05/05/2017
Here's the list for today's seminar. It has active links to the legislation we're going to discuss.
LEGISLATIVE ROUNDUP 2017
HB 92
STRICTER GAME & FISH VIOLATION PENALTIES (Baldonado)
An act relating to game and fish; amending sections of chapter 17 NMSA 1978 to provide stricter penalties for major violations. Passed the House on a 66 - 0 vote. Passed Senate 37 - 2. Signed by Gov.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=92&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0092.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/house/HB0092JCS.pdf
HB 109
WILD ANIMAL BITE & ATTACK PROCEDURES (S. Garcia Richard)
An act relating to public health; prescribing factors to determine the management and disposition of wild animals that have bitten or otherwise potentially exposed a human to rabies.
Changes the previous rule of euthanizing before testing an animal with potential rabies that has bitten or attacked a person. Last assigned to HSIVC.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=109&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0109.PDF
HB 123
ANIMAL FOOD FEE FOR STERILIZATION PROGRAM (Carl Trujillo)
An act relating to animal neutering; imposing an additional fee on commercial feed for dogs and cats to fund a dog and cat sterilization assistance program; establishing a household income level for assistance. Passed House 50 - 17. SPAC “do pass” with amendments.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=123&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0123.PDF
HB 145
BIG GAME DEPREDATION FUND USES (Gomez)
An act relating to game and fish; amending section 17-3-13.4 NMSA 1978 (Being laws 2001, chapter 213, Section 2) to clarify that the purpose of the Big Game Depredation damage fund includes compensation of landowners for the financial damages caused by big game. HAWC no recommendation.
https://nmlegis.gov/Sessions/17%20Regular/bills/house/HB0145.pdf
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0145.PDF
HB 210
CRUELTY TO ANIMALS CHANGES (Ely)
Relating to Criminal Law; Clarifying the crimes of cruelty to animals and extreme cruelty to animals; providing definitions; clarifying the application of the practice of veterinary medicine; providing for psychological counseling; increasing the penalty when cruelty causes death or great bodily harm. HCPAC.
https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=210&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0210.PDF
HB 219
TRANSFER ANIMAL SHELTERING BOARD (Hall)
An act relating to state boards; transferring powers and duties, personnel, property, contracts and references from the animal sheltering board to the board of veterinary medicine. Passed House 65 - 0. Passed Senate 37 - 0 (on 3/18/17). Signed by Gov.
https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=219&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0219.PDF
HB 229
HORSE RACING LICENSES, HEALTH & TESTING (Ezzell)
An act relating to horse racing; removing certain exceptions to conduct that requires denial or revocation of an occupational license; providing for an equine health and testing advisor to replace the official chemist; clarifying the designation and handling of testing samples; providing for compensation of the equine health and testing advisor from the racehorse testing fund.
Passed House 68 - 0. Passed Senate 34 -0 on 3/16/17. Signed by Gov.
https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=229&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0229.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/house/HB0229BIS.pdf
HB 254
GAME COMMISSION LEGISLATIVE APPOINTMENTS (McQueen)
An act relating to the state game commission; providing for the New Mexico Legislative Council to appoint four commissioners; setting term limits for commissioners; adding requirements for appointment and removal of commissioners.
Update: 02/28/17 -- the committee substitute was tabled in HENRC on a 6 - 5 vote.
Among other things, the bill provided for four commissioners to be appointed by the Legislative Council, an interim bi-partisan legislative committee composed of legislators from both chambers. The committee substitute before HENRC maintained the five geographical districts for appointment by the governor.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=254&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0254.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/house/HB0254SGS.pdf
HB 333
ELK HUNTING LICENSES & GRAZING ALLOTMENTS (Townsend/Gomez/Herrell/Ezzell/Wooley)
An act relating to game animals; enacting a new section of chapter 17 NMSA 1978 to require the state game commission to adopt rules for the issuance of hunting licenses, permits and tags to accomplish a reduction in the population of elk proportional to reductions in livestock grazing allotments by federal land agencies. Sent to HENRC.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=333&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0333.PDF
HB 390
EQUINE RESCUE & SHELTER RIGHT OF REFUSAL (Small)
An act relating to animals; providing a registered equine rescue or retirement facility with the right of first refusal to purchase estray, cruelly treated or trespassing equines; defining “equine”; making conforming changes. Passed House 50 - 17. Passed Senate 39 - 0 on 3/17/17. Pocket Veto by Gov.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=390&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0390.PDF
HB 446
WILD HORSES IN STATUTE (Ferrary)
An Act relating to animals; amending and enacting sections of the NMSA 1978 to provide for wild horses.
¥ Jurisdiction transferred from Livestock Board to NMDGF
¥ Added “wild horse” as a species under the Wildlife Conservation Act
¥ New Mexico Court of Appeals’ decision in Wild Horse Observers Association, Inc. v. New Mexico Livestock Board (No. 34,097, filed August 4, 2015)
Sent to HENRC.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=446&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0446.PDF
HB 447
VETERINARY ACT EXEMPTIONS (Ferrary/Roybal-Caballero/Thomson)
An act relating to veterinary practice; providing exemptions from the veterinary practice act for pet owners to provide veterinary care to their pets in limited circumstances. HCPAC.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=447&year=17
https://nmlegis.gov/Sessions/17%20Regular/firs/HB0447.PDF
HB 448
CUSTODY OF PETS IN DIVORCE CASES (Ferrary/Roybal-Caballero/Thomson/Trujillo CH/Armstrong D)
An act relating to divorce; allowing the court to award pets to either party regardless of veterinary or other records indicating ownership. Passed HCPAC 4 - 0. Amended to strike “pets” and substituted “domestic animal owned as community property”.
• The Administrative Office of the Courts: Pets are often fought over as passionately and bitterly as is child custody in divorce cases currently; House Bill 448 may affect the outcome, but not the frequency, of the battle itself.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=448&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HB0448.PDF
HB 449
PETS & DOMESTIC ABUSE (Ferrary/Roybal-Caballero/Thomson/Trujillo CH/Armstrong D)
An act relating to domestic violence; recognizing harm or threatened harm to pets as domestic abuse. HCPAC “do pass” with amendments.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=449&year=17
https://nmlegis.gov/Sessions/17%20Regular/firs/HB0449.PDF
HJM 6
ANIMAL ABUSE & FAMILY VIOLENCE TRAINING (Dines)
A joint memorial requesting the children, youth and families dept. and the dept. of public safety to consider training on the link between animal abuse and family violence in training delivered to appropriate personnel. Passed House 67 - 0. SRC.
https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=JM&legNo=6&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/HJM006.PDF
HJM 17
PROTECTION OF WILD HORSES (Ferrary/Trujillo CH/Roybal-Caballero/Thomson)
A joint memorial acknowledging the public policy of the state that recognizes the need to protect wild horses; acknowledging the role of the conservation services division of the department of game and fish in protecting, maintaining and enhancing wildlife habitat; and requesting that division to conduct an interim study and provide recommendations for the protection, maintenance and enhancement of the wild horse herds and habitat in New Mexico.
https://nmlegis.gov/Legislation/Legislation?chamber=H&legType=JM&legNo=17&year=17
SENATE BILLS AND MEMORIALS
SB 81
WILDLIFE TRAFFICKING ACT (Stewart)
An act relating to wildlife; enacting the wildlife trafficking act; providing powers and duties; prohibiting certain actions making trafficking of animal species threatened with extinction a crime; providing exceptions; prescribing penalties. See Senate Judiciary CS (removal of “Purpose” section). Passed Senate 27 - 12. Passed House 42 - 24 on 3/17/17. Pocket Veto by Gov.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=81&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0081.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0081JUS.pdf
SB 126
CHANGE LIVESTOCK & ANIMAL DEFINITIONS (Woods)
An act relating to livestock; amending sections of the NMSA 1978 to change the definitions of “animals” and “livestock.” Relating to the disposition of seized animals: “Animals” or “livestock” defined with more specificity and does not include canine or feline animals or feral hogs. See SCONC substitute.
Passed Senate 32 - 2. “Do Pass” from HSIVC.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=126&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0126.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0126COS.pdf
SB 167
RELATING TO PRIVACY; ENACTING THE FREEDOM FROM UNWARRANTED
SURVEILLANCE ACT; PROVIDING PENALTIES. (Ortiz y Pino)
Senate Bill 167 proposes to create a new act which would prohibit a person, state agency, law
enforcement agency or political subdivision of the state from conducting unwanted surveillance
using unmanned aircraft or drones to collect evidence or other information on private property
pertaining to criminal conduct or conduct in violation of state statute where the property owner
has a reasonable expectation of privacy, except to the extent authorized in a warrant. The
property owner must give permission to conduct surveillance absent a warrant. The bill does not
prohibit the use by law enforcement under exigent circumstances. The bill provides for chain of
custody of information collected using unmanned aircraft or drones. Information collected in
violation of the act is not admissible in court and a person who violates the act is guilty of a petty
misdemeanor. Reported by SPAC w/o recommendation.
https://www.nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=B&LegNo=167&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0167.PDF
SB 184
HORSE RACING LICENSES, HEALTH & TESTING (Papen)
An act relating to horse racing; removing certain exceptions to conduct that requires denial or revocation of an occupational license; providing for an equine health and testing advisor to replace the official chemist; clarifying the designation and handling of testing samples; providing for compensation of the equine health and testing advisor from the racehorse testing fund.
Passed Senate 40 - 0. Passed House 65 - 1 on 3/11/17. Veto message dated 3/16/17 (Senate Executive Message No. 19). Legislature web page shows status as “law without signature” without any reference to Senate Executive Message No. 15.
https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=184&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0184.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0184CTS.pdf
https://www.nmlegis.gov/Sessions/17%20Regular/ExecMessages/senate/SEM019.pdf
SB 246
GAME AND FISH LICENSE DURATION (Stefanics)
An Act relation to Game and Fish licenses providing that they should be issued for a year (as opposed to April 1 to March 31).
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=246&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0246.PDF
SB 266
STATE GAME COMMISSION MISSION & PURPOSE (Steinborn)
An act clarifying the mission and purpose of the State Game Commission “as a public trust resource for the use and enjoyment of all New Mexicans, including future generations….” Also, language changes in section 17-2-2 Game to be Protected. Expansion of the scope of the New Mexico Department of Game and Fish.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=266&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0266.PDF
SB 267
PROTECTION OF FUR-BEARING ANIMALS & COYOTES (Steinborn)
An act relating to game and fish; amending sections of chapter 17, article 5 NMSA 1978 to protect additional animals as fur-bearers; providing for species management based on best available science; preventing the taking of coyotes without a permit. Would add coyotes and the four species of skunk to the definition of “fur-bearing animal” in NMSA 17-5-2. Tabled in SCONC.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=267&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0267.PDF
SB 268
PROHIBIT COYOTE KILLING CONTESTS (Steinborn/Moores)
An Act relating to animals; prohibiting coyote-killing contests; defining “coyote-killing contest; providing penalties. Update: 03/01/17 -- passed with bi-partisan support by SCONC on 02/16/17.
Passed Senate 26 - 15. Passed HJC with bipartisan support on March 15th. Was on House floor calendar for debate and vote, but session ended.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=268&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0268.PDF
SB284
DISPOSITION OF TRESPASSING WILD HORSES (Woods)
An act relating to livestock; enacting a new section of the livestock code to provide for disposition of horses that trespass on private land.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=284&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0284.PDF
SB 286
NM WILDLIFE PROTECTION & PUBLIC SAFETY ACT (Campos)
An act relating to wildlife; enacting the NM Wildlife Protection and Public Safety Act; providing for restrictions on the use of traps and poisons on public lands. [See also SM 100] Roll over by SCONC.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=286&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0286.PDF
SB 349
LIVESTOCK RUNNING AT LARGE (Cisneros)
An act relating to livestock: amending a section of the livestock code to provide for enforcement of livestock running at large prohibitions; repealing sections 77-14-4 through 77-14-6, 77-14-8 through 77-14-24 and 77-14-35 NMSA 1978 (Being laws 1909, chapter 146, sections 1 through 3, laws 1919, chapter 88, sections 1 through 5 and 7 through 18 and laws 1901, chapter 54, section 1, as amended) of the livestock code to eliminate unnecessary and outdated provisions from territorial law.
Passed Senate 34 - 6. Passed House 63 - 0 on 3/17/17. Signed by Governor.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=349&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0349.PDF
SB 364
LAND COMMISSION REVIEW OF NAT’L MONUMENTS (Ingle)
An act relating to public lands; amending a section of the NMSA 1978 to include the commissioner of public lands in the review of proposed changes in legislative jurisdiction over any land or other area, including national monuments; new material requiring the governor, the commissioner of public lands and the attorney general to determine if a national monument is confined to the smallest area necessary for the proper care and management of the items to be protected by the United States; authorizing litigation by the attorney general. Subsections C and D would have required the Governor, Attorney General, and Commissioner of Public Lands to conduct an independent review of any national monument designations on federal lands within the state.
Update: 03/02/17 -- SCONC “do pass” as amended on a 5 - 4 vote. The amendment struck subsections C and D from the bill.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=364&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0364.PDF
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0364CO1.pdf
SB 481
ENDANGERED SPECIES COORDINATION (Burt)
An act about endangered species. Calling for an enactment of the endangered species conservation and coordination act and implementation of a state-based research program to assess the economic impacts of the listing of a species as endangered. SCONC.
https://www.nmlegis.gov/Sessions/17%20Regular/bills/senate/SB0481.pdf
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SB0481.PDF
SJM 4
POLLINATOR-FRIENDLY PLANT LABELING PROJECT (Stewart/
A joint memorial recognizing the legislature’s support for a voluntary pollinator-friendly plant labeling project at local nurseries around the state; requesting the governor to declare the second bee aware day; requesting the director of the legislative council service to designate an area at the state capitol as a pollinator garden to help educate the public about the importance of bees and other pollinators to humans. Passed Senate 35 - 0. Passed House 53 - 0. Does not require Governor’s signature.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=JM&legNo=4&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SJM004.PDF
SJR 8
NATIONAL PARK JURISDICTION (Rue)
A joint resolution approving the cession of concurrent legislative jurisdiction to the United States over Petroglyph NP and Valles Caldera National Preserve. SCONC.
https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=JR&legNo=8&year=17
https://www.nmlegis.gov/Sessions/17%20Regular/firs/SJR08.PDF
SJR 15
RIGHT TO HUNT & FISH, CA (Muñoz)
A joint resolution proposing an amendment to article 2 of the NM constitution adding a new section to declare a constitutional right to hunt and fish. The proposed constitutional amendment states that hunting and fishing “shall be a preferred means of managing and controlling wildlife”. Creates a fundamental constitutional right to hunt and fish.
https://nmlegis.gov/Legislation/Legislation?chamber=S&legType=JR&legNo=15&year=17
SM 100
REQUESTING THE DEPARTMENT OF GAME AND FISH TO ENGAGE IN A
DIALOGUE REGARDING THE FUTURE OF TRAPPING IN NEW MEXICO. (Campos)
Senate Memorial 100 tasks the Department of Game and Fish in engaging a dialogue with interested constituents regarding the future of trapping in New Mexico. The Department of Game and Fish is requested to seek input and participation from constituents for an adequate and flexible system of managing fur-bearing and non-game animals on public lands and for the protection of public safety.https://nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=M&LegNo=100&year=17https://www.nmlegis.gov/Sessions/17%20Regular/firs/SM100.PDF
“Law without signature”
New Mexico Constitution, Article IV, Section 22
Every bill passed by the legislature shall, before it becomes a law, be presented to the governor for approval. If he approves, he shall sign it, and deposit it with the secretary of state; otherwise, he shall return it to the house in which it originated, with his objections, which shall be entered at large upon the journal;
Any bill not returned by the governor within three days, Sundays excepted, after being presented to him, shall become a law, whether signed by him or not, unless the legislature by adjournment prevent such return.
SB 184 timeline
• Passed Senate 40 - 0. Passed House 65 - 1 on 3/11/17 (Saturday)
• Veto message, no objections stated, on 3/15/17 (Wednesday), Senate Executive Message No. 15.
• Veto message for 16 bills, objections stated, on 3/16/17 (Thursday), Senate Executive Message No. 19.
• Received by Senate 3/16/17 at 5:47 p.m.
Senate Executive Message No. 15 (excerpt)
SEM No. 19 (excerpt)
Was the bill vetoed or not?
Note: This veto is not at issue in the mandamus action, State of New Mexico ex. rel. The New Mexico Legislative Council vs. Honorable Susana Martinez, Governor of the State of New Mexico, et al., set for hearing on May 15th in the New Mexico Supreme Court.