Douglas Carver • New Mexico Sentencing Commission Generated by NMLR • Date: 04/14/2021 11:04a • © 2021 New Mexico Legislative Reports New Mexico Sentencing Commission Bill Tracker (2021 Reg) Bill: HB4 Sponsors: Louis (D26); Egolf (D47); Cervantes (D31) Title: CIVIL RIGHTS ACT: QUALIFIED IMMUNITY Bill: HB12 Summary: (Related to 2020 SS1 HB5, which created a Civil Sponsors: Martinez, J. (D11); Romero, A. (D46) Rights Commission) Cited as the New Mexico Civil Title: CANNABIS REGULATION ACT AND CANNABIS TAX Rights Act, establishes the right of an individual to ACT bring a claim against a public body or anyone Summary: (Analysis Revised 2/9/2021) (Similar to 2020 acting on behalf of a public body for violation of HB160, related to 2021 HB17, SB13, SB288; 2020 constitutional rights, privileges, or immunities. HB334, SB115) Governs the legalization and Subjects: County Affairs; Municipalities/City Government; taxation of adult-use cannabis. Creates the State Affairs and State Agencies; Courts and Civil Cannabis Regulation Act to consolidate regulation Matters; Insurance; Labor and administration of commercial and medical Related: 2020:HB5 cannabis activity except medical user registry by Progress: Pamphlet Law creation of the Cannabis Control Division of Status: 04/07/2021 – Signed by the Governor Regulation and Licensing Department. Provides for History: 01/19/2021—H Introduced and referred to House licensure and fees for producers, producer State Government, Elections & Indian Affairs. microbusinesses, manufacturers, testing 01/19/2021—H Also referred to House Judiciary. laboratories, couriers, research laboratories, 01/28/2021—H Reported Do Pass by House State servers, education and training, and integrated Government, Elections & Indian Affairs. cannabis establishments and microbusinesses. 02/09/2021—H Reported Do Not Pass but Do Pass Provides for local control. Creates the Cannabis Tax as substituted by House Judiciary. Act to impose an excise tax of nine percent, a 02/16/2021—H Opened for floor debate. municipal tax of three percent, and a county tax of 02/16/2021—H Floor amendments adopted four percent. Requires extensive rule-making and (Amendment 1) (Rep. Georgene Louis) Voice interagency cooperation; creates new funds, Vote. programs and reporting requirements; amends the 02/16/2021—H Note: (Amendment 2) (Rep. Lane) Lynn and Erin Compassionate Use Act, the Tax Tabled (44-24). Administration Act, the Controlled Substances Act 02/16/2021—H Passed 39-29. and other sections of statute. 02/17/2021—S Received in the Senate and Subjects: Higher Education; Labor; Health and Medical referred to Senate Health and Public Affairs. Practice; Schools and Teachers; County Affairs; 02/17/2021—S Also referred to Senate Judiciary. Courts and Civil Matters; Municipalities/City 03/01/2021—S Reported without recommendation Government; Criminal Code; Business, as amended by Senate Health and Public Affairs. Manufacturing and Economic Development; State 03/11/2021—S Reported Do Pass as amended by Affairs and State Agencies; Family and Juveniles; Senate Judiciary. Agriculture and Ranching; Public Safety and 03/16/2021—S Opened for floor debate. Corrections; Indians; Taxation, Fees and Audits 03/16/2021—S Floor amendments adopted Related: 2020:SB115; 2020:HB334; 2020:HB160; (Amendment 1) (Sen. Joseph Cervantes) Roll 2021:HB17; 2021:SB13 Call 31-10. Progress: 2nd House: Reported from Committees 03/16/2021—S Floor amendments adopted Status: 03/18/2021 – Senate Calendar (Amendment 2) (Sen. Pat Woods) Roll Call 40-1. History: 02/02/2021—H Introduced and referred to House 03/16/2021—S Note: Audio: (Amendment 2) (Sen. Health & Human Services. Pat Woods) Roll Call 40-1. 02/02/2021—H Also referred to House Taxation & 03/16/2021—S Floor amendments failed Revenue. (Amendment 3) (Sen. Steven Neville) Roll Call 02/16/2021—H Reported Do Not Pass but Do Pass 17-25. as substituted by House Health & Human 03/16/2021—S Floor amendments failed Services. (Amendment 3) (Sen. Cliff Pirtle) Roll Call 15-27. 02/24/2021—H Reported Do Not Pass but Do Pass 03/16/2021—S Note 2: Audio: (Amendment 3) as substituted by House Taxation & Revenue. (Sen. Cliff Pirtle) Roll Call 15-27. 02/26/2021—H Opened for floor debate. 03/17/2021—S Passed 26-15. 02/26/2021—H Floor amendments adopted 03/17/2021—H House concurred with Senate (Amendment 1) (Rep. Javier Martinez) Voice amendments (43-26). Vote. 03/18/2021—H Enrolled and engrossed. 02/26/2021—H Note: (Amendment 2) (Rep. 03/18/2021—H Signed by Officers of House. Crowder) Withdrawn by Sponsor. 03/18/2021—S Signed by Officers of Senate. 02/26/2021—H Note 2: (Amendment 2) (Rep. Rod 04/07/2021—G Signed by the Governor Laws Montoya) Tabled (44-25). 2021, Ch. 119). 02/26/2021—H Passed 39-31. Comments: No action was taken on this legislation. AOC noted 03/02/2021—S Received in the Senate and that there was a concern with how the bill as referred to Senate Tax, Business & written might impact the Judiciary, and could Transportation. possibly abrogate judicial immunity. 03/02/2021—S Also referred to Senate Judiciary. 03/10/2021—S Reported Do Pass as amended by Senate Tax, Business & Transportation. NMLR Report 04/14/2021 Page 2 • © New Mexico Legislative Reports. Reproduction or distribution without permission is prohibited. 03/18/2021—S Reported Do Pass as amended by 01/19/2021—H Introduced and referred to House Senate Judiciary. Education. Comments: The committee voted to support this legislation, as 01/19/2021—H Also referred to House Judiciary. these issues have been discussed for years, by a 01/19/2021—H Also referred to House vote of 3-2 (AODA and NMCD against), with the Appropriations & Finance. Chair, AOC, CYFD, DPS, and a public member 01/28/2021—H Reported Do Pass by House abstaining. NMSC noted that the bill contained a Education. fine for juveniles in two places, which was contrary 02/16/2021—H Reported Do Not Pass but Do Pass to the policy behind HB 183. LOPD stated that they as substituted by House Judiciary. were working with the sponsors of the bill on those 02/22/2021—H Referral withdrawn from House provisions, and noted that there was a provision Appropriations & Finance. whereby if the juvenile could not pay the fine, 02/28/2021—H Opened for floor debate. other options were available. 02/28/2021—H Passed 60-9. 03/02/2021—S Received in the Senate and referred to Senate Health and Public Affairs. Bill: HB17 03/02/2021—S Also referred to Senate Judiciary. Sponsors: Lujan (D48) 03/13/2021—S Reported Do Pass by Senate Health Title: CANNABIS REGULATION ACT and Public Affairs. Summary: (Duplicate of 2021 SB13; related to 2020 SB115, Comments: The committee voted not to support this HB160; 2019 HB356, SB577) Relates to the legislation, due to concerns with vagueness as to legalization, production, use, sale, taxation and what the crime entailed and in the definitions and licensure of commercial cannabis. Creates the that it appears that someone could be charged with Cannabis Regulation Act to regulate the hazing when no injury in fact occurs, by a vote of commercial production, possession, manufacture, 6-1 (AGO against), with AODA, NMCD, CYFD, and a storage, testing, researching, labeling, public member abstaining. transportation, couriering and sale of cannabis and 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: Pamphlet Law History: 02/02/2021—H Introduced and referred to House Status: 04/06/2021 – Signed by the Governor 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.