FISHING LICENSE PLATES (Tripp) - Will establish a special bass fishing motor vehicle registration plate, where a portion of the revenue will be deposited into the bass habitat management program of the game protection fund.
HB 697 - NO FIREARM DISCHARGE NEAR CAMPGROUNDS (Thomas) - Amends the Negligent Use of a Deadly Weapon Statute to include the discharge of a firearm within 150 yards of a designated campgrounds, picnic areas or areas for the public to congregate within public parks, not including nature trails, hiking and backpacking areas or hunting areas.
HOUSE JOINT MEMORIALS
HJM 3 - WATER CABINET ENVIRONMENTAL FLOW ASSESSMENT (Stewart) - Requests that the Water Cabinet Departments conduct an environmental flow assessment to enhance ecosystem function, fish and wildlife habitat and improve management of reservoirs, with the collaboration of relevant scientists and stakeholders, federal agencies and water users.
HJM 4 - WILDLIFE CORRIDOR INFO SHARING (Stewart) - Requests that State Agencies using existing resources work with other agencies, Indian Nations, Tribes and Pueblos and Private groups to share information about key wildlife corridors.
HJM 15 - TIERRA AMARILLA LAND GRANT LAND USE RIGHTS (Rodella) - Requests that the state game commission find a way to grant traditional use rights to the heirs of the Tierra Amarilla land grant-merced for lands controlled by the commission that are located within the historic boundaries of the Tierra Amarilla land grant-merced. Properties that would be included in this review are the Sargent, Humphries and Rio Chama Wildlife Management Areas.
HJM 16 - ESTABLISH PECOS CANYON STATE PARK (Varela) - (Same as SJM 16) Requests that the state parks division of the energy, minerals and natural resources department establish the Pecos canyon state park on lands owned by the state game commission and other lands that the state parks division determines to be appropriate.
HJM 32 - STUDY STATE LAW ENFORCEMENT PAY EQUITY (Cote) - Requests that the Personnel Board review classifications and pay of State Law Enforcement Officers for Pay Equity.
HJM 45 - PUBLIC EMPLOYEE & EDUCATION SOLVENCY PLANS (Varela) - Requests that the retirement board of the public employees retirement association (PERA) prepare a solvency plan for its retirement system that includes an analyses and recommendations that covers specific areas of interest like contributions and retirement eligibility.
HJM 49 - NO OUTSTANDING RESOURCE WATERS DESIGNATION (Rodella) - A joint memorial opposing the designation of United States Forest Service Roadless and Wilderness waters as outstanding national resource waters in New Mexico, and requests that the Governor cancel or suspend the designation process.
SENATE BILLS
SB 2 - STATE AGENCY RECYCLING ANNUAL REPORTING (M. Sanchez) - Would require that by September 1 every year, the general services department shall issue a report to the legislature and the governor outlining which agencies have a current source reduction and recycling plan on file and report on the status of implementation of the agencies' plans.
SB 81 - HIRING FREEZE ENFORCEMENT (Beffort) - Would require agencies to comply with both the law limiting the number of employees and the Governor's hiring freeze. The number of full time employees for any agency whose salaries are derived from general fund appropriations can not exceed the number of full time employees identified in the General Appropriation Act of 2008 or the number of full time employees at the agency on October 17, 2008, the effective date of the Governor's hiring freeze.
SB 196/a - STATE-TRIBAL COLLABORATION ACT (Pinto) - Will require every state agency to develop and implement a policy that promotes communication and collaboration with tribes and pueblos; promote government-to-government relations between the state and the tribes and pueblos; promote cultural competency in providing services for American Indians; and provide a method to notify state employees of the policy. In addition, the bill would require each state agency to dedicate a FTE position as a tribal liaison, who reports directly to the office of the head of the state agency.
* SB 379 - OFF-HIGHWAY VEHICLE REGULATIONS (Griego) - Among other changes to the Off-highway Vehicle Act, the significant amendment would move the responsible agency designation for oversight of the OHV Act from the Department of Tourism to the Department of Game and Fish.
SB 391 - LANDOWNER TAKINGS OF CERTAIN ANIMALS (M. Sanchez) - Amending the Depredation Statute to provide for landowner takings of covered species or predators that threaten human life or property; establish process for handling depredation complaints; and establish new alternatives for resolving damage complaints, including compensation.
SB 479 - DEPT. OF AGRICULTURE FOR WATER QUALITY (Ingle) - For agricultural industry operations, the bill moves the authority and duties associated with the water quality control commission to the Department of Agriculture.
SB 504 - FERAL HOG CONTROL (Griego) - (Same as HB 594) Prohibits an individual from importing into the state, transporting within the state, holding for breeding or selling a live feral hog or operating a commercial feral hog hunting enterprise to prevent the spread of disease to livestock and wildlife.
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