NM Legislature Weekly Roundup: Week of Feb. 25 – Mar. 1, 2013

Posted on 03. Mar, 2013 by Stephan Helgesen in Politics

The following information was submitted by the New Mexico State Senate Republican Office and is presented in the order from the newest to the oldest…

Recent Committee action on following Republican Senate Bills:

· SB0396a AMERICAN-MADE VEHICLES IN PROCUREMENT CODE (Sen. Neville) SJC DP 6-1 goes to Senate Floor.

· SB0020 RAISE PROBATION COSTS FOR DEFENDANTS (Sen. Neville) SJC DP 8-0 goes to Senate Floor.

· SB0094cs PENALTIES FOR NO BOAT FLOATATION DEVICES (Sen. Sharer) SJC DP 8-1 goes to Senate Floor.

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Recent Committee action on following Republican Senate Bills:

SB0412aa UPDATE MODEL ACTS OF INSURANCE CODE  (Sen. Leavell) SJC DP w/o rec 5-3 goes to Senate Floor.

SB 321 UTILITY CHARGES FOR CERTAIN SCHOOLS (Sen. Payne) SCORC DP 6-0 Next to Senate Floor.

SB418 TEACHER LICENSURE CONTENT KNOWLEDGE (Sen. Kernan) SEC DP 9-0 Next to SJC.

SB464 SCHOOL DISTRICT FUNDING FLEXIBILITY (Sen. Kernan) SEC DP 8-0 Next to SFC.

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Senate Passes 37-2

Over $16 BILLION in State Funds to be Better Secured

After years of Pay- to- Play Scandals

SB 9aaa – State Investment Council Changes

Sponsor:  Senator Steven Neville

Soundbite at: http://youtu.be/rDNzTpg7bgk

Senate passed 37-2, goes to House

To end pay-to-play scandals

12 member board gives more oversight to Legislature

Members have 10 or more years finance experience

No felons, crimes of moral turpitude

State Investment Officer can still hire consultants

(Santa Fe) The Senate Passed SB 9aaa.  Over 16 billion dollars in state permanent funds,   yes billion with a “B, ” should become  better secured and better invested for future generations with the changes proposed by Senator Steve Neville. (R-Farmington.)  The years of “Pay-to- Play” Scandals for the State Investment Council are to end.

“The days of seeing “Pay to Play” headlines regarding the billions of dollars in State Investment Council  (SIC) need to end. With the improvements in my bill, the public can rest assured that these billions in our permanent funds will be in place to help generate funds for future generations,” Senator Neville said.  “These billions  cannot be tampered with, they cannot be inappropriately invested, they need better oversight. They should receive this with the changes we are proposing for the State Investment Council.”

SB 9 – State Investment Council Changes would  change the State Investment Council’s membership composition and appointment process. There would be more oversight by the legislature. The bill would add member eligibility requirements and clarify operating procedures.  It also allows the SIC to invest funds in the Small Business Investment Corporation.

MEMBERSHIP COMPOSITION Under Senator Neville’s Bill includes some current appointments, plus some new appointments. The changes in appointments include four from the legislature:

one public member appointed by the President pro tempore; must be confirmed by Senate

one public member appointed by the minority floor leader of Senate; must be confirmed by Senate

one public member appointed by the Speaker of the House; must be confirmed by Senate

one public member appointed by the minority floor leader of the House; must be confirmed by Senate

5-8 Increases from two members  to four members appointed by the Governor, but no more than two from same political party  and they  must be confirmed by Senate.

The following positions currently on the SIC would remain:

9- Governor or person appointed by the Governor; if appointed must be confirmed by Senate

10- State Treasurer or person appointed by the Treasurer; if appointed must be confirmed by Senate

11- Commissioner of Public Lands or person appointed by the Commissioner; if appointed must be confirmed  by Senate

12  Dept. of Finance and Administration (DFA) Secretary.

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Senate Passes: Public Schools to be Paid for Teaching

Part-time Home Schooled Students

SB 302aa Home Student Program Units

Senator Craig Brandt (R-Rio Rancho)

Soundbite Avail: http://youtu.be/SBDgv1lini4

· Senate Passes 29-10, goes to House

· Allows home schooled students to take one or more classes in all public schools

· Public schools cannot deny home schooled students to take part-time courses

· Ensures schools receive state funding for those part-time home school students

Santa Fe—The New Mexico State Senate passed a bill to allow home schooled students to take one or more classes in all  public schools in the state. And the bill  would ensure schools would be able to receive state funding for those part-time home schooled students. SB 302aa passed 29-10. It is  sponsored by Senator Craig Brandt (R-Rio Rancho) and goes to the House.

“Currently, not all school districts allow home schoolers to take one or two courses in their schools because the state does not fund those home schoolers,” Senator Brandt said. “That will change under my bill, home schoolers will be allowed to take one or more courses and public school districts will receive funding for those students they teach in their public classrooms. It is only fair.”

Senator Brandt said currently, public schools do not receive any state funding for students who are taught at home.

While a Rio Rancho School Board member, Senator Brandt tried to ensure that all  home schoolers had access to Rio Rancho public schools, but they were denied it by the rest of the school board. “Right now home schoolers cannot take one class in the Rio Rancho school district.  I am committed to working  on this funding issue so all New Mexico public schools will teach all of our children, as required in the State Constitution.

“It will encourage home schoolers to take courses such as chemistry or biology that might be more challenging  to be taught at home while it compensates the schools for taking in these students,” Senator Brandt said. “I believe the students will feel more welcomed in the classroom if the school district receives the additional funding.”

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Correction of Bill Name:

· SB 544 BAIL BONDS FOR FULL AMOUNT OF BAIL (TORRACO) SCORC DP wo rec 9-0 on to SJC

Committees took action Wednesday PM on following Republican Senate Bills:

SB0396a AMERICAN-MADE VEHICLES IN PROCUREMENT CODE (Sen. Neville) SJC tabled 3-3

Committees took action Wednesday on the following Republican Senate Bills:

· SB0455aa TRAFFIC TICKET COUNTY JURISDICTION (Sen. Pirtle) SJC DP 9-0 goes to Senate Floor

· SB 518 TAX DISTRIBUTION & TRANSFER CORRECTIONS (INGLE) DP wo rec SCORC 8-0 on to SFC

· SB284a VALUATION OF RENEWABLE ENERGY EQUIPMENT (Leavell)S FC DP 7-0 to Sfloor

· SB340 $10 MILLION MINIMUM DESIGN & BUILD PROJECTS (Ingle) SFC DP 8-0 to Sfloor

· SB 341 BUILDING & REMODEL CONTRACT THRESHOLD AMOUNT (Ingle) SFC DP 9-0 to Sfloor

· SB572 RENOVATION & CONSTRUCTION OF STATE OFFICES (Ingle) SFC DP 8-0 to Sfloor

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Committees took action Wednesday on the following Republican Senate Bills:

· SB0455aa TRAFFIC TICKET COUNTY JURISDICTION (Sen. Pirtle) SJC DP 9-0 goes to Senate Floor

· SB 518 TAX DISTRIBUTION & TRANSFER CORRECTIONS (INGLE) DP wo rec SCORC 8-0 on to SFC

· SB 544 RAISE MINIMUM WAGE (TORRACO) SCORC DP wo rec 9-0 on to SJC

· SB284a VALUATION OF RENEWABLE ENERGY EQUIPMENT (Leavell)S FC DP 7-0 to Sfloor

· SB340 $10 MILLION MINIMUM DESIGN & BUILD PROJECTS (Ingle) SFC DP 8-0 to Sfloor

· SB 341 BUILDING & REMODEL CONTRACT THRESHOLD AMOUNT (Ingle) SFC DP 9-0 to Sfloor

· SB572 RENOVATION & CONSTRUCTION OF STATE OFFICES (Ingle) SFC DP 8-0 to Sfloor

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Letter to the Editor

Not a Prediction, a Guarantee: State Loses Greatly if SB 547 Ruins New Mexico’s Oil and Gas Industry

This will do it. SB 547 will ruin New Mexico’s oil and gas industry. It is more than a prediction, it is a guarantee.

SB 547 prohibits the oil and gas industry from being able to produce the tax revenue our state so heavily depends on. The industry provides upwards of 30% of the revenue our state relies on to fund schools, roads, public safety and healthcare.

SB 547 prohibits hydraulic fracturing in horizontally drilled wells. Currently, a vast majority of the oil and gas comes from hydraulic fracturing. If this technology is banned in horizontal wells by SB 547, the bill kills the economic future of New Mexico.  SB 547 will eliminate nearly all of the drilling in New Mexico and any future drilling. New production will not take place. Companies with high paying jobs will close down, companies with even higher paying won’t consider relocating here.  There will be reduced future production to tax to pay for schools, roads, public safety and healthcare.

The bill, sponsored by Senator William Soules of Las Cruces, is being presented by a Senator with little knowledge of the oil patch areas of New Mexico.  I appeal to those New Mexicans who understand that New Mexico cannot afford to lose these revenues.  Our state has barely begun a recovery from the recent hard times and we cannot afford to lose any revenues now or in the future.  Consider the number of private industry high-paying and middle income jobs that will be lost if this industry is shut down.  That takes personal income tax right out of the state’s coffers as well.

This bill is on the calendar for Senate Conservation.  If it passes, kiss goodbye the 30,000 high paying jobs directly attributed to oil and gas activity in the state. Kiss goodbye funding for schools, roads, public safety and healthcare in the state. Kiss goodbye our economic future.

Senator Lee S. Cotter

Room 416C State Capitol Building

Old Santa Fe Trail

Santa Fe, NM 87505

Tuesday, February 27, 2013

505-986-4377

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Senate Passed Bill to Require Assisted Living  Contract Refund Policy

Senate Bill 335/ec Assisted Living Facility Contract Refunds

Passed Senate 40-0

CORRECTION is underlined

Santa Fe- A bill that passed the Senate, House Committees and was placed on the House floor calendar when time ran out in the session last year, passed the New Mexico State Senate unanimously again this session. The Bill 335/ec  requires a refund policy for contracts with assisted living facilities when a resident dies, it passed the Senate 40-0.

Senate Minority Leader Stuart Ingle (R-Portales) sponsored the legislation that requires contracts to include a prorated refund policy effective when the resident has died and the personal effects have been removed from the assisted living facility.

Senator Ingle sponsored the legislation originally last year after being contacted by a family whose loved one died a day after the family had paid a full month’s assisted living rent and the facility  would not refund any of the rent, even after it had rented the room to another resident. “The family did not get one dime back,” Senator Ingle said on the Senate floor today.

Senator Ingle has said, “This situation really touched me.  I just cannot believe a business can behave this way. I talked to a number of assisted living facility directors who do have policies to refund the rent.  But for those who do not have such policies, we need a law to require this refund policy. I  just felt like something needed to be done.”

It now goes to the House for consideration. There is an emergency clause on the bill.

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Senate Passed Bill to Require Assisted Living  Contract Refund Policy

Senate Bill 335/ec Assisted Living Facility Contract Refunds

Passed Senate 40-0

Santa Fe- A bill that passed both chambers last year, but did not get through the process, passed the New Mexico State Senate unanimously again this session. The Bill 335/ec requires a refund policy for contracts with assisted living facilities when a resident dies, it passed the Senate 40-0.

Senate Minority Leader Stuart Ingle (R-Portales) sponsored the legislation that requires contracts to include a prorated refund policy effective when the resident has died and the personal effects have been removed from the assisted living facility.

Senator Ingle sponsored the legislation originally last year after being contacted by a family whose loved one died a day after the family had paid a full month’s assisted living rent and the facility  would not refund any of the rent, even after it had rented the room to another resident.

“The family did  not get one dime back,” Senator Ingle said on the Senate floor today.

Senator Ingle has said, “This situation really touched me.  I just cannot believe a business can behave this way. I talked to a number of assisted living facility directors who do have policies to refund the rent.  But for those who do not have such policies, we need a law to require this refund policy. I  just felt like something needed to be done.”

It now goes to the House for consideration. There is an emergency clause on the bill.

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Senate Education Passed Bill to Keep Students  on Track or Risk

Losing Driver’s License

Soundbite at:  http://youtu.be/XdVNYGgeEfk

SB 393- Early Intervention to Prevent Drop Outs

Senator Craig Brandt

Desired Outcomes:

· Increase Graduation Rates, Better preparation for college or career

· Serve as Early Warning System- ID students at risk, immediate intervention

· Prevent Dropouts-student, parent, principal agree after exit interview, sign statement- Can only drop out due to financial hardship, illness, court

· If no exit interview or exceed habitual truancy – at risk of losing driver’s privilege

Santa Fe- Senate Education unanimously passed a bill (9-0) that encourages students  to stay in school by  possibly denying  driver’s licenses to students who plan to drop out. SB 393 now goes to the Senate Judiciary Committee.

Senator Craig Brandt, a former School Board member from one of the state’s high schools with the best graduation rates, is sponsoring a bill to prevent school drop outs throughout the state.  SB 393 is designed to increase graduation rates and decrease the number of dropouts by better preparing students for success in college and in their careers. If students do not take some of the steps to prevent them from dropping out, they are at risk of losing their driver’s privileges.

SB 393 sets up an early warning system of those who are at risk of dropping out and provides for  immediate intervention to keep them on track with the Next Step Plan.

An intervention similar program has been implemented in the Rio Rancho School District and has contributed to their growth in its graduation rate.

“Identify students at risk and getting them the immediate support they need to get back on track was successful in Rio Rancho and can make a huge difference across the state,” Senator Brandt said. “There is so much hope for our students and their futures if the legislature has the courage to make these critical improvements. If the students do not go along with the efforts to help keep them in school, they could lose their driver’s permit or license. That could keep them on track.”

The data used in early warning system to identify students at risk include: 3rd grade reading proficiency rates; multiple discipline referrals; habitual truancy rates in grades 6 –9; 9th grade GPA below 1.5; and failure of any core courses during grades 6 –9.

Under the proposed changes, students would only be able to drop out of school if they are between 16 and under 18 if the students, parents, principals agree after exit interview conducted by the school.  All of them would also have to sign statement acknowledging that dropping out will reduce the student’s earning potential.  And the changes would only allow withdrawal from school due to the student’s  financial hardship, illness, if there is a court order that has jurisdiction over the student.

If a student drops out without completing the exit interview or if a student exceeds the habitually truancy rate between grades 8-12, they might lose their driving privileges during the second year of the plan’s implementation.

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New Mexico State  Senate Republican Office

Killed in Senate Ed- Bill to Allow Districts to Decide if up to 3 Employees Can Have a Handgun at School

Soundbite avail: http://youtu.be/fGQDxHyBcnM

Committee Sub for SB 230 School Employee Concealed Handguns – Senator Sue Wilson Beffort

MAJOR Points:

1.      Immediate level of protection in our schools

2.      Allows up to three school employees to bring licensed conceal carry permitted guns on school grounds

3.      Requires addition annual  training to conceal carry permit

4.      Optional for all school districts, schools and school employees

5.      There is no additional money in budget bill to pay for armed school guards at all New Mexico public schools

Santa Fe- The New Mexico Senate Education committee killed a bill that would have allowed up to three school employees to carry a concealed handgun on school property, on a strictly volunteer basis. The bill was tabled indefinitely in Senate Finance on a vote of 6 to 3, meaning the committee will not reconsider the bill this session. The bill was sponsored by Senator Sue Wilson Beffort (R-Sandia Park.)

Part of  Senator Wilson Beffort’s testimony can be found on youtube at this address: http://youtu.be/fGQDxHyBcnM

Previous press release on the bill included this information:

Currently, state law prohibits anyone from carrying guns on school property except police and school security guards. Under the Senator’s bill, each school in the state could designate up to three employees to carry a concealed gun. “We need to stop a tragedy before it happens,” Wilson Beffort said. “It is an option that school boards can decide if they want. If they want it, then a shooter is not going to know which who has a concealed carry.” Senator Wilson Beffort said changes have to be made in light of the school shootings across the nation.  Last December, 26 students and school workers were killed at Sandy Hook Elementary in Newtown, Conn.

The designated employees must be in possession of a valid concealed handgun license.Senator Sue Wilson Beffort’s comments on the day before its first committee hears the piece of legislation:  “I want to emphasize that this is strictly voluntary.  Nothing in the bill would force any school or school district to implement this law unless the school district and its community wished to do so.  The tragic school shootings at the Sandy Hook Elementary School in Newtown, Connecticut have helped to focus on need for this type of consideration.

But Sandy Hook is only one in an ongoing litany of tragic mass school shootings including those in Colorado, Arkansas, Kentucky and Mississippi.  Consider this:  During a shooting spree at a high school in Pearl, Mississippi, several years ago, an assistant principal retrieved a gun from his car and physically immobilized the gunman for a full four and a half minutes until the police arrived.  This gunman had already fatally shot two students.  Who knows how many lives the assistant principal saved that day?

Legislatures and other local governing entities are considering similar measures as they grapple with how to protect their children and teachers throughout the country. Other remedies that have been discussed–such as armed guards, more mental health counselors, locked fencing and installation of protective glass in windows and doors–while they are worthy considerations none are currently in HB 2 as it stands.  While the metal health issue is also a significant piece in this tragic occurrence, that issue remains unsolved to date and is extremely complicated especially in terms of an ultimate comprehensive remedy–locking people up?  Or the accusations not fair to persons with mental illness. Privacy. Freedom to board an airplane, if any diagnosis that the country needs time and focus to accomplish something.”

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-On Senate Calendar today-

Over $16 BILLION in State Funds to be Better Secured

After years of Pay- to- Play Scandals

SB 9aa – State Investment Council Changes

Sponsor:  Senator Steven Neville

Soundbite at: http://youtu.be/rDNzTpg7bgk

12 member board gives more oversight to Legislature

Members have 10 or more years finance experience

No felons, crimes of moral turpitude

State Investment Officer can still hire consultants

(Santa Fe) Over 16 billion dollars in state permanent funds,   yes billion with a “B, ” should become  better secured and better invested for future generations with the changes proposed by Senator Steve Neville. (R-Farmington).  The years of “Pay-to- Play” Scandals for the State Investment Council are to end.

“The days of seeing “Pay to Play” headlines regarding the billions of dollars in State Investment Council  (SIC) need to end. With the improvements in my bill, the public can rest assured that these billions in our permanent funds will be in place to help generate funds for future generations,” Senator Neville said.  “These billions  cannot be tampered with, they cannot be inappropriately invested, they need better oversight. They should receive this with the changes we are proposing for the State Investment Council.”

SB 9 – State Investment Council Changes would  change the State Investment Council’s membership composition and appointment process. There would be more oversight by the legislature. The bill would add member eligibility requirements and clarify operating procedures.  It also allows the SIC to invest funds in the Small Business Investment Corporation.

MEMBERSHIP COMPOSITION Under Senator Neville’s Bill includes some current appointments, plus some new appointments. The changes in appointments include four from the legislature:

one public member appointed by the President pro tempore; must be confirmed by Senate

one public member appointed by the minority floor leader of Senate; must be confirmed by Senate

one public member appointed by the Speaker of the House; must be confirmed by Senate

one public member appointed by the minority floor leader of the House; must be confirmed by Senate

5-8 Increases from two members  to four members appointed by the Governor, but no more than two from same political party  and they  must be confirmed by Senate.

The following positions currently on the SIC would remain:

9- Governor or person appointed by the Governor; if appointed must be confirmed by Senate

10- State Treasurer or person appointed by the Treasurer; if appointed must be confirmed by Senate

11- Commissioner of Public Lands or person appointed by the Commissioner; if appointed must be confirmed  by Senate

12  Dept. of Finance and Administration (DFA) Secretary.

Senator Neville’s bill would deleted the following five members:

The requirement that one member must be chief financial officer of a state university

The requirement that four members must be appointed by the NM Legislative Council Service (LCS).

The bill provides for the SIC to elect its own Chair and Vice-Chair, both to serve two-year staggered terms with no more than two consecutive terms.

MEMBERSHIP QUALIFICATIONS

Establishes the following criteria for SIC members:

No less than ten years experience in the fields of investment management, investment accounting,  investment risk management or governance in public or private entities

U.S. citizenship and New Mexico residency.

No convictions for felony or misdemeanor crime(s) involving moral turpitude.

INVESTMENTS

State Investment Officer must have “10 years” training and investment experience

Allows the SIC to invest inactive funds for the Small Business Investment Council (SBIC), as it does for 17 other state agencies, according to the SIC analysis.  The bill also requires additional reporting from SBIC to SIC.

Clarifies the State Investment Officer’s authority to hire investment consultants and specifies that the staff of the SIC who have discretionary authority or control over SIC funds are fiduciaries.

ADMINISTRATION

Clarifies SIC administration related to per diem, State Investment Officer salary, and meeting frequency and notices, and the SIO’s role.

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New Long-term Insurance Program Would Allow

New Mexicans to Keep More of their Assets While Qualifying for Medicaid

SB 196 – Long Term Care Insurance Partnership Program

Sponsor:  Senator Lee S. Cotter

Encouraging  private long-term insurance program:

· Gives New Mexicans more choice

· Incentive allows estate to retain value of policy that could be passed to heirs

· Saves Medicaid program when people are on private insurance.

(Santa Fe)  The New Mexico State Senate passed 39-0 a bill sponsored by  State Senator Lee S. Cotter (R-Las Cruces) that gives New Mexicans more choice and an incentive to purchase long-term care insurance. Senator Cotter’s bill is SB 196- Long Term Care Insurance Partnership Program.

It allows New Mexicans to exempt from qualifying for Medicaid the amount of their  private insurance benefit if the private insurance benefit becomes  exhausted.  The value of the  private insurance benefit can remain in the person’s estate, does not have to be spent down to $2,000 in order for the person to qualify for Medicaid once their private insurance is exhausted.

“This does a number of things. Primarily, it gives New Mexicans a choice.   It allows people to leave their heirs part of their estate in the event they do have to eventually go on Medicaid without having to become destitute,” Senator Cotter said. “It also helps save the federal Medicaid program dollars because more New Mexicans will appreciate the incentive of purchasing their own private insurance and won’t be on the federal program, until their private insurance is gone.”

Senator Cotter said the long-term insurance incentive program has been passed by 42 other states. Senator Cotter reiterated, “The program allows New Mexicans to have a choice. It gives them an incentive to save assets and provides for their long term health care instead of forcing New Mexicans to reduce their assets to $2,000 before they can apply for Medicaid.”

He said it modifies Medicaid eligibility rules by requiring that, individuals’ assets counted when considering Medicaid eligibility, exclude the amount of qualified long-term care insurance. The lower the “counted assets” the higher the chance the person will qualify for Medicaid.

SB 196 requires that the Human Services Dept. (HSD) modify the state Medicaid Plan and create a long-term health insurance partnership program in consultation with the Superintendent of Insurance to give incentives for individuals to obtain long term care insurance.

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Action was taken on the following Republican Sponsored bills in the Senate today, Friday, February 22, 2013.  Passed Senate bills passed head to the House.

SB 185/aa/ec Frontier Communities Program- Sponsor- Senator Pat Woods (R-Broadview) Passed Senate. The bill amends the New Mexico Main Street Act [3-60B-1 and 4 NMSA 1978] to include a new category of community economic development support by the MainStreet Program called “Frontier Communities” to help rural communities under 5,000 in population with economic development initiatives.

SB 372- Barber & Cosmetologist Cease & Desist Orders- Sponsor- Senator Lisa Torraco (R-Albuquerque)  passed Senate 35-4 and now heads to the House.

SB 372 would grant authority to the Board of Barbers and Cosmetologists, rather than with the Attorney General’s Office, to issue cease and desist orders to violators of the Barbers and Cosmetologists Act (BCA) or the Body Art Safe Practices Act (BASPA) and to impose penalties for such violations.

SB 181a Professional Licensure Standards & Boards- Sponsor- Senator Sander Rue (R-Albuquerque) passed Senate 36-0)  SB 181/a  updates and clarifies the scope of practice and licensure definitions for a clinical fellow of speech and language pathology and hearing aid dispensers. It conforms New Mexico law to national standards.

SB 336/ec 2 Year Cycle For Some Election Contributions- Sponsor Senate Minority Leader Stuart Ingle- passed 40-0. The bill puts Senators on the same fund raising schedule as Representatives by changing contribution caps for certain elective offices. It amends the Campaign Reporting Act (CRA) to change the contribution limits from a specified cap per election cycle for each elective office to a cap every two years, no matter what the election cycle is.  It allows candidates to receive the maximum amount of campaign contributions during any Primary or General Election cycle instead of being restricted to the contribution limits during their own election cycle only, as current law requires.

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Editor – For more information, please contact:  The New Mexico State  Senate Republican Office at 505/986-4702

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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