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New Mexico Sentencing Commission Bill Tracker (2021 Reg)

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Douglas Carver • New Mexico Sentencing Commission Generated by NMLR • Date: 03/16/2021 10:12a • © 2021 New Mexico Legislative Reports New Mexico Sentencing Commission Bill Tracker (2021 Reg) Bill: HB4 interagency cooperation; creates new funds, Sponsors: Louis (D26); Egolf (D47); Cervantes (D31) programs and reporting requirements; amends the Title: QUALIFIED IMMUNITY PROTECTIONS DIMINISHED Lynn and Erin Compassionate Use Act, the Tax Summary: (Related to 2020 SS1 HB5, which created a Civil Administration Act, the Controlled Substances Act Rights Commission) Cited as the New Mexico Civil and other sections of statute. Rights Act, establishes the right of an individual to Subjects: Higher Education; Labor; Health and Medical bring a claim against a public body or anyone Practice; Schools and Teachers; County Affairs; acting on behalf of a public body for violation of Courts and Civil Matters; Municipalities/City constitutional rights, privileges, or immunities. Government; Criminal Code; Business, Subjects: County Affairs; Municipalities/City Government; Manufacturing and Economic Development; State State Affairs and State Agencies; Courts and Civil Affairs and State Agencies; Family and Juveniles; Matters; Insurance; Labor Agriculture and Ranching; Public Safety and Related: 2020:HB5 Corrections; Indians; Taxation, Fees and Audits Progress: 2nd House: Reported from Committees Related: 2020:SB115; 2020:HB334; 2020:HB160; Status: 03/11/2021 – Senate Calendar 2021:HB17; 2021:SB13 History: 01/19/2021—H Introduced and referred to House Progress: 2nd House: Reported from Committees State Government, Elections & Indian Affairs. Status: 03/10/2021 – Senate Judiciary Committee 01/19/2021—H Also referred to House Judiciary. History: 02/02/2021—H Introduced and referred to House 01/28/2021—H Reported Do Pass by House State Health & Human Services. Government, Elections & Indian Affairs. 02/02/2021—H Also referred to House Taxation & 02/09/2021—H Reported Do Not Pass but Do Pass Revenue. as substituted by House Judiciary. 02/16/2021—H Reported Do Not Pass but Do Pass 02/16/2021—H Opened for floor debate. as substituted by House Health & Human 02/16/2021—H Floor amendments adopted Services. (Amendment 1) (Rep. Georgene Louis) Voice 02/24/2021—H Reported Do Not Pass but Do Pass Vote. as substituted by House Taxation & Revenue. 02/16/2021—H Note: (Amendment 2) (Rep. Lane) 02/26/2021—H Opened for floor debate. Tabled (44-24). 02/26/2021—H Floor amendments adopted 02/16/2021—H Passed 39-29. (Amendment 1) (Rep. Javier Martinez) Voice 02/17/2021—S Received in the Senate and Vote. referred to Senate Health and Public Affairs. 02/26/2021—H Note: (Amendment 2) (Rep. 02/17/2021—S Also referred to Senate Judiciary. Crowder) Withdrawn by Sponsor. 03/01/2021—S Reported without recommendation 02/26/2021—H Note 2: (Amendment 2) (Rep. Rod as amended by Senate Health and Public Affairs. Montoya) Tabled (44-25). 03/11/2021—S Reported Do Pass as amended by 02/26/2021—H Passed 39-31. Senate Judiciary. 03/02/2021—S Received in the Senate and Scheduled: 03/16/2021—Senate Calendar, 11:30 a.m., Virtual referred to Senate Tax, Business & Comments: No action was taken on this legislation. AOC noted Transportation. that there was a concern with how the bill as 03/02/2021—S Also referred to Senate Judiciary. written might impact the Judiciary, and could 03/10/2021—S Reported Do Pass as amended by possibly abrogate judicial immunity. Senate Tax, Business & Transportation. Comments: The committee voted to support this legislation, as these issues have been discussed for years, by a Bill: HB12 vote of 3-2 (AODA and NMCD against), with the Sponsors: Martinez, J. (D11); Romero, A. (D46) Chair, AOC, CYFD, DPS, and a public member Title: CANNABIS REGULATION ACT AND CANNABIS TAX abstaining. NMSC noted that the bill contained a ACT fine for juveniles in two places, which was contrary Summary: (Analysis Revised 2/9/2021) (Similar to 2020 to the policy behind HB 183. LOPD stated that they HB160, related to 2021 HB17, SB13, SB288; 2020 were working with the sponsors of the bill on those HB334, SB115) Governs the legalization and provisions, and noted that there was a provision taxation of adult-use cannabis. Creates the whereby if the juvenile could not pay the fine, Cannabis Regulation Act to consolidate regulation other options were available. and administration of commercial and medical cannabis activity except medical user registry by creation of the Cannabis Control Division of Bill: HB17 Regulation and Licensing Department. Provides for Sponsors: Lujan (D48) licensure and fees for producers, producer Title: CANNABIS REGULATION ACT microbusinesses, manufacturers, testing Summary: (Duplicate of 2021 SB13; related to 2020 SB115, laboratories, couriers, research laboratories, HB160; 2019 HB356, SB577) Relates to the servers, education and training, and integrated legalization, production, use, sale, taxation and cannabis establishments and microbusinesses. licensure of commercial cannabis. Creates the Provides for local control. Creates the Cannabis Tax Cannabis Regulation Act to regulate the Act to impose an excise tax of nine percent, a commercial production, possession, manufacture, municipal tax of three percent, and a county tax of storage, testing, researching, labeling, four percent. Requires extensive rule-making and transportation, couriering and sale of cannabis and NMLR Report 03/16/2021 Page 2 • © New Mexico Legislative Reports. Reproduction or distribution without permission is prohibited. cannabis products. Provides for licensing fees. Creates the Cannabis Tax Act to impose a 20% Bill: HB31 sales tax on retail sales of nonmedical cannabis Sponsors: Sarinana (D21) products, of which two-thirds (13 percent) is Title: MILITARY JUSTICE CODE SEX CRIMES REDEFINED distributable to the state and one-third (35 Summary: (For the Military and Veterans’ Affairs Committee) percent) to the municipality or unincorporated Relates to the Code of Military Justice; redefines portion of a county where the sale takes place. rape, sexual assault, sexual contact, unlawful Subjects: Health and Medical Practice; Criminal Code; force, and consent, among other terms. Specifically Business, Manufacturing and Economic removes marriage as a defense for conduct in a Development; Agriculture and Ranching; Public prosecution for a sex crime and strikes references Safety and Corrections; Environment and Pollution; to the gender of a victim. Punishment for persons Taxation, Fees and Audits found guilty under the Code of Justice remains the Related: 2019:SB577; 2019:HB356; 2020:SB115; same, i.e., requiring that the person shall be 2020:HB160; 2021:SB13 punished as a court-martial may direct. Progress: 1st House: Referred to Committee Subjects: Criminal Code; Veterans and Military Affairs; Public Status: 02/02/2021 – House Health and Human Services Safety and Corrections; Family and Juveniles Committee Progress: 2nd House: Reported from Committees History: 02/02/2021—H Introduced and referred to House Status: 03/08/2021 – Senate Judiciary Committee Health & Human Services. History: 01/04/2021—H Prefiled in the House. 02/02/2021—H Also referred to House Taxation & 01/19/2021—H Introduced and referred to House Revenue. Labor, Veterans' & Military Affairs. 01/19/2021—H Also referred to House Judiciary. 01/28/2021—H Reported Do Pass by House Labor, Bill: HB27 Veterans' & Military Affairs. Sponsors: Stapleton (D19) 02/16/2021—H Reported Do Pass as amended by Title: CREATES CRIME OF STUDENT HAZING House Judiciary. Summary: (Identical to 2019 HB352; similar to 2017 HB200 02/22/2021—H Opened for floor debate. and related to 2017 HB427) Creates the crime of 02/22/2021—H Passed 68-0. hazing, which consists of a public or private 02/24/2021—S Received in the Senate and post-secondary school student willfully acting or referred to Senate Health and Public Affairs. creating a situation that recklessly or intentionally 02/24/2021—S Also referred to Senate Judiciary. endangers the mental or physical health of another 03/08/2021—S Reported Do Pass by Senate Health current or prospective student for the purpose of and Public Affairs. induction, initiation, or admission of the current or Comments: No action was taken on this legislation. prospective student into, or maintenance of membership in, a student organization, student body or private athletic club. Applies regardless of Bill: HB40 the post-secondary institution’s formal recognition Sponsors: Rubio (D35); Bash (D68); Ely (D23); Chasey or authorization of the organization. (D18); Duhigg (D10) Subjects: Higher Education; Health and Medical Practice; Title: PRIVATE DETENTION FACILITY MORATORIUM ACT Criminal Code Summary: Creates the Private Detention Facility Moratorium Related: 2019:HB352; 2017:HB200; 2017:HB427 Act to remove authorization for any Progress: 2nd House: Reported from Committees nongovernmental entity to operate a private Status: 03/13/2021 – Senate Judiciary Committee detention facility, including juvenile detention; History: 01/04/2021—H Prefiled in the House. exempts work-release facilities and private 01/19/2021—H Introduced and referred to House contracts in effect prior to the act’s 2021 effective Education. date; makes the operation of a private detention 01/19/2021—H Also referred to House Judiciary. facility unlawful; prohibits public funding of 01/19/2021—H Also referred to House privately operated detention facilities; provides for Appropriations & Finance. recommended termination of existing contracts 01/28/2021—H Reported Do Pass by House based on inspection reports; requires annual Education. reports by Corrections Department to the 02/16/2021—H Reported Do Not Pass but Do Pass Legislature; provides penalties. Repeals existing as substituted by House Judiciary. sections of law governing private contracts and jail 02/22/2021—H Referral withdrawn from House agreements. Appropriations & Finance. Subjects: County Affairs; Municipalities/City Government; 02/28/2021—H Opened for floor debate. Criminal Code; State Affairs and State Agencies; 02/28/2021—H Passed 60-9. Public Safety and Corrections 03/02/2021—S Received in the Senate and Progress: 1st House: Reported from Committees referred to Senate Health and Public Affairs.
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