Transcription
Summary of2007 LAWSof Interest toMunicipalitiesMay, 2007
2007 by the New Mexico Municipal LeagueP.O. Box 846Santa Fe, New Mexico 87504-0846Street Address: 1229 Paseo de PeraltaTelephone: (505) 982-5573FAX: (505) 984-1392Toll-Free: 1-800-432-2036www.nmml.org
PREFACENew Mexico Chapter Laws are numbered in the order in which the Governor signs them. If oneor more chapters amended the same section of existing statutes, the version that becomes law isthe version in the last bill signed.The Governor has line-item veto power over bills containing appropriations. Partial vetoes aredesignated by striking through the deleted language.The designation “CS/” or “FL/” before a bill means “Committee Substitute” or “FloorSubstitute” indicating that a House or Senate Committee or the entire House or Senate, during afloor session, passed a rewritten version in place of the original bill.The effective date of the signed bill is shown at the end of the chapter summary. Unless aspecific effective date is listed in the bill, it is effective 90 calendar days after the close of thesession (June 15 this year) or, if it is an appropriation, on July 1, the beginning of the new fiscalyear. Bills with an emergency clause (*) become effective on the date signed by the Governor.Proposed Constitutional Amendments (CA) are in the form of joint resolutions passed by bothhouses and are numbered in order of final passage. They do not require the Governor’ssignature, but are enacted if they receive voter approval by a majority vote at a statewide generalor special election.Joint Resolutions and Memorials are expressions of intent and usually request state agencies orcommittees to perform some task and report back to the Legislature. They have passed bothhouses, but do not require the Governor’s signature. Memorials are also expressions of intent orrequest for some action but need only pass the house in which they were introduced. They donot require the Governor’s signature.All bills that were vetoed by the Governor this year are reported at the end of the Summary. A“pocket veto” designation means the Governor took no action on the bill within the required timelimit. This effectively vetoes the measure.Santa Fe, New MexicoMay, 2007
2007 SUMMARY OF LAWS SUBJECT INDEXSubjectChapterPageALCOHOL AND DRUGSAllow Removal of Partially Consumed WineCompassionate Use of Medical Marijuana78210816CAPITAL OUTLAYCapital Outlay ProjectsSeverance Tax Bond ProjectsCapital Outlay Projects: ReauthorizationsUnexpended Capital Outlay Projects242 (pv)334341152426CONSTITUTIONConstitutional Amendment 1:Midterm Salary Increase for County Officials30CRIMES AND PENALTIESProhibit CockfightingRoadside Memorial Desecration PenaltiesCriminal Sexual Communications with a ChildChild Solicitations by Electronic DeviceCriminal Sexual Penetration of a ChildProhibit Certain Uses of Images of ChildrenIncrease Domestic Violence Probation TimeRoadside Memorial Desecration Penalties12-Month Embezzlement I Recidivism Reduction ProgramsOther States’ Conviction for LicensingInterlocks for Certain Out-of-State DriversTest Results Three Hours After Driving20131631732216222223ELECTIONSState Election Code: Signed Statement to WithdrawState Election Code: Procedure RevisionsState Election Code: Various Changes274336337202525EMPLOYMENTBreast Pump Use in WorkplaceIncrease State Minimum WagePeace Officer Supplemental Death BenefitsUnemployment Payment Rate IncreaseFirefighters’ Survivors Supplemental BenefitsFirefighters’ Survivors Fund DistributionsLaw Enforcement Employee Benefits18475913714915425815611121319i
SubjectChapterPageENVIRONMENTDee Johnson Clean Indoor Air Act201FINANCE, PUBLICState Agency ExpendituresNMFA Project Revolving Fund ProjectsMainStreet Revolving Loan ActNMFA: Water Fund ProjectsFire Protection Grant Fund TransfersEstablish Linked Deposit SystemRepeal DWI Program FundDeposit of Public MoniesState Aviation Fund Distributions & UsesState Aviation Fund Distributions & UsesRural Infrastructure Loan Cap & RateWastewater Facility Construction Loan FundJuvenile Continuum Grant Fund21 172121262626GOVERNMENT OPERATIONSAnimal Sheltering Services ActRural Library Development ActMunicipal Deposit of Public MoneyAdoption of Municipal Codes by ReferenceAlternative Dispute Resolution DepartmentJail Contract DurationsHospitality Fee Act Repeal DateReal Property Electronic Recording l Government Affordable HousingRegional Housing Law AmendmentsPublic Housing Authority Audits49502405618INSURANCE, LIABILITY AND HEALTH CAREWildland Firefighter Criminal LiabilityHealth Insurance: Colorectal Screening CoverageInsurance Coverage for Certain DisordersCertain Tort Claims Maximum Liability AmountDistributions to Retiree Health Care FundConservancy District Liability ImmunityDental Surgery Insurance CoverageLimited Immunity for Seeking Overdose AssistanceLiability for Costs of Fighting Forest Fires16171071211682072182603321110111416161924LAND USE, PLANNING AND ZONINGSolar Collector Construction StandardsArts and Cultural Districts Act38160413ii
SubjectChapterPageLand Use, Planning and Zoning continuedSolar Rights Act DefinitionsMulti-generational Housing in Some DistrictsRepeal Certain Eminent Domain StatutesRepeal Certain Eminent Domain Statutes23227032933017202324LAW ENFORCEMENT AND PUBLIC SAFETYCreate Uniform Crime Reporting SystemChild Helmet Safety ActCourt Protection Orders DatabaseIdentify Minors & Dependents Upon ArrestPublic Disclosure of Child InformationEndangered Person AdvisoriesConcealed Handguns in Certain BusinessesPRC Fire Marshal DivisionLaw Enforcement Locating Missing ChildrenDomestic Violence Homicide Review TeamDefine Permissible FireworksHomeland Security & Emergency Management 920MISCELLANEOUSBolo Tie as Official New Mexican TieHorse Racing Licensure & RegulationStatutory Language ReconciliationsAlbuquerque Science & Engineering FairOfficial Answer of New MexicoFirefighters’ Remembrance DayInfo Technology Commission Members103946521792412891456151820MOTOR VEHICLESFemale Veterans Licenses PlatesChild Adoption Awareness PlatesPedestrian Right-of-Way in CrosswalksCumbres & Toltec Railroad License PlatesState Police Authority to Close HighwaysFree National Guard License PlatesMotor Vehicle Code AmendmentsCommercial Driver’s License RequirementsInterlock Program ConfidentialityTraffic Camera & Signal Warning MUNICIPAL FACILITIESMunicipal Lease of Hospitals19615PROCUREMENTRepeal Retainage ActDisclosure of Campaign ContributionsPublic Works Subcontractor Bonding213234265161719iii
SubjectChapterPageProcurement continuedMultiple Source ContractsRaise Small Purchase LimitsProhibit Certain Acts by Public Officials312315362212227PUBLIC WORKSRevise Pipeline One-Call Notification System17714TAXATIONGRT: Deductions for College Special EventsLocal Hospital Gross Receipts Tax EligibilityLiquor Tax Distribution to Local DWI FundGRT: Municipal Higher EducationProperty Tax Exemption for Veterans’ OrganizationsGRT: Deductions for Military Mission TransitionCigarette Tax Definitions and Tax RateGRT: County Regional TransitGRT: Exemption for Disabled Street VendorsGRT: Bonds for Mesa del Sol ProjectGRT: Bonds for Mesa del Sol ProjectGRT: Municipal Tax Aggregate IncreaseGRT: Water & Sanitation District AuthorityGRT: Deduction for Health Care 8111213141515182121242626WATER ISSUESWater Trust Board Membership & ChairpersonStrategic Water Reserve InfrastructureState Engineer Compliance Order EnforcementLocal Government Water PreservationWater Quality Control Commission Members731821201831381015RESOLUTIONS AND MEMORIALS27VETOED BILLS32iv
2007 SUMMARY OF NEW MEXICO LAWSof Interest to MunicipalitiesChapter 2 (pv)*SB 710Chapter 6SB 10Chapter 7HB 53Chapter 10HB 115Chapter 16HB 507Chapter 17HB 510Chapter 18HB 613Chapter 20CS/HB 283CAPITAL OUTLAY PROJECTS – GF (Sanchez, M.). Appropriates money from the GeneralFund for numerous municipal projects. A summary may be found at the New Mexico Legislature’sweb site at http://legis.state.nm.us under Capital Outlay. EMERGENCY CLAUSE. Effective 3/1/07.PROHIBIT COCKFIGHTING (Garcia). Amends §30-18-9 to prohibit cockfighting in NewMexico; makes it unlawful to train, equip or sponsor a cockfight for monetary gain or entertainment.Effective 6/15/07.WATER TRUST BOARD MEMBERSHIP & CHAIRPERSON (Nunez). Amends §72-4A-4.Increases the Water Trust Board from 15 to 16 members by adding the Secretary of Finance andAdministration or designee; provides for designees for the other specified members; provides forelection of the Board chair by a quorum of the members. Effective 6/15/07.BOLO TIE AS OFFICIAL NEW MEXICAN TIE (Tripp). Adopts the bolo tie as the official tie ofNew Mexico. Effective 6/15/07.WILDLAND FIREFIGHTER CRIMINAL LIABILITY (Gardner). Provides that employees oragents of governmental entities who authorize volunteer firefighters not certified according to nationalwildland firefighting standards to respond to wildland fires shall not be subject to criminal liabilitysolely for allowing those volunteer firefighters to engage in firefighting activities. Effective 6/15/07.HEALTH INSURANCE: COLORECTAL SCREENING COVERAGE (Barreras). Enacts onenew section of Chapter 59A-22 & 24. Requires that individual, blanket or group health insurancepolicies, health care plans and HMOs provide coverage for colorectal screening as determined by thehealth care provider in accordance with the evidence-based recommendations established by theUnited States Preventive Services Task Force; coverage may be subject to deductibles and coinsuranceconsistent with those imposed on other benefits under the same policy. Effective 6/15/07.BREAST PUMP USE IN WORKPLACES (Picraux). Enacts a new section to require employers,including the state and its political subdivisions, to provide a space for using a breast pump by nursingmothers that is: clean and private; near the employee’s workplace, not a bathroom, and to provideflexible break times. The employer shall not be liable for: storage or refrigeration of breast milk,payment for a nursing mother’s break time in addition to established employee breaks; or, payment ofovertime while a nursing mother is using a breast pump. Effective 6/15/07.DEE JOHNSON CLEAN INDOOR AIR ACT. Amends §§24-16-1, 3 & 4; enacts 9 new sections.Renames the Clean Indoor Act as the Dee Johnson Clean Indoor Air Act, in honor of the former FirstLady. Prohibits smoking in any indoor workplace or indoor public place, or in buses, taxicabs or othermeans of public transit not specifically exempted by this Act; defines “indoor public place” as the1
enclosed area in any governmental or nongovernmental place to which the public is invited orpermitted regardless of whether work of public business, meetings or hearings occur at any given time;“indoor workplace” is any enclosed place where one or more persons engage in work, including areassuch as lobbies, offices, meeting rooms, break rooms, hallways, elevators and restrooms. Areas wheresmoking is permitted are: private residences, except during business hours when used for child, adultor health care; retail tobacco stores; cigar bars, tobacco factories, licensed gaming facilities; stateapproved smoking cessation program and tobacco research sites; designated outdoor smoking areas;private clubs, privately hired limousines; hotel or motel rooms designated as smoking permittedrooms; enclosed areas within restaurants, bars, hotel and motel conference or meeting rooms whilebeing used for private functions; sites used in connection with Native American ceremonies inaccordance with federal law; businesses with fewer than two employees, with certain conditions; and,motion picture sets when necessary as part of the production. No more than 25% of smoking rooms inhotels and motels may be designated as smoking rooms. Prohibits smoking near entrances, windowsand ventilation systems of all workplaces and public places where smoking is prohibited by this Act;outdoor smoke-free areas must be of sufficient distance to ensure that persons entering and leaving arenot subjected to the smoke and to ensure the smoke does not enter the building; requires employers toadopt, implement, post and maintain a written smoking policy pursuant to this Act; requires employersto post signs designating no smoking and smoking permitted areas and sets requirements for theirposting. Local fire, police and sheriff’s departments shall enforce the Act by issuing citations; allowspersons to register complaints regarding violations with local law enforcement; authorizes lawenforcement to inspect establishments for compliance with the Act; makes it unlawful for buildingowners or managers to violate provisions of the Act, but they are not subject to a penalty as long asthey have posted signs, implemented policy, and informed the person smoking that they are inviolation; establishes penalties for persons 18 years of age or older as follows: first violation – fine ofup to 100; second violation within 12 months – up to 200; and third and subsequent violationswithin 12 months – up to 500. Prohibits retaliation by employers against an employee for exercisingany rights under the Act. The Act does not preempt or preclude specific provisions of municipal orcounty ordinances, provided that the provisions are inclusive of all minimum standards and provisionsfor smoke-free areas in this Act; repeals Sections 24-16-5 through 11 of the current Clean Indoor AirAct. Effective 6/15/07.Chapter 21 (pv)CS/SB 611STATE AGENCY EXPENDITURES. Makes appropriations from different funds to state agenciesfor the following local projects: Alamogordo - 57,500 for the Flickinger Center for Performing Arts;Albuquerque - 50,000 to promote economic development and revitalization of the West CentralCorridor by contracting with a community organization and 10 neighborhood associations; 40,000 fora science fair; 40,000 for community policing rapid response; 45,000 for outreach programs at theChildren’s Museum; 65,000 for a summer ballet program; 25,000 for the shooting range park;Columbus - 100,000 for ambulance and emergency services; Cuba - 75,000 to contract forambulance services; Española - 15,000 to plan a promote a fiesta; Encino - 12,000 to pay forbookkeeping and accounting services; Farmington - 104,000 for education and sports programs;Estancia - 40,000 for a trolley operational expenses; Las Cruces - 20,000 for community youthprograms; 30,000 for homeless veterans shelter services; Los Ranchos de Albuquerque - 25,000for fetal alcohol awareness media campaign; Mesilla - 50,000 for the annual border book festival;Northwest Council of Governments and South Central Council of Governments - 20,000 todevelop regional transit plans; Northwest Council of Governments - 50,000 to develop a regionaltransit plan; 35,000 to develop a native heritage scenic byways plan; Pecos - 25,000 to updatetechnology and train staff; 60,000 for an ambulance; Roswell - 30,000 for a youth center operationalexpenses; 30,000 for domestic violence shelter operations; Ruidoso Downs - 43,700 for domesticviolence programs; Santa Fe - 50,000 for the International Folk Art Market; 50,000 to contract witha children’s museum for children’s art and education programs; 75,000 to support performances of2
traditional and contemporary Native American performing arts; Tijeras - 30,000 for Los Vecinoscommunity center; Statewide - 192,000 for animal sheltering services; 100,000 for the SpaceportAuthority operational expenses; 50,000 for MainStreet Program operational expenses. Effective6/15/07.Chapter 31SB 886Chapter 32*HB 24STRATEGIC WATER RESERVE INFRASTRUCTURE (Cisneros). Authorizes the InterstateStream Commission to develop, construct, operate and maintain infrastructure for a strategic waterreserve. Effective 7/1/07.NMFA PUBLIC PROJECT REVOLVING FUND PROJECTS (Varela). Authorizes the NewMexico Finance Authority to make loans from the Public Project Revolving Fund for the followingmunicipal projects: Alamogordo: roads and infrastructure; Albuquerque: roads and infrastructure;Angel Fire: roads, building, equipment, refinancing and infrastructure; Artesia: equipment, building,infrastructure, refinancing, water, wastewater, water rights, solid waste, road and land projects; Aztec:equipment, building, infrastructure, refinancing, water, wastewater, water rights, solid waste, road andland projects; Carrizozo: building, equipment, road and infrastructure projects; Bayard: equipment,building, infrastructure, land, road and refinancing; Belen: roads, equipment, building, refinancingand infrastructure; Bernalillo: roads, water rights and infrastructure; Bosque Farms: roads andinfrastructure; Capitan: roads, building and infrastructure; Chama: equipment, building,infrastructure, refinancing, water, wastewater, water rights, solid waste, road and land projects;Cimarron: roads and infrastructure; Clayton: roads and infrastructure; Cloudcroft: roads andinfrastructure; Clovis: roads and infrastructure; Columbus: equipment, land, building, infrastructure,refinancing, road and water projects;Des Moines: equipment, building, refinancing andinfrastructure; Deming: equipment, building, infrastructure, refinancing, land, road and water projects;Dexter: roads and infrastructure; Eagle Nest: roads, building, equipment, refinancing andinfrastructure; Elida: roads and infrastructure; Espanola: equipment, building, infrastructure,refinancing, water, wastewater, water rights, solid waste, road and land projects; Estancia: roads,building and infrastructure; Eunice: roads and infrastructure; Farmington: roads, building,equipment, refinancing and infrastructure; Fort Sumner: roads and infrastructure; Gallup: roads,equipment, building, refinancing, land and infrastructure; Grants: roads, building, equipment,refinancing and infrastructure; Hatch: roads, equipment, building and infrastructure; Hope: roads andinfrastructure; House: roads and infrastructure; Hurley: roads and infrastructure; Jal: roads andinfrastructure; Jemez Springs: roads and infrastructure; Lake Arthur: building, equipment andinfrastructure projects; Las Cruces: equipment, building, infrastructure, refinancing, water,wastewater, water rights, solid waste, road and land projects; Las Vegas: roads and infrastructure;Lordsburg: equipment, building, infrastructure, water, roads and refinancing; Los Alamos: roads andinfrastructure; Los Lunas: roads, building, equipment, refinancing and infrastructure; Los Ranchosde Albuquerque: roads, building, land, equipment and infrastructure; Lovington: roads andinfrastructure; Mesilla: roads, equipment, building and infrastructure; Milan: roads and infrastructure;Moriarty: roads and infrastructure; Mosquero: roads and infrastructure; Mountainair: roads andinfrastructure; Pecos: roads and infrastructure; Questa: roads, building, and infrastructure; Raton:roads and infrastructure; Red River: roads and infrastructure; Rio Rancho: roads and infrastructure;Roswell: roads, building, equipment, refinancing and infrastructure; Roy: roads and infrastructure;Ruidoso Downs: roads and infrastructure; Santa Clara: equipment, building, infrastructure,refinancing, water, roads and land; San Ysidro: roads and infrastructure; Santa Fe: roads andinfrastructure; Santa Rosa: roads and infrastructure; Silver City: equipment, building, infrastructure,refinancing and roads; Socorro: roads and infrastructure; Springer: roads and infrastructure; SunlandPark: roads, equipment, building, and infrastructure; Taos: equipment, building, infrastructure,refinancing, water, wastewater, water rights, solid waste, road and land projects; T or C: roads and
Albuquerque Science & Engineering Fair 52 6 . Interlock Program Confidentiality 324 23 Traffic Camera & Signal Warning System 368 27 MUNICIPAL FACILITIES Municipal Lease of Hospitals 196 15 . GRT: Deduction for H
