VOLUME V – February 12, 2024

THE 56TH LEGISLATURE, 2ND SESSION


Session Day: 27

Session Days Remaining: 3

Total Bills Introduced: 661

Total Bills Passed One Chamber: 79

Total Bills Passed Both Chambers: 5

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As we approach the final days of the legislative session, the urgency mounts as lawmakers work tirelessly to address critical matters before adjournment on Thursday at noon. Among the top priorities is the passage of the state budget, known as House Bill 2. As the backbone of government operations, its approval is of utmost importance to ensure the smooth functioning of essential services and programs. With time ticking away, legislators are under pressure to reach consensus and allocate resources effectively.

JOIN THE NMAR LEGISLATIVE COMMITTEE!


NMAR is accepting applications to serve as a member of the Legislative Committee.

  • Legislative Committee Members work to determine the Quality of Life Statements which guide the committee and NMAR Staff in developing the Legislative Priorities
  • The committee also uses the statements and priorities to take a position on legislation introduced by the New Mexico State Legislature


Complete applications are due on or before March 22, 2024

APPLY HERE

WHAT IS HAPPENING AT THE ROUNDHOUSE?


Find My Legislator

Legislative Leadership

New Mexico Legislature Website

Office of the Governor Website

Session Calendar

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LEGISLATION

A total of 661 bills have been filed—344 in the House of Representatives and 317 in the Senate. Below is a list of housing and real estate-related bills, a summary for each, and NMAR's position.


SUPPORT

House Bill 10 (Borrego) - Known as the Home Fire Recovery Income Tax Credit, provides a new section of the Income Tax Act to grant an income tax credit to a taxpayer who incurs qualified site-built home expenditures for a home in New Mexico to replace a prior home that was destroyed by a wildfire in calendar years 2021 through 2023.

House Bill 11 (Matthews) - Creates the Paid Family and Medical Leave Authority as an independent agency governed by a policy-making board, to administer a new program that will offer employees of private and public entities up to six weeks of compensation annually to cover family and medical leave.

House Bill 56 (Brown) - Amends the Criminal Code to clarify that trespass includes persons who knowingly enter without prior permission or remain on the lands of another knowing that the owner or lawful occupant or custodian of the lands did not provide or withdrew permission to enter or remain. Increases penalty for trespass. 

House Bill 195 (Serrato) - Amends and enacts sections of the Opportunity Enterprise Act (OEA) and changes the name of the act; allows the New Mexico Finance Authority (NMFA) to provide housing development loans; creates the Housing Development Revolving Fund; defines terms; amends the structure of the Opportunity Enterprise Review Board and changes its name; provides duties; requires rulemaking; amends requirements for opportunity enterprise loans; and requires reporting.

House Bill 260 (Montoya) - Requires the New Mexico Mortgage Finance Authority (NMFA) to conduct a study on affordable housing and makes an appropriation.

House Bill 261 (Montoya) - Increases the amount invested that qualifies for the Affordable Housing Tax Credit from 50% to 100% in a housing project.

Senate Bill 7 (Rodriguez) - Appropriates five hundred million ($500,000,000) to the New Mexico Housing Trust Fund. The Mortgage Finance Authority Act Oversight Committee sought introduction of this bill.

Senate Bill 31 (Gonzales) - Proposes a financial allocation to support the Affordable Housing Act through the New Mexico Mortgage Finance Authority. The funds are intended to be used to carry out the objectives of the Affordable Housing Act, focusing on initiatives to make housing more accessible and affordable within the state.

Senate Bill 212 (Maestas) - Requires regional housing authorities to develop and implement an affordable housing plan for the following five years.

Senate Bill 216 (Rodriguez) - Amends the New Mexico Finance Authority Act (NMFAA) to provide financing for affordable housing projects; amends the definitions of "public project" and "qualified entity"; and amends the local government planning fund.

 

OPPOSE

House Bill 6 (Chandler) - Proposes the Paid Family and Medical Leave Act; creates a temporary Paid Family and Medical Leave Implementation Advisory Committee in the Workforce Solutions Department and the Paid Family and Medical Leave Fund.

House Bill 24 (Cates) - Amends property law relating to condominiums to require that by July 2, 2024, at least 55 percent of units of condominiums are owner-occupied and to require at least 35 percent of the members of the governing body of associations that manage a condominium own and occupy units within that condominium.

House Bill 25 (Cates) – Amends the Human Rights Act to include “source of income” as a protected class. Would make it an unlawful discriminatory practice, under the state’s Human Rights Act, to discriminate against any person in the terms, conditions or privileges of the sale, rental, assignment, lease or sublease of any housing accommodation or real property based on a renter’s or buyer’s source of income.

House Bill 247 (Chandler) - Modifies notices of property valuations forms and repeals a statute that presumes property to be classified as nonresidential.

House Bill 305 (Parajon) - Would prohibit a homeowner association from assessing a fee on the sale of a lot or real property by a lot owner in the association’s development.

House Joint Resolution 4 (Ferrary) - Proposes to amend the constitution of NM Article 2 by adding a new section that provides the people of the state with environmental rights and directs the state, counties, and municipalities to serve as trustees of the state’s natural resources for the benefit of all the people.

Senate Bill 3 (Stewart) - Proposes the Paid Family and Medical Leave Act; creates a temporary Paid Family and Medical Leave Implementation Advisory Committee in the Workforce Solutions Department and the Paid Family and Medical Leave Fund. 

Senate Bill 186 (Lopez) - Repealing the prohibition on political subdivisions and home rule municipalities from enacting rent control for privately owned real property in the state of New Mexico.

Senate Bill 207 (Wirth) - Authorizes an occupancy surtax on certain short-term rentals (STR). Requires local governments to impose the surtax and use the proceeds to support the cost of affordable housing. Modifies the form requirements for notice of evaluations to property owners and repeals a statute that requires property be presumed nonresidential.

Senate Joint Resolution 8 (Sedillo-Lopez) - Proposing to amend the constitution of NM by adding a new section of article 2 that provides the people of the state with environmental rights, including the right to clean and healthy air, water, soil, native ecosystems and environments, including a safe climate, and directs the state, counties and municipalities to serve as trustees of the natural resources of NM for the benefit of all the people.

Senate Joint Resolution 18 (Pirtle) - Proposes a constitutional amendment to Art. 8, Sec. 1, of the Constitution to allow the percentage of value of agricultural property owned by a foreign nation against which property tax rates are assessed to be at a higher rate as provided by law.

Senate Memorial 10 (Neville) – Requests the NM Association of Counties to convene statewide meetings with community members and county assessors to create sound legislation based on principles of good tax policy, treating residential and nonresidential property fairly and equitably to correct disparities in valuation to benefit economic development for all property owners. Resolves that legislation be proposed to limit annual property tax valuation increases and address impacts on the transfer of property in farming and ranching communities.

 

MONITOR

House Bill 139 (Cates) - Enacts the Professional Recruitment and Retention Housing Loan for Service Act (PRRHLS); provides for program administration by the New Mexico Mortgage Finance Authority (NMMFA); provides loans for service to professionals for expenses related to the purchase of a home; conditions loans on practice in New Mexico; and provides terms for repayment.

House Bill 293 (Anyanonu) - Amends Affordable Housing Act to authorize NMFA to create a creditworthiness assistance grant program for individual and nonindividual qualifying grantees. Allows the state and its subdivisions to participate through donations to the program. Creates the Creditworthiness Assistance Fund.

Senate Bill 4 (Griggs) - Increases the Occupancy Tax (Lodger’s Tax Act) and modifies the uses of the tax to include quality-of-life facilities and allows bond issue to help defray the cost of the facilities.

Senate Bill 9 (Neville) - Transfers three hundred million dollars ($300,000,000) to the Conservation Legacy Permanent Fund for the purposes of the fund and makes an appropriation.

Senate Bill 71 (Padilla) - Creates the office of housing, providing powers and duties, providing for the development, and updating of the state housing plan, and adding the director of the office of housing to the New Mexico Mortgage Finance Authority.

Senate Bill 111 (Hemphill) - Appropriates $840,000 for FY2025 to the Department of Environment to provide resources to protect water in the state through additional monitoring and enforcement of existing regulations; and conduct additional mapping to better understand how changes to the federal Clean Water Act affect water in the state.

Senate Bill 172 (McCutcheon) - Repeals Sec. 68-2-12 of the Forest Conservation Act, which authorizes the Forestry Division of the Department of Energy and Natural Resources to acquire land or an interest in land in the name of the state by gift or purchase, with approval of the Commissioner of Public Lands.

Senate Bill 173 (McCutcheon) - Abolishes authority for the acquisition or conservation or agricultural easements by the Energy, Minerals and Natural Resources Department or under the auspices of the Natural Heritage Conservation Act.


Learn more about legislation by searching for the bill HERE.

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LEGISLATIVE PRIORITIES


HOUSING INVENTORY

REALTORS® advocate for an increased housing inventory across New Mexico. REALTORS® support the creation of workforce housing, including affordable housing for veterans and seniors. REALTORS® support programs to curtail unsheltered homelessness.

RENT CONTROL

REALTORS® oppose legislation that would seek to repeal the rent control prohibition in New Mexico. REALTORS® support legislation that encourages the construction of rental dwellings across New Mexico.

TAX POLICY

REALTORS® support fair property tax assessments and equitable tax policy. REALTORS® oppose transfer taxes on the sale or transfer of real property.

ECONOMIC DEVELOPMENT

REALTORS® support legislation that provides jobs and encourages investment. REALTORS® advance initiatives that support a healthy economy in New Mexico. REALTORS® support statewide broadband availability.

WATER

REALTORS® support legislation that ensures that the availability and quality of water meet the needs of New Mexico and its people.

TEXT "REALTORS" TO 30644 TO STAY UP TO DATE

David C. Saavedra

Government Affairs Director

davids@nmrealtor.com

(505) 467-6303

Throughout the session, NMAR will release a new volume of the Legislative Update every Monday. Members are encouraged to stay up to date with NMAR legislative priorities and respond to Calls for Action when they are sent out.


The New Mexico Association of REALTORS® is the largest professional trade association in the state, with 7,500+ REALTOR® members living and doing business in every New Mexico legislative district.


Visit our website to learn more about NMAR Advocacy efforts www.nmrealtor.com.

THE VOICE FOR REAL ESTATE IN NEW MEXICO

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