(f) exclusionary fencing; (g) wildlife jump outs; and (h) private land conservation efforts; (3) to provide matching money as required by federal grant programs relating to wildlife corridor projects; and (4) for administrative and personnel expenses related to the purposes of the fund as set forth in this subsection. C. The department of transportation shall: (1) consult with the department of game and fish concerning the distribution of money from the wildlife corridors fund for the purposes set forth in Subsection B of this section and, if the money is distributed to a project on or adjacent to lands owned by Indian nations, tribes or pueblos, consult with the appropriate tribal government; and (2) consider distributing money from the fund to projects to fill funding gaps for wildlife road crossings and connectivity that are not otherwise budgeted or required for projects under other federal or state obligation. D. By October 1, 2024, and by October 1 of each year thereafter, the department of transportation shall provide a report to the governor and the legislative finance committee regarding: (1) an aggregate accounting of all money expended from the wildlife corridors fund during the prior fiscal year; and (2) a listing of all projects receiving funding from the fund and the amount of funding for each project during the prior fiscal year." Chapter 27 Section 3 Laws 2023 SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 28 House Bill 31, aa Approved March 24, 2023 AN ACT

RELATING TO DOMESTIC AFFAIRS; ELIMINATING THE REQUIREMENT TO FILE NOTICE WITH PROOF OF PUBLICATION; REPEALING SECTION 40-8-2 NMSA 1978 (BEING LAWS 1889, CHAPTER 3, SECTION 2, AS AMENDED). BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 28 Section 1 Laws 2023 SECTION 1. Section 40-8-1 NMSA 1978 (being Laws 1889, Chapter 3, Section 1, as amended) is amended to read: "40-8-1. CHANGE OF NAME--PETITION AND ORDER.-- A. Any resident of this state fourteen years of age or older may, upon petition to the district court of the district in which the petitioner resides, if no sufficient cause is shown to the contrary, have the petitioner's name changed or established by order of the court. The legal parents or legal guardians of any resident of this state under the age of fourteen years may, upon petition to the district court of the district in which the petitioner resides, if no sufficient cause is shown to the contrary, have the name of the petitioner's child or ward changed or established by order of the court. When residents under the age of fourteen years petition the district court for a name change, notice shall be given to all legal parents or legal guardians. The order shall be entered at length upon the record of the court, and a copy of the order, duly certified, shall be filed in the office of the county clerk of the county in which the person resides. The county clerk shall record the same in a record book to be kept by the county clerk for that purpose. B. If the court finds that notice to one or more legal parents or legal guardians of a child who is under fourteen years of age will jeopardize the child's or the applicant's personal safety, the court shall not require notice. The court shall order all records regarding the petition to be sealed. The records shall only be opened by court order based upon a showing of good cause or at the applicant's request." Chapter 28 Section 2 Laws 2023 SECTION 2. REPEAL.--Section 40-8-2 NMSA 1978 (being Laws 1889, Chapter 3, Section 2, as amended) is repealed. LAWS 2023, CHAPTER 29 House Bill 207, aa Approved March 24, 2023 AN ACT

RELATING TO HUMAN RIGHTS; EXTENDING THE SCOPE OF THE HUMAN RIGHTS ACT TO APPLY TO CERTAIN ACTIONS OF THE STATE AND ITS POLITICAL SUBDIVISIONS AND PUBLIC CONTRACTORS; EXPANDING THE LIST OF PROTECTED CLASSES TO INCLUDE GENDER; MAKING TECHNICAL CORRECTIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 29 Section 1 Laws 2023 SECTION 1. Section 28-1-2 NMSA 1978 (being Laws 1969, Chapter 196, Section 2, as amended by Laws 2021, Chapter 19, Section 3 and by Laws 2021, Chapter 37, Section 3) is amended to read: "28-1-2. DEFINITIONS.--As used in the Human Rights Act: A. "person" means one or more individuals, a partnership, association, organization, corporation, joint venture, legal representative, trustees, receivers, or the state and all of its political subdivisions; B. "employer" means any person employing four or more persons and any person acting for an employer; C. "commission" means the human rights commission; D. "director" or "bureau" means the human rights bureau of the labor relations division of the workforce solutions department; E. "employee" means any person in the employ of an employer or an applicant for employment; F. "labor organization" means any organization that exists for the purpose in whole or in part of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employment; G. "employment agency" means any person regularly undertaking with or without compensation to procure opportunities to work or to procure, recruit or refer employees; H. "public accommodation" means any governmental entity or any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that is by its nature and use distinctly private;

I. "public contractor" means a person who receives public funds as a result of contracting with a governmental entity; J. "political subdivision" means any: (1) county; (2) incorporated city, town or village; (3) drainage, conservancy, irrigation, water and sanitation or other district; (4) mutual domestic association; (5) public water cooperative association; or (6) community ditch association; K. "housing accommodation" means any building or portion of a building that is constructed or to be constructed, which is used or intended for use as the residence or sleeping place of any individual; L. "real property" means lands, leaseholds or commercial or industrial buildings, whether constructed or to be constructed, offered for sale or rent, and any land rented or leased for the use, parking or storage of house trailers; M. "secretary" means the secretary of workforce solutions; N. "unlawful discriminatory practices" means those unlawful practices and acts specified in Section 28-1-7 NMSA 1978; O. "physical or mental disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities. A person is also considered to have a mental or physical disability if the person has a record of a physical or mental disability or is regarded as having a physical or mental disability; P. "major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working; Q. "applicant for employment" means a person applying for a position as an employee; R. "sex" means a person's categorization as male, female or intersex based on biology, physiology and physical characteristics;

S. "sexual orientation" means a person's physical, romantic or emotional attraction to persons of the same or a different gender or the absence of any such attraction; T. "gender identity" means a person's self-perception, based on the person's appearance, behavior or physical characteristics, that the person exhibits more masculinity or femininity or the absence of masculinity or femininity whether or not it matches the person's gender or sex assigned at birth; U. "gender" means an individual or societal expectation or perception of a person as masculine or feminine based on appearance, behavior or physical characteristics; V. "reasonable accommodation" means modification or adaptation of the work environment, work schedule, work rules or job responsibilities, and reached through good faith efforts to explore less restrictive or less expensive alternatives to enable an employee to perform the essential functions of the job and that does not impose an undue hardship on the employer; W. "undue hardship" means an accommodation requiring significant difficulty or expense when considered in light of the following factors: (1) the nature and cost of the accommodation; (2) the financial resources of the employer involved in the provision of the reasonable accommodation; (3) the number of persons the employer employs; (4) the effect of the accommodation on expenses and resources; (5) the impact of the accommodation otherwise upon the employer's business; (6) the overall financial resources of the employer; (7) the overall size of the business of an employer with respect to the number, type and location of its facilities; (8) the type of operation of the employer, including the composition, structure and functions of the workforce of the employer; or (9) the geographic separateness or administrative or fiscal relationship to the employer of the employer's facilities;

X. "cultural or religious headdresses" includes hijabs, head wraps or other headdresses used as part of an individual's personal cultural or religious beliefs; Y. "protective hairstyles" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, weaves, wigs or head wraps; Z. "race" includes traits historically associated with race, including hair texture, length of hair, protective hairstyles or cultural or religious headdresses; AA. "state" means the state of New Mexico or any of its agencies, departments, boards, instrumentalities or institutions; BB. "governmental entity" means the state or any public body; CC. "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or any branch of government that receives public funding, including political subdivisions, special tax districts, school districts and institutions of higher education; and DD. "services" means any function, program, activity or benefit." Chapter 29 Section 2 Laws 2023 SECTION 2. Section 28-1-7 NMSA 1978 (being Laws 1969, Chapter 196, Section 7, as amended) is amended to read: "28-1-7. UNLAWFUL DISCRIMINATORY PRACTICE.--It is an unlawful discriminatory practice for: A. an employer, unless based on a bona fide occupational qualification or other statutory prohibition, to refuse to hire, to discharge, to promote or demote or to discriminate in matters of compensation, terms, conditions or privileges of employment against any person otherwise qualified because of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, physical or mental disability or serious medical condition, or, if the employer has fifty or more employees, spousal affiliation; provided, however, that 29 U.S.C. Section 631(c)(1) and (2) shall apply to discrimination based on age; B. a labor organization to exclude a person or to expel or otherwise discriminate against any of its members or against any employer or employee because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability or serious medical condition;

C. any employer, labor organization or joint apprenticeship committee to refuse to admit or employ any person in any program established to provide an apprenticeship or other training or retraining because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, physical or mental disability or serious medical condition, or, if the employer has fifty or more employees, spousal affiliation; D. any person, employer, employment agency or labor organization to print or circulate or cause to be printed or circulated any statement, advertisement or publication, to use any form of application for employment or membership or to make any inquiry regarding prospective membership or employment that expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, religion, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, physical or mental disability or serious medical condition, or, if the employer has fifty or more employees, spousal affiliation, unless based on a bona fide occupational qualification; E. an employment agency to refuse to list and properly classify for employment or refer a person for employment in a known available job, for which the person is otherwise qualified, because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability or serious medical condition, unless based on a bona fide occupational qualification, or to comply with a request from an employer for referral of applicants for employment if the request indicates, either directly or indirectly, that the employer discriminates in employment on the basis of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability or serious medical condition, unless based on a bona fide occupational qualification; F. any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services, facilities, accommodations or goods to any person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation or physical or mental disability; provided that the physical or mental disability is unrelated to a person's ability to acquire or rent and maintain particular real property or housing accommodation; G. any person to: (1) refuse to sell, rent, assign, lease or sublease or offer for sale, rental, lease, assignment or sublease any housing accommodation or real property to any person or to refuse to negotiate for the sale, rental, lease, assignment or sublease of any housing accommodation or real property to any person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation or

physical or mental disability; provided that the physical or mental disability is unrelated to a person's ability to acquire or rent and maintain particular real property or housing accommodation; (2) 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 or in the provision of facilities or services in connection therewith because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation or physical or mental disability; provided that the physical or mental disability is unrelated to a person's ability to acquire or rent and maintain particular real property or housing accommodation; or (3) print, circulate, display or mail or cause to be printed, circulated, displayed or mailed any statement, advertisement, publication or sign or use any form of application for the purchase, rental, lease, assignment or sublease of any housing accommodation or real property or to make any record or inquiry regarding the prospective purchase, rental, lease, assignment or sublease of any housing accommodation or real property that expresses any preference, limitation or discrimination as to race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation or physical or mental disability; provided that the physical or mental disability is unrelated to a person's ability to acquire or rent and maintain particular real property or housing accommodation; H. any person to whom application is made either for financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or real property or for any type of consumer credit, including financial assistance for the acquisition of any consumer good as defined by Section 55-9-102 NMSA 1978, to: (1) consider the race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation or physical or mental disability of any individual in the granting, withholding, extending, modifying or renewing or in the fixing of the rates, terms, conditions or provisions of any financial assistance or in the extension of services in connection with the request for financial assistance; or (2) use any form of application for financial assistance or to make any record or inquiry in connection with applications for financial assistance that expresses, directly or indirectly, any limitation, specification or discrimination as to race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation or physical or mental disability; I. any person or employer to:

(1) aid, abet, incite, compel or coerce the doing of any unlawful discriminatory practice or to attempt to do so; (2) engage in any form of threats, reprisal or discrimination against any person who has opposed any unlawful discriminatory practice or has filed a complaint, testified or participated in any proceeding under the Human Rights Act; or (3) willfully obstruct or prevent any person from complying with the provisions of the Human Rights Act or to resist, prevent, impede or interfere with the commission or any of its members, staff or representatives in the performance of their duties under the Human Rights Act; J. any employer to refuse or fail to accommodate a person's physical or mental disability or serious medical condition, unless such accommodation is unreasonable or an undue hardship; K. any employer to refuse or fail to make reasonable accommodation for an employee or job applicant with a need arising from pregnancy, childbirth or condition related to pregnancy or childbirth; L. any employer to require an employee with a need arising from pregnancy, childbirth or condition related to pregnancy or childbirth to take paid or unpaid leave if another reasonable accommodation can be provided unless the employee voluntarily requests to be placed on leave or the employee is placed on leave pursuant to federal law; or M. a governmental entity or a public contractor to refuse or otherwise limit or put conditions on services to a person because of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, physical or mental disability, serious medical condition or spousal affiliation; provided that nothing in this subsection shall be construed to require a governmental entity or a public contractor to provide services or programs beyond services or programs to the specific populations that the governmental entity or public contractor is tasked with serving." LAWS 2023, CHAPTER 30 SEC/Senate Bill 4, aa Approved March 27, 2023 AN ACT RELATING TO PUBLIC SCHOOLS; CHANGING THE NAME OF THE HUNGER-FREE STUDENTS' BILL OF RIGHTS ACT TO THE HEALTHY HUNGER-FREE STUDENTS' BILL OF RIGHTS ACT; AMENDING AND ENACTING SECTIONS OF THE HEALTHY

HUNGER-FREE STUDENTS' BILL OF RIGHTS ACT; ENSURING FREE, HEALTHY SCHOOL MEALS FOR ALL STUDENTS; PRESCRIBING DUTIES OF THE PUBLIC EDUCATION DEPARTMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 30 Section 1 Laws 2023 SECTION 1. Section 22-13C-1 NMSA 1978 (being Laws 2017, Chapter 117, Section 1) is amended to read: "22-13C-1. SHORT TITLE.--Chapter 22, Article 13C NMSA 1978 may be cited as the "Healthy Hunger-Free Students' Bill of Rights Act"." Chapter 30 Section 2 Laws 2023 SECTION 2. Section 22-13C-2 NMSA 1978 (being Laws 2017, Chapter 117, Section 2) is amended to read: "22-13C-2. DEFINITIONS.--As used in the Healthy Hunger-Free Students' Bill of Rights Act: A. "community eligibility provision" means the federal provision created pursuant to Subparagraph (F) of Paragraph (1) of Subsection (a) of 42 U.S.C. Section 1759a that allows school districts to choose to receive federal special assistance payments for school meals in exchange for providing free school meals to all students enrolled in all or selected schools of the school district; B. "direct certification" means the process by which eligible children are certified for free meals without the need for a household application based on household participation in one or more means-tested federal assistance programs; C. "eligible meals" means meals served to full price, paid students that qualify for reimbursement under the national school lunch program and the school breakfast program; D. "federal free meal reimbursement" means the free meal reimbursement paid by the United States department of agriculture under 42 U.S.C. 1759a for meals that qualify for reimbursement pursuant to the national school lunch program and the school breakfast program; E. "federal paid meal reimbursement rate" means the paid reimbursement rate as set annually by the United States department of agriculture under 42 U.S.C. 1759a for meals that qualify for reimbursement under the national school lunch program and the school breakfast program;

F. "identified student percentage" means the percentage of a school food authority's student enrollment that is certified as eligible for free meals based on a documentation of benefit of receipt or categorical eligibility as described in 7 C.F.R. Section 245.6; G. "meal application" means an application for free or reduced-price meals pursuant to the national school lunch program and the school breakfast program; H. "paid meal rate" means the paid student rate reported by the department to the United States department of agriculture based on the average paid meal rate charged by school food authorities in the prior school year; I. "participating school food authority" means a school food authority that chooses to participate in the New Mexico grown grant program; J. "program" means the healthy universal school meals program created pursuant to the Healthy Hunger-Free Students' Bill of Rights Act; K. "school food authority" means school districts, charter schools, the United States department of the interior's bureau of Indian education schools, tribally controlled schools and private schools that operate the national school lunch program and the school breakfast program; L. "unprocessed and minimally processed products" means raw or frozen products, products that retain their inherent character, such as shredded carrots or ground beef, and dried products, such as beans, but does not include any products that are heated, cooked or canned; and M. "value-added processed products" means products that are altered from their unprocessed or minimally processed state through preservation techniques, including cooking, baking or canning." Chapter 30 Section 3 Laws 2023 SECTION 3. Section 22-13C-4 NMSA 1978 (being Laws 2017, Chapter 117, Section 4) is amended to read: "22-13C-4. UNIVERSAL SCHOOL MEALS FOR CHILDREN.-- A. Public school districts and charter schools operating the national school lunch program and the school breakfast program shall establish a program to offer high- quality meals at no charge to all students. Bureau of Indian education schools, tribally controlled schools and private schools operating the national school lunch and the school breakfast program may establish a program to offer high-quality meals at no charge to students. All participating school food authorities shall offer one breakfast and one lunch at no cost to students during each school day to any student who requests a

meal without consideration of the student's eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period. B. The department shall award funding to each school food authority that establishes a program pursuant to the provisions of Subsection E of this section as follows: (1) for school food authorities that meet the meal quality improvement requirements established pursuant to Subsection E of this section, the department shall distribute to each such school food authority an amount that is equal to the federal free meal reimbursement rate multiplied by the total number of eligible meals served during the applicable budget year, minus an amount equal to the federal paid meal reimbursement for eligible meals served during the applicable budget year; or (2) for school food authorities that do not meet by July 1, 2025 the meal quality improvement requirements established pursuant to Subsection E of this section, the department shall distribute to each such school food authority an amount that is equal to the paid meal rate multiplied by the total number of eligible meals served during the applicable budget year. C. School food authorities shall use the money received pursuant to this section to purchase commodities necessary to improve meal quality, including food and other consumables, equipment, staffing, labor needs or training and technical assistance. D. By August 1 of each year, the department shall inform eligible school food authorities of the amount of program funding they will receive during the upcoming school year. When calculating the amount of program funding that is due to a school food authority, the department shall assume that student participation will remain at the same level as the previous school year. E. The department shall promulgate rules necessary for implementation of this section, including rules providing for: (1) meal quality improvement requirements for the program, which may include purchasing New Mexico-produced food, freshly preparing scratch-cooked foods, providing culturally relevant meals and engaging student and family voices and choices in menu development; and (2) procedures for annual certification. F. School food authorities shall maximize access to federal funds for the cost of school breakfast and lunch programs by adopting the United States department of agriculture's community eligibility provision or any other federal provision that, in the opinion of the department, results in the most possible federal funding for meals served in that program. Each school food authority that has a school or site with an identified

student percentage of at least forty percent, or an identified student percentage of less than forty percent if authorized by federal law, as determined annually by the deadline set by the United States department of agriculture, shall participate in the federal community eligibility provision in the subsequent school year and throughout the duration of the community eligibility provision's four-year cycle. School food authorities, to the extent practicable, shall group public schools for purposes of maximizing the number of schools eligible to participate in the community eligibility provision. G. If a school food authority does not elect the community eligibility provision or any other federal provision that, in the opinion of the department, results in the most possible federal funding for meals served in that program, school meal applications shall be collected and direct certification shall be used to identify students receiving free, reduced-price and paid meals based on United States department of agriculture guidance. H. School food authorities shall take steps to maximize federal revenues and minimize debt on families by, at least monthly, taking steps to directly certify students for free school meal status pursuant to protocol determined by the department." Chapter 30 Section 4 Laws 2023 SECTION 4. A new section of the Healthy Hunger-Free Students' Bill of Rights Act is enacted to read: "INCENTIVIZE NEW MEXICO-GROWN FOODS.-- A. School food authorities are eligible to receive an incentive grant pursuant to this section to purchase New Mexico-grown, -raised or -processed products. A participating school food authority may use the amount received pursuant to this section to support implementation of program requirements described in Subsection E of Section 3 of the Healthy Hunger-Free Students' Bill of Rights Act. B. School food authorities shall use the money received pursuant to this section to purchase New Mexico-grown, -raised or -processed products. A minimum of seventy-five percent of funds shall be used to purchase unprocessed and minimally processed products. Up to twenty-five percent of funds may be used for value-added processed products. C. By August 1 of each year, subject to available appropriations, the department shall distribute to each participating school food authority the greater of one thousand dollars ($1,000) or an amount equal to ten cents ($.10) multiplied by the number of lunches that qualified for federal free meal reimbursement that the participating school food authority served to students in the preceding school year. When calculating the amount of program funding that is due to a school food authority, the department shall assume that student participation will remain at the same level as the previous year."

Chapter 30 Section 5 Laws 2023 SECTION 5. A new section of the Healthy Hunger-Free Students' Bill of Rights Act is enacted to read: "ADDRESSING FOOD WASTE.--By no later than July 1, 2025, a school food authority shall seek to achieve the lowest level of food waste, which shall include all of the following: A. students in grades kindergarten through five shall be allowed to have up to twenty minutes of seated lunch time each school day to provide sufficient lunch periods that are long enough to give all students adequate time to eat; and B. share tables shall be provided where food service staff, students and parents may return allowable food. Allowable food placed on the share tables that is not taken by a student during the course of a regular school meal period shall be donated to students, food banks or other nonprofit charitable organizations." Chapter 30 Section 6 Laws 2023 SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 31 Senate Bill 188, aa Approved March 28, 2023 AN ACT RELATING TO STATE SYMBOLS; DECLARING A STATE AROMA. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 31 Section 1 Laws 2023 SECTION 1. Section 12-3-4 NMSA 1978 (being Laws 1927, Chapter 102, Section 1, as amended) is amended to read: "12-3-4. STATE FLOWER--STATE BIRD--STATE TREE--STATE FISH--STATE ANIMAL--STATE VEGETABLES--STATE GEM--STATE GRASS-- STATE FOSSIL-- STATE COOKIE--STATE INSECT--STATE QUESTION--STATE ANSWER--STATE NICKNAME--STATE BUTTERFLY--STATE REPTILE--STATE AMPHIBIAN--STATE AIRCRAFT--STATE HISTORIC RAILROAD--STATE TIE--STATE NECKLACE--STATE AROMA.--

A. The yucca flower is adopted as the official flower of New Mexico. B. The chaparral bird, commonly called roadrunner, is adopted as the official bird of New Mexico. C. The nut pine or pinon tree, scientifically known as Pinus edulis, is adopted as the official tree of New Mexico. D. The native New Mexico cutthroat trout is adopted as the official fish of New Mexico. E. The native New Mexico black bear is adopted as the official animal of New Mexico. F. The chile, the Spanish adaptation of the chilli, and the pinto bean, commonly known as the frijol, are adopted as the official vegetables of New Mexico. G. The turquoise is adopted as the official gem of New Mexico. H. The blue grama grass, scientifically known as Bouteloua gracillis, is adopted as the official grass of New Mexico. I. The coelophysis is adopted as the official fossil of New Mexico. J. The bizcochito is adopted as the official cookie of New Mexico. K. The tarantula hawk wasp, scientifically known as Pepsis formosa, is adopted as the official insect of New Mexico. L. "Red or green?" is adopted as the official question of New Mexico. M. "Red and green or Christmas" is adopted as the official answer of New Mexico. N. "The Land of Enchantment" is adopted as the official nickname of New Mexico. O. The Sandia hairstreak is adopted as the official butterfly of New Mexico. P. The New Mexico whiptail lizard, scientifically known as Cnemidophorus neomexicanus, is adopted as the official reptile of New Mexico. Q. The New Mexico spadefoot toad, scientifically known as Spea multiplicata, is adopted as the official amphibian of New Mexico. R. The hot air balloon is adopted as the official aircraft of New Mexico.

S. The Cumbres and Toltec scenic railroad is adopted as the official historic railroad of New Mexico. T. The bolo tie is adopted as the official tie of New Mexico. U. The Native American squash blossom necklace is adopted as the official necklace of New Mexico. V. The aroma of green chile roasting is adopted as the official aroma of New Mexico." LAWS 2023, CHAPTER 32 Senate Bill 43 Approved March 30, 2023 AN ACT RELATING TO ELECTIONS; AMENDING THE CRIME OF INTIMIDATION TO INCLUDE ACTS AGAINST ELECTION OFFICIALS AND EMPLOYEES AND AGENTS OF THE SECRETARY OF STATE, COUNTY CLERKS AND MUNICIPAL CLERKS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 32 Section 1 Laws 2023 SECTION 1. Section 1-20-14 NMSA 1978 (being Laws 1969, Chapter 240, Section 438) is amended to read: "1-20-14. INTIMIDATION.--Intimidation consists of inducing or attempting to induce fear in the secretary of state, a county clerk, a municipal clerk or any employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk, member of an election board, voter, challenger or watcher by use of or threatened use of force, violence, infliction of damage, harm or loss, or any form of economic retaliation upon the secretary of state, a county clerk, a municipal clerk or any employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk, member of an election board, voter, challenger or watcher for the purpose of impeding or preventing the free exercise of the elective franchise or the impartial administration of the election or Election Code. Whoever commits intimidation is guilty of a fourth degree felony."

LAWS 2023, CHAPTER 33 Senate Bill 120, aa Approved March 30, 2023 AN ACT RELATING TO PUBLIC EDUCATION; ALLOWING FOR OPEN ENROLLMENT FLEXIBILITY FOR CHILDREN OF MILITARY FAMILIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 33 Section 1 Laws 2023 SECTION 1. Section 22-1-4 NMSA 1978 (being Laws 1975, Chapter 338, Section 1, as amended) is amended to read: "22-1-4. FREE PUBLIC SCHOOLS--EXCEPTIONS--WITHDRAWING AND ENROLLING--OPEN ENROLLMENT.-- A. Except as provided by Section 24-5-2 NMSA 1978, and except as provided in Subsection H of this section, a free public school education shall be available to any school-age person who is a resident of this state and has not received a high school diploma or its equivalent. B. A free public school education in those courses already offered to persons pursuant to the provisions of Subsection A of this section shall be available to any person who is a resident of this state and has received a high school diploma or its equivalent if there is available space in such courses. C. A person entitled to a free public school education pursuant to the provisions of this section may enroll or re-enroll in a public school at any time and, unless required to attend school pursuant to the Attendance for Success Act, may withdraw from a public school at any time. D. In adopting and promulgating rules concerning the enrollment of students transferring from a home school or private school to the public schools, the local school board shall provide that the grade level at which the transferring student is placed is appropriate to the age of the student or to the student's score on a student achievement test administered according to the statewide assessment and accountability system. E. A local school board shall adopt and promulgate rules governing enrollment and re-enrollment at public schools other than charter schools within the school district. These rules shall include:

(1) definition of the school district boundary and the boundaries of attendance areas for each public school; (2) for each public school, definition of the boundaries of areas outside the school district boundary or within the school district but outside the public school's attendance area and within a distance of the public school that would not be served by a school bus route as determined pursuant to Section 22-16-4 NMSA 1978 if enrolled, which areas shall be designated as "walk zones"; (3) priorities for enrollment of students as follows: (a) first, students residing within the school district, or who will be residing within the school district if the student is a child in a military family who will be attending public school in the school district during the upcoming school year as provided in Subsection H of this section, and within the attendance area of a public school and students who had resided in the attendance area prior to a parent who is an active duty member of the armed forces of the United States or member of the national guard being deployed and whose deployment has required the student to relocate outside the attendance area for custodial care; (b) second, students who previously attended the public school or are the children of a military family living in temporary housing and are assigned, awaiting placement or pending a move to permanent housing in a different attendance area where the students' family seeks enrollment of the students in either their current school attendance area or the school attendance area of the permanent housing; and (c) third, all other applicants; (4) establishment of maximum allowable class size if smaller than that permitted by law; and (5) rules pertaining to grounds for denial of enrollment or re-enrollment at schools within the school district and the school district's hearing and appeals process for such a denial. Grounds for denial of enrollment or re-enrollment shall be limited to: (a) a student's expulsion from any school district or private school in this state or any other state during the preceding twelve months; or (b) a student's behavior in another school district or private school in this state or any other state during the preceding twelve months that is detrimental to the welfare or safety of other students or school employees. F. In adopting and promulgating rules governing enrollment and re- enrollment at public schools other than charter schools within the school district, a local school board may establish additional enrollment preferences for rules admitting

students in accordance with the second and third priorities of enrollment set forth in Subparagraphs (b) and (c) of Paragraph (3) of Subsection E of this section. The additional enrollment preferences may include: (1) after-school child care for students; (2) child care for siblings of students attending the public school; (3) children of employees employed at the public school; (4) extreme hardship; (5) location of a student's previous school; (6) siblings of students already attending the public school; and (7) student safety. G. As long as the maximum allowable class size established by law or by rule of a local school board, whichever is lower, is not met or exceeded in a public school by enrollment of first- and second-priority persons, the public school shall enroll other persons applying in the priorities stated in the school district rules adopted pursuant to Subsections E and F of this section. If the maximum would be exceeded by enrollment of an applicant in the second and third priorities, the public school shall establish a waiting list. As classroom space becomes available, persons highest on the waiting list within the highest priority on the list shall be notified and given the opportunity to enroll. H. Every school district and charter school shall allow military families that will be relocating to a military installation in New Mexico pursuant to an official military order to enroll their children in public school prior to their actual physical presence in the school district. A parent may submit the student's name for any lottery-selected charter school, magnet school or other public school program for which the student qualifies. The school district or charter school shall accept electronic applications for enrollment, including enrollment in a specific school or program with the school district or charter school. The school district or charter school shall provide the applicant with materials regarding academic courses, electives, sports and other relevant information regarding the public school in which the student wants to be enrolled. The public school shall preregister the student in anticipation of the student's enrollment. A student's parent: (1) shall provide proof of residence in the school district within forty-five days after the published arrival date provided on official military documentation; and (2) may use any of the following addresses related to the family's military move: (a) a temporary on-base billeting facility;

(b) off-base military housing; or (c) a purchased or leased residence." Chapter 33 Section 2 Laws 2023 SECTION 2. Section 22-8B-4.1 NMSA 1978 (being Laws 2000, Chapter 82, Section 3, as amended) is amended to read: "22-8B-4.1. CHARTER SCHOOLS' ENROLLMENT PROCEDURES.-- A. Start-up schools and conversion schools are subject to the following enrollment procedures: (1) a start-up school may either enroll students on a first-come, first- served basis or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the start-up school; and (2) a conversion school shall give enrollment preference to students who are enrolled in the public school at the time it is converted into a charter school and to siblings of students admitted to or attending the charter school. The conversion school may either enroll all other students on a first-come, first-served basis or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the conversion school. B. In subsequent years of its operation, a charter school shall give enrollment preference to: (1) students who have been admitted to the charter school through an appropriate admission process and remain in attendance through subsequent grades; (2) children of employees employed by the charter school; and (3) siblings of students already admitted to or attending the same charter school." LAWS 2023, CHAPTER 34 Senate Bill 144, aa Approved March 30, 2023 AN ACT RELATING TO PUBLIC PROPERTY; AUTHORIZING THE FACILITIES MANAGEMENT DIVISION OF THE GENERAL SERVICES DEPARTMENT TO ACQUIRE PROPERTY

AND TO MAKE IMPROVEMENTS IN SANTA FE COUNTY FOR USE AS A STATE OFFICE BUILDING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 34 Section 1 Laws 2023 SECTION 1. AUTHORIZATION TO ACQUIRE PROPERTY.-- A. In order to acquire the following property in Santa Fe county for use as state agency offices, the facilities management division of the general services department may purchase and renovate, equip and furnish the educational retirement board building on camino de los Marquez in Santa Fe for use by the public regulation commission. B. The acquisition of property pursuant to Subsection A of this section shall be made at a price not to exceed the value of the property established by the taxation and revenue department using generally accepted appraisal techniques for the type of property purchased. LAWS 2023, CHAPTER 35 Senate Bill 145 Approved March 30, 2023 AN ACT RELATING TO PUBLIC EMPLOYEE PENSIONS; ENSURING PARITY FOR CREDITED SERVICE ACCRUED BY CERTAIN STATE POLICE MEMBERS PURSUANT TO THE PUBLIC EMPLOYEES RETIREMENT ACT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 35 Section 1 Laws 2023 SECTION 1. Section 10-11-27 NMSA 1978 (being Laws 1987, Chapter 253, Section 27, as amended) is amended to read: "10-11-27. STATE POLICE MEMBER, CORRECTIONAL OFFICER MEMBER AND PROBATION AND PAROLE OFFICER MEMBER COVERAGE PLAN 1-- APPLICABILITY--CREDITED SERVICE.-- A. State police member, correctional officer member and probation and parole officer member coverage plan 1 is applicable to:

(1) state police members who are not specifically covered by another coverage plan; (2) adult correctional officer members; (3) juvenile correctional officer members; (4) adult probation and parole officer members; and (5) juvenile probation and parole officer members. B. The credited service of a state police member who was a retired member or a member on or before June 30, 2013 or of an adult correctional officer member shall have actual credited service increased by twenty percent for the purposes of state police member, correctional officer member and probation and parole officer member coverage plan 1. C. The credited service, accrued after July 1, 2021, of a juvenile correctional officer member, an adult probation and parole officer or a juvenile probation and parole officer shall be increased by twenty percent for the purposes of state police member, correctional officer member and probation and parole officer member coverage plan 1. D. Except as provided in Subsection B of this section, the credited service of a member covered under state police member, correctional officer member and probation and parole officer member coverage plan 1 shall be credited as provided in Section 10-11-4 NMSA 1978. E. State police member, correctional officer member and probation and parole officer member coverage plan 1 is applicable to juvenile correctional officer members, adult probation and parole officer members and juvenile probation and parole officer members in the first full pay period after July 1, 2021 if the retirement board certifies to the secretary of state that, of those juvenile correctional officer members, adult probation and parole officer members and juvenile probation and parole officer members to be covered under state police member, correctional officer member and probation and parole officer member coverage plan 1, a majority of the respective members voting have voted to approve adoption of that plan at an election conducted pursuant to Laws 2020, Chapter 11, Sections 63 through 66." Chapter 35 Section 2 Laws 2023 SECTION 2. APPLICABILITY.--The provisions of this act apply to credited service accrued: A. on and after the effective date of this act; and

B. prior to the effective date of this act; provided that the credited service was accrued by a state police member who is subject to the provisions of Subsection B of Section 1 of this act and that state police member has not previously retired. LAWS 2023, CHAPTER 36 Senate Bill 146, aa Approved March 30, 2023 AN ACT RELATING TO TAXATION; AMENDING THE AMOUNT OF TAX LIABILITY REQUIRING ASSESSMENT BY THE SECRETARY OF TAXATION AND REVENUE OR ALLOWED TO BE DISPUTED BY A TAXPAYER; AMENDING PROVISIONS FOR SUBMITTING AN APPLICATION FOR A TAX CREDIT; PROVIDING THAT EVADING OR DEFEATING A TAX WITH SALES SUPPRESSION SOFTWARE CONSTITUTES TAX FRAUD; CLARIFYING PROCESSES FOR PROTESTING THE VALUE OR CLASSIFICATION OF PROPERTY BY A COUNTY ASSESSOR AND THE STATE AND APPEALS OF ORDERS BY A COUNTY VALUATION PROTESTS BOARD. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 36 Section 1 Laws 2023 SECTION 1. Section 7-1-17 NMSA 1978 (being Laws 1965, Chapter 248, Section 20, as amended) is amended to read: "7-1-17. ASSESSMENT OF TAX--PRESUMPTION OF CORRECTNESS.-- A. If the secretary or the secretary's delegate determines that a taxpayer is liable for taxes in excess of fifty dollars ($50.00) that are due and that have not been previously assessed to the taxpayer, the secretary or the secretary's delegate shall promptly assess the amount thereof to the taxpayer. B. Assessments of tax are effective: (1) when a return of a taxpayer is received by the department showing a liability for taxes; (2) when a document denominated "notice of assessment of taxes", issued in the name of the secretary, is mailed or delivered in person to the taxpayer against whom the liability for tax is asserted, stating the nature and amount of the taxes assertedly owed by the taxpayer to the state, demanding of the taxpayer the immediate payment of the taxes and briefly informing the taxpayer of the remedies available to the taxpayer; or

(3) when an effective jeopardy assessment is made as provided in the Tax Administration Act. C. Any assessment of taxes or demand for payment made by the department is presumed to be correct. D. When taxes have been assessed to any taxpayer and remain unpaid, the secretary or the secretary's delegate may demand payment at any time except as provided otherwise by Section 7-1-19 NMSA 1978." Chapter 36 Section 2 Laws 2023 SECTION 2. Section 7-1-24 NMSA 1978 (being Laws 1965, Chapter 248, Section 26, as amended) is amended to read: "7-1-24. DISPUTING LIABILITIES--ADMINISTRATIVE PROTEST.-- A. A taxpayer may dispute: (1) the assessment to the taxpayer of any amount of tax over fifty dollars ($50.00); (2) the application to the taxpayer of any provision of the Tax Administration Act except the issuance of a subpoena or summons; or (3) the denial of or failure either to allow or to deny a: (a) credit or rebate; or (b) claim for refund made in accordance with Section 7-1-26 NMSA 1978. B. The taxpayer may dispute a matter described in Subsection A of this section by filing with the secretary a written protest that: (1) identifies the taxpayer and the tax credit, rebate, property or provision of the Tax Administration Act involved; (2) states the grounds on which the protest is based and summarizes evidence supporting each ground asserted; and (3) states the affirmative relief requested. C. A taxpayer may amend a statement made by the taxpayer in accordance with Paragraphs (2) and (3) of Subsection B of this section at any time prior to ten days before the hearing conducted on the protest in accordance with the Administrative

Hearings Office Act or, if a scheduling order has been issued, in accordance with the scheduling order. The secretary may, in appropriate cases, provide for an informal conference before a hearing of the protest is set by the administrative hearings office or before acting on a claim for refund. D. A taxpayer may file a protest, in the case of an assessment of tax by the department, without making payment of the amount assessed; provided that, if only a portion of the assessment is in dispute, any unprotested amounts of tax, interest or penalty shall be paid, or, if applicable, an installment agreement pursuant to Section 7- 1-21 NMSA 1978 shall be entered into for the unprotested amounts, on or before the due date for the protest. E. A protest by a taxpayer shall be filed within ninety days after: (1) the date of the mailing to the taxpayer by the department of the notice of assessment and demand for payment as provided in Subsection A or D of Section 7-1-17 NMSA 1978; (2) the mailing of the other peremptory notice or demand; (3) the date of the application to the taxpayer of the applicable provision of the Tax Administration Act; or (4) the date of denial of a claim pursuant to Section 7-1-26 NMSA 1978 or the last date upon which the department was required to take action on the claim but failed to take action. F. If a taxpayer fails to timely protest an assessment of tax, penalty or interest: (1) the undisputed amount of tax assessed and not protested becomes final; (2) the taxpayer is deemed to have waived the right to protest the assessment, unless the taxpayer pays the tax and claims a refund of the tax pursuant to Section 7-1-26 NMSA 1978; and (3) the secretary may proceed to enforce collection of the tax if the taxpayer is delinquent as defined by Section 7-1-16 NMSA 1978. G. The fact that the department did not mail the assessment or other peremptory notice or demand by certified or registered mail or otherwise demand and receive acknowledgment of receipt by the taxpayer shall not be deemed to demonstrate the taxpayer's inability to protest within the required time.

H. A proceeding other than one to enforce collection of an amount assessed as tax and to protect the interest of the state by injunction, as provided by Sections 7-1- 31, 7-1-33, 7-1-34, 7-1-40, 7-1-53, 7-1-56 and 7-1-58 NMSA 1978, is not stayed by timely filing of a protest in accordance with this section. I. Nothing in this section shall be construed to authorize a criminal proceeding or to authorize an administrative protest of the issuance of a subpoena or summons." Chapter 36 Section 3 Laws 2023 SECTION 3. Section 7-1-29.2 NMSA 1978 (being Laws 2003, Chapter 398, Section 10) is amended to read: "7-1-29.2. CREDIT CLAIMS.-- A. A taxpayer who submits a complete application for a tax credit is deemed to have received approval of the application if the application has not been granted or denied within one hundred twenty days of the date it was filed. Nothing in this section shall be construed to prevent the department from auditing taxes paid or from assessing taxes owed, including any tax resulting from tax credits found not to be valid. B. A taxpayer who believes that the taxpayer is eligible to receive a tax credit may apply for approval of the credit by directing to the secretary a complete application on the form and in the manner prescribed by the department. C. An application for a tax credit that has all fields completed, includes all attachments required by the application instructions and is submitted in accordance with the application instructions is deemed to be properly before the department for consideration, regardless of whether the department requests additional documentation after receipt of the application for credit. D. If the department requests additional relevant documentation from a taxpayer who has submitted an incomplete application for a tax credit, the application shall be considered complete on the date that the taxpayer mails or delivers sufficient information for the department to consider the application. E. The secretary or the secretary's delegate may approve or deny an application for a tax credit in whole or in part. An approval or denial by the secretary or the secretary's delegate shall be in writing. If the application is denied in whole or in part, the taxpayer shall not refile the denied application, but the taxpayer, within one hundred twenty days after the mailing or delivery of the denial of all or any part of the application, may elect to pursue only one of the remedies provided in this subsection. A taxpayer who timely pursues more than one remedy is deemed to have elected the first remedy requested. The taxpayer may:

(1) direct to the secretary, pursuant to the provisions of Section 7-1-24 NMSA 1978, a written protest that sets forth: (a) the circumstances of the denied application for a tax credit; (b) an allegation that, because of the denial, the state is indebted to the taxpayer for a specified amount, including any allowed interest; (c) a demand for the approval of the application for the tax credit of the specified amount; and (d) a recitation of the facts supporting the application for the tax credit; or (2) commence a civil action in the district court for Santa Fe county by filing a complaint setting forth the circumstance of the denied application for the tax credit; alleging that on account of the denial, the state is indebted to the taxpayer for a specified amount, together with any interest allowable; demanding approval of the application for the tax credit of that amount; and reciting the facts of the application for the tax credit. The taxpayer or the secretary may appeal from any final decision or order of the district court to the court of appeals." Chapter 36 Section 4 Laws 2023 SECTION 4. Section 7-1-73 NMSA 1978 (being Laws 1965, Chapter 248, Section 74, as amended) is amended to read: "7-1-73. TAX FRAUD.-- A. A person is guilty of tax fraud if the person: (1) willfully makes and subscribes any return, statement or other document that contains or is verified by a written declaration that it is true and correct as to every material matter and that the person does not believe it to be true and correct as to every material matter; (2) willfully assists in, willfully procures, willfully advises or willfully provides counsel regarding the preparation or presentation of a return, affidavit, claim or other document pursuant to or in connection with any matter arising under the Tax Administration Act or a tax administered by the department, knowing that it is fraudulent or knowing that it is false as to a material matter, whether or not that fraud or falsity is with knowledge or consent of: (a) the taxpayer or other person liable for taxes owed on the return; or

(b) a person who signs a document stating that the return, affidavit, claim or other document is true, correct and complete to the best of that person's knowledge; (3) files any return electronically, knowing the information in the return is not true and correct as to every material matter; (4) with intent to evade or defeat the payment or collection of any tax, or, knowing that the probable consequences of the person's act will be to evade or defeat the payment or collection of any tax, removes, conceals or releases any property on which levy is authorized or that is liable for payment of tax under the provisions of Section 7-1-61 NMSA 1978, or aids in accomplishing or causes the accomplishment of any of the foregoing; (5) with intent to evade or defeat the payment or collection of any tax, or, knowing that the probable consequences of the person's act will be to evade or defeat the payment or collection of any tax, purchases, installs or uses any sales suppression software; or (6) with the intent to evade or defeat the payment or collection of any tax, or, knowing that the probable consequences of the person's act will be to evade or defeat the payment or collection of any tax, sells, licenses, purchases, installs, transfers, sells as a service, manufactures, develops or possesses any sales suppression software with the purpose to defeat or evade the payment or collection of any tax. B. Whoever commits tax fraud when the amount of the tax owed is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. C. Whoever commits tax fraud when the amount of the tax owed is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. D. Whoever commits tax fraud when the amount of the tax owed is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. E. Whoever commits tax fraud when the amount of the tax owed is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

F. Whoever commits tax fraud when the amount of the tax owed is over twenty thousand dollars ($20,000) is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. G. In addition to the fines imposed pursuant to this section, a person who commits tax fraud shall pay the costs of the prosecution of the person's case. H. As used in this section: (1) "sales suppression software" means hidden or concealed computer software, also known as phantomware, for a point-of-sale system that can create a second set of records or eliminate or manipulate transaction records that may or may not be preserved in digital formats in order to misrepresent the existence or the true record of a transaction in the point-of-sale system. "Sales suppression software" includes an electronic device that carries or contains sales suppression software; (2) "tax" does not include civil penalties or interest; and (3) "willfully" means intentionally, deliberately or purposely, but not necessarily maliciously." Chapter 36 Section 5 Laws 2023 SECTION 5. Section 7-38-21 NMSA 1978 (being Laws 1973, Chapter 258, Section 61, as amended) is amended to read: "7-38-21. PROTESTS--COUNTY-ASSESSED PROPERTY--ELECTION OF REMEDIES.-- A. A property owner may protest the value or classification determined by the county assessor for the property owner's property for property taxation purposes, the allocation of value of the property to a particular governmental unit or a denial of a claim for an exemption or for a limitation on increase in value either by: (1) filing a petition with the county assessor as provided in the Property Tax Code; or (2) filing a claim for refund after paying the property owner's taxes as provided in the Property Tax Code. B. The initiation of a protest under Paragraph (1) of Subsection A of this section is an election to pursue that remedy and is an unconditional and irrevocable waiver of the right to pursue the remedy provided in Paragraph (2) of Subsection A of this section.

C. A property owner may also protest the application to the property owner's property of any administrative fee adopted pursuant to Section 7-38-36.1 NMSA 1978 by filing a claim for refund after paying the property owner's taxes as provided in the Property Tax Code." Chapter 36 Section 6 Laws 2023 SECTION 6. A new Section 7-38-21.1 NMSA 1978 is enacted to read: "7-38-21.1. PROTESTS--STATE-ASSESSED PROPERTY--ELECTION OF REMEDIES.-- A. A property owner may protest the value or classification determined by the department for the property owner's property for property taxation purposes, the allocation of value of the property to a particular governmental unit or a denial of a claim for an exemption by: (1) filing a petition of protest with the administrative hearings office, as provided in the Property Tax Code; or (2) filing a claim for refund with a district court after paying the property owner's taxes as provided in the Property Tax Code. B. The initiation of a protest under Paragraph (1) of Subsection A of this section is an election to pursue that remedy and is an unconditional and irrevocable waiver of the right to pursue the alternative remedy provided in Paragraph (2) of Subsection A of this section." Chapter 36 Section 7 Laws 2023 SECTION 7. Section 7-38-22 NMSA 1978 (being Laws 1973, Chapter 258, Section 62, as amended) is amended to read: "7-38-22. PROTESTING VALUES, CLASSIFICATION, ALLOCATION OF VALUES AND DENIAL OF EXEMPTION DETERMINED BY THE DEPARTMENT.-- A. A property owner may protest the value or classification determined by the department for the property owner's property for property taxation purposes or the department's allocation of value of the property owner's property to a particular governmental unit or the denial of a claim for an exemption by filing a petition with the administrative hearings office. Filing a petition in accordance with this section entitles a property owner to a hearing on the property owner's protest. B. Petitions shall: (1) be filed no later than thirty days after:

(a) the mailing by the department of the notice of valuation; or (b) the mailing of a property tax bill on omitted property pursuant to Section 7-38-76 NMSA 1978; (2) state the property owner's name and address and the description of the property; (3) state why the property owner believes the value, classification, allocation of value or denial of an exemption is incorrect and what the property owner believes the correct value, classification, allocation of value or exemption to be; (4) state the value, classification, allocation of value or exemption that is not in controversy; and (5) contain such other information as the administrative hearings office may by rule require. C. The administrative hearings office shall notify the secretary and the property owner by certified mail of the date, time and place that the parties may appear before the administrative hearings office to present evidence related to the petition; provided that the parties may request, consent or agree to an alternative service method for the notice of hearing. The notice shall be sent at least fifteen days prior to the hearing date. D. The secretary may provide for an informal conference on the protest before the hearing." Chapter 36 Section 8 Laws 2023 SECTION 8. Section 7-38-28 NMSA 1978 (being Laws 1973, Chapter 258, Section 68, as amended) is amended to read: "7-38-28. APPEALS FROM ORDERS OF THE COUNTY VALUATION PROTESTS BOARDS.--A property owner may appeal an order made by a county valuation protests board by filing an appeal pursuant to the provisions of Section 39-3- 1.1 NMSA 1978." Chapter 36 Section 9 Laws 2023 SECTION 9. A new section of Chapter 7, Article 38 NMSA 1978 is enacted to read: "APPEALS FROM DECISIONS AND ORDERS OF THE HEARING OFFICER OF THE ADMINISTRATIVE HEARINGS OFFICE.--

A. A property owner or the secretary may appeal a decision and order of a hearing officer of the administrative hearings office to the court of appeals for further relief, but only to the same extent and on the same theory as was asserted in the hearing before the hearing officer. All such appeals shall be on the record made at the hearing and shall not be de novo. All such appeals shall be taken within thirty days of the date of mailing or delivery of the written decision and order of the hearing officer to the property owner, and, if not so taken, the decision and order are conclusive. B. The procedure for perfecting an appeal pursuant to this section shall be as provided by the Rules of Appellate Procedure. C. On appeal, the court shall set aside a decision and order of the hearing officer only if the decision and order is found to be: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with the law. D. If the secretary appeals a decision and order of the hearing officer and the court's decision, from which either no appeal is taken or no appeal may be taken, upholds the decision of the hearing officer, the court shall award reasonable attorney fees to the property owner. If the court's decision upholds the hearing officer's decision only in part, the award shall be limited to reasonable attorney fees associated with the portion upheld. E. The secretary shall notify the appropriate county assessor of any decision and order or appellate court opinion and shall direct the assessor to take appropriate action to comply with the decision and order." Chapter 36 Section 10 Laws 2023 SECTION 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 37 STBTC/Senate Bill 155 Approved March 30, 2023 AN ACT

RELATING TO TELECOMMUNICATIONS; AMENDING THE RURAL TELECOMMUNICATIONS ACT OF NEW MEXICO; PROVIDING FOR THE USE OF THE STATE RURAL UNIVERSAL SERVICE FUND FOR CONSUMER BROADBAND. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 37 Section 1 Laws 2023 SECTION 1. Section 63-9H-6 NMSA 1978 (being Laws 1999, Chapter 295, Section 6, as amended by Laws 2021, Chapter 118, Section 2 and by Laws 2021, Chapter 120, Section 9) is amended to read: "63-9H-6. STATE RURAL UNIVERSAL SERVICE FUND--ESTABLISHMENT.-- A. The commission shall implement and maintain a "state rural universal service fund" to maintain and support universal service that is provided by eligible telecommunications carriers, including commercial mobile radio services carriers, as are determined by the commission. As used in this section, "universal service" means basic local exchange service, comparable retail alternative services at affordable rates, service pursuant to a low-income telephone assistance plan and broadband internet access service to unserved and underserved areas as determined by the commission. B. The fund shall be financed by a surcharge on intrastate retail public telecommunications services to be determined by the commission, excluding services provided pursuant to a low-income telephone assistance plan billed to end-user customers by a telecommunications carrier, and excluding all amounts from surcharges, gross receipts taxes, excise taxes, franchise fees and similar charges. For the purpose of funding the fund, the commission has the authority to apply the surcharge on intrastate retail public telecommunications services provided by telecommunications carriers, including commercial mobile radio services and voice over internet protocol services, at a competitively and technologically neutral rate or rates to be determined by the commission. The commission may establish the surcharge as a percentage of intrastate retail public telecommunications services revenue or as a fixed amount applicable to each communication connection. For purposes of this section, a "communication connection" means a voice-enabled telephone access line, wireless voice connection, unique voice over internet protocol service connection or other uniquely identifiable functional equivalent as determined by the commission. Such surcharges shall be competitively and technologically neutral. Money deposited in the fund is not public money, and the administration of the fund is not subject to the provisions of law regulating public funds. The commission shall not apply this surcharge to a private telecommunications network; to the state, a county, a municipality or other governmental entity; to a public school district; to a public institution of higher education; to an Indian nation, tribe or pueblo; or to Native American customers who reside on tribal or pueblo land.

C. The fund shall be competitively and technologically neutral, equitable and nondiscriminatory in its collection and distribution of funds, portable between eligible telecommunications carriers and additionally shall provide a specific, predictable and sufficient support mechanism as determined by the commission that ensures universal service in the state. D. The commission shall: (1) establish eligibility criteria for participation in the fund consistent with federal law that ensure the availability of universal service at affordable rates. The eligibility criteria shall not restrict or limit an eligible telecommunications carrier from receiving federal universal service support; (2) provide for the collection of the surcharge on a competitively neutral basis and for the administration and disbursement of money from the fund; (3) determine those services and areas requiring support from the fund; (4) provide for the separate administration and disbursement of federal universal service funds consistent with federal law; and (5) establish affordability benchmark rates for local residential and business services that shall be utilized in determining the level of support from the fund. The process for determining subsequent adjustments to the benchmark shall be established through a rulemaking. E. All incumbent telecommunications carriers and competitive carriers already designated as eligible telecommunications carriers for the fund shall be eligible for participation in the fund. All other carriers that choose to become eligible to receive support from the fund may petition the commission to be designated as an eligible telecommunications carrier for the fund. The commission may grant eligible carrier status to a competitive carrier in a rural area upon a finding that granting the application is in the public interest. In making a public interest finding, the commission may consider at least the following items: (1) the impact of designation of an additional eligible carrier on the size of the fund; (2) the unique advantages and disadvantages of the competitor's service offering; and (3) any commitments made regarding the quality of telephone service. F. The commission shall adopt rules, including a provision for variances, for the implementation and administration of the fund in accordance with the provisions of this section. The rules shall enumerate the appropriate uses of fund support and any

restrictions on the use of fund support by eligible telecommunications carriers. The rules shall require that an eligible telecommunications carrier receiving support from the fund pursuant to Subsection K, L, M or N of this section must expend no less than sixty percent of the support it receives to deploy and maintain broadband internet access services in rural areas of the state. The rules also shall provide for annual reporting by eligible telecommunications carriers verifying that the reporting carrier continues to meet the requirements for designation as an eligible telecommunications carrier for purposes of the fund and is in compliance with the commission's rules, including the provisions regarding use of support from the fund. G. The commission shall, upon implementation of the fund, select a neutral third-party administrator to collect, administer and disburse money from the fund under the supervision and control of the commission pursuant to established criteria and rules promulgated by the commission. The administrator may be reasonably compensated for the specified services from the surcharge proceeds to be received by the fund pursuant to Subsection B of this section. For purposes of this subsection, the commission shall not be a neutral third-party administrator. H. The fund established by the commission shall ensure the availability of universal service as determined by the commission at affordable rates in rural areas of the state; provided, however, that nothing in this section shall be construed as granting any authority to the commission to impose the surcharge on or otherwise regulate broadband internet access services. I. The commission shall ensure that intrastate switched access charges are equal to interstate switched access charges established by the federal communications commission as of January 1, 2006. Nothing in this section shall preclude the commission from considering further adjustments to intrastate switched access charges based on changes to interstate switched access charges. J. To ensure that providers of intrastate retail communications service contribute to the fund and to further ensure that the surcharge determined pursuant to Subsection B of this section to be paid by the end-user customer will be held to a minimum, the commission shall adopt rules, or take other appropriate action, to require all such providers to participate in a plan to ensure accurate reporting. K. The commission shall authorize payments from the fund to incumbent local exchange carriers, in combination with revenue-neutral rate rebalancing up to the affordability benchmark rates. Beginning in 2018, the commission shall make access reduction support payments in the amount made from the fund in base year 2014, adjusted each year thereafter by: (1) the annual percentage change in the number of access lines served by the incumbent local exchange carriers receiving such support for the prior calendar year, as compared to base year 2014; and

(2) changes in the affordability benchmark rates that have occurred since 2014. L. Notwithstanding the provisions of Subsection K of this section, the annual amount of access reduction support payments for an eligible incumbent local exchange carrier in 2024, 2025 and 2026 shall be equal to the annual access reduction support payments for that eligible incumbent local exchange carrier for the year 2023. Access reduction support payments shall be terminated after December 31, 2026. M. The commission shall determine the methodology to be used to authorize payments to all other carriers that apply for and receive eligible carrier status; provided that: (1) an eligible incumbent telecommunications carrier that is not eligible for funding pursuant to rate rebalancing in Subsection K of this section and that has been previously authorized pursuant to Subsection N of this section for need-based support may apply for ongoing fund support; (2) the commission shall award an applicant ongoing fund support at no less than the average access line amount of funding support for comparable carriers; provided that an eligible telecommunications carrier receiving fund support pursuant to this subsection shall not offer basic local exchange residential and business services at rate levels lower than the rates for such services charged by any of the comparable carriers used for the determination of the level of support; (3) the commission shall act upon a request for ongoing fund support within one hundred twenty days of the filing of the request; and (4) nothing in this section shall limit the commission's authority to adopt rules pursuant to Subsection F of this section regarding appropriate uses of fund support and any restrictions on the use of the fund support by eligible telecommunications carriers. N. The commission may also authorize payments from the fund to incumbent rural telecommunications carriers or to telecommunications carriers providing comparable retail alternative services that have been designated as eligible telecommunications carriers serving in rural areas of the state upon a finding, based on factors that may include a carrier's regulated revenues, expenses or investment, by the commission that such payments are needed to ensure the widespread availability and affordability of universal service. The commission shall decide cases filed pursuant to this subsection with reasonable promptness, with or without a hearing, but no later than six months following the filing of an application seeking payments from the fund, unless the commission finds that a longer time will be required, in which case the commission may extend the period for an additional three months.

O. The commission shall adopt rules that establish and implement a broadband program to provide funding to eligible telecommunications carriers for the construction and maintenance of broadband infrastructure. Each year, an amount equal to thirty million dollars ($30,000,000) less the amounts expended pursuant to Subsections K, L, M and N of this section shall be dedicated to the broadband program. P. Rules adopted pursuant to Subsection O of this section shall require that the commission: (1) consider applications for funding on a technology-neutral basis; (2) submit applications for funding to the connect New Mexico council for prioritization and alignment with the statewide broadband plan to ensure digital equity and digital inclusion; and (3) require that the awards of support be consistent with federal universal service support programs. Q. The total obligations of the fund determined by the commission pursuant to this section, plus administrative expenses and a prudent fund balance, shall not exceed a cap of thirty million dollars ($30,000,000) per year. The commission shall evaluate the amount of the cap in an appropriate proceeding to be completed by June 30, 2019 and consider whether, based on the then-current status of the fund, the cap should be modified, maintained or eliminated. R. By October 1 of each year, the commission shall make a report to the legislature regarding the status of the fund, including: (1) relevant data relating to implementation of the broadband program and the progress toward digital equity and digital inclusion in rural areas of the state; (2) recommendations for changes to the structure, size and purposes of the fund and whether the cap on the fund provided for in Subsection Q of this section should be modified, maintained or eliminated; and (3) the service areas that received funding awards from the broadband program and the amounts of those awards. S. The 2025 annual report made pursuant to Subsection R of this section shall include an assessment of the state rural universal service fund that addresses: (1) whether to repurpose the access reduction support funds into the commission's broadband support program; (2) a methodology for determining broadband support levels that is consistent with the requirements of Subsection C of this section and accounts, at a

minimum, for broadband costs, potential revenues from deployed infrastructure and existing federal support mechanisms; (3) the appropriate size of the fund; (4) criteria for awarding funding; (5) the impact of proposed changes on per- connection assessments; and (6) whether all sellers of prepaid telecommunications services should be required to collect state rural universal service fund assessments at the point of sale, similar to the methodology for collecting 911 emergency surcharges pursuant to Section 63-9D-5 NMSA 1978." Chapter 37 Section 2 Laws 2023 SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 38 Senate Bill 176, aa Approved March 30, 2023 AN ACT RELATING TO WATER; AMENDING THE ACEQUIA AND COMMUNITY DITCH INFRASTRUCTURE FUND TO ALLOW FUNDING FOR DISASTER RESPONSE, RECOVERY AND HAZARD MITIGATION AND COST SHARE REQUIREMENTS OF STATE AND FEDERAL FUNDING PROGRAMS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 38 Section 1 Laws 2023 SECTION 1. Section 72-14-24.1 NMSA 1978 (being Laws 2019, Chapter 169, Section 1) is amended to read: "72-14-24.1. ACEQUIA AND COMMUNITY DITCH INFRASTRUCTURE FUND-- CREATED.-- A. The "acequia and community ditch infrastructure fund" is created in the state treasury and shall be administered by the interstate stream commission. The fund consists of money transferred from the New Mexico irrigation works construction fund

and interest accruing to the fund. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the interstate stream commission or the director's authorized representative. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall revert to the New Mexico irrigation works construction fund. B. Money in the fund is appropriated to the interstate stream commission to: (1) provide funding to acequias or community ditches for planning, engineering design or construction of irrigation works, and infrastructure projects, including dams, reservoirs, diversions, ditches, flumes or other appurtenances for the purposes of restoration, repair, disaster response recovery and hazard mitigation, improvement of irrigation efficiency and protection from floods; and (2) match or meet cost share requirements of other state and federal funding programs. C. The interstate stream commission shall: (1) consult with the acequia commission and the New Mexico acequia association to develop: (a) guidelines and criteria for funding eligibility; provided that no local cost share shall be required; (b) applications; and (c) selection requirements with a prioritization on project readiness and need; (2) review acequia or community ditch plans and specifications; (3) inspect completed projects; and (4) report biannually to the acequia commission on the progress of projects funded through the fund and the expenditure of money from the fund. D. As used in this section, "fund" means the acequia and community ditch infrastructure fund." Chapter 38 Section 2 Laws 2023 SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

LAWS 2023, CHAPTER 39 Senate Bill 180, aa, w/cc Approved March 30, 2023 AN ACT RELATING TO ELECTIONS; AMENDING THE ELECTION CODE; DIRECTING RULEMAKING TO DESIGNATE A PUBLIC OFFICIAL'S HOME ADDRESS IN PUBLIC FILINGS AS CONFIDENTIAL; SPECIFYING WHEN THE INSPECTION OF PUBLIC RECORDS ACT APPLIES TO DISCLOSURES PURSUANT TO THE ELECTION CODE; AMENDING AND ENACTING DEFINITIONS; ALLOWING ELECTRONIC NOMINATING PETITION SIGNATURES; CREATING AN ELECTIONS SECURITY PROGRAM; REQUIRING THE USE OF FORMS APPROVED BY THE SECRETARY OF STATE; REQUIRING SERVICE OF PROCESS ON THE SECRETARY OF STATE FOR ELECTION-RELATED LITIGATION; ADDRESSING QUALIFICATIONS OF ELECTION BOARD MEMBERS; REVISING ELECTION BOARD AND MESSENGER COMPENSATION; REQUIRING TRAINING FOR CHALLENGERS AND WATCHERS; REQUIRING VOTER CONVENIENCE CENTERS; PROVIDING FOR A PROGRAM TO RECONCILE VOTER REGISTRATION LISTS; ALLOWING FOR AN ELECTRONIC POLL BOOK ALTERNATIVE; ADJUSTING VOTER REGISTRATION PROCESSING PROCEDURES; AMENDING REQUIREMENTS FOR REGISTRATION AT VOTING LOCATIONS PRIOR TO VOTING; REVISING PROCEDURES AND REQUIREMENTS FOR MAILED BALLOTS, ABSENTEE BALLOTS AND MILITARY OVERSEAS BALLOTS; AMENDING THE INTIMATE PARTNER VIOLENCE SURVIVOR SUFFRAGE ACT; ADJUSTING TIME FRAMES TO FILL A VACANCY ON THE GENERAL ELECTION BALLOT; AMENDING THE PRIMARY ELECTION LAW; REVISING REQUIREMENTS FOR NOMINATIONS AND CANDIDATES; AMENDING VOTING SYSTEMS REQUIREMENTS; ADDRESSING BALLOT PREPARATION; ADDRESSING MAINTENANCE OF BALLOT BOXES AND MONITORED SECURED CONTAINERS; CORRECTING AND PRESCRIBING THE ORDER OF OFFICES ON BALLOTS; REQUIRING THE SENDING OF A NOTICE OF ELECTION; AMENDING PROVISIONS RELATED TO THE CERTIFICATION OF VOTING MACHINES; ADDRESSING PROVISIONAL BALLOTS; ADDRESSING THE COUNTING AND DISPOSITION OF PAPER BALLOTS; ADDRESSING POST-ELECTION DUTIES; REVISING REQUIREMENTS FOR THE IMPOUNDMENT OF BALLOTS, AUDITS, VOTING MACHINE RECHECKS AND RECOUNTS; REVISING TIME FRAMES FOR REFERENDUM PETITIONS; RECOMPILING A SECTION AUTHORIZING LEGISLATIVE CAUCUS COMMITTEES INTO THE CAMPAIGN REPORTING ACT; REVISING ELECTION-RELATED CRIMES; AMENDING THE LOCAL ELECTION ACT; AMENDING THE LOBBYIST REGULATION ACT; AUTHORIZING TAXPAYER

INFORMATION TO BE REVEALED TO THE SECRETARY OF STATE FOR PURPOSES OF MAINTAINING VOTER REGISTRATION RECORDS; AMENDING THE CONFIDENTIAL SUBSTITUTE ADDRESS ACT; MAKING TECHNICAL AND CONFORMING CHANGES; AMENDING, REPEALING, ENACTING AND RECOMPILING SECTIONS OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 39 Section 1 Laws 2023 SECTION 1. A new section of the Election Code is enacted to read: "PUBLIC OFFICIAL HOME ADDRESS CONFIDENTIALITY-- RULEMAKING.-- The secretary of state shall promulgate rules to allow an elected or appointed public official to designate as confidential the public official's home address as stated in election- and financial-related disclosures filed with the secretary of state or county clerks. A home address designated as confidential pursuant to this section is exempt from disclosure pursuant to an Inspection of Public Records Act request and shall not be published on a governmental website. Nothing in this section or the secretary of state's rule shall prohibit the disclosure of the public official's home address if relevant to a judicial proceeding." Chapter 39 Section 2 Laws 2023 SECTION 2. A new section of Chapter 1, Article 1 NMSA 1978 is enacted to read: "REAL-TIME SYNCHRONIZATION.--As used in the Election Code, "real-time synchronization" means that the internet connection at a voting location is able to synchronize voting data with the office of the county clerk in real time." Chapter 39 Section 3 Laws 2023 SECTION 3. Section 1-1-5.2 NMSA 1978 (being Laws 2003, Chapter 356, Section 9, as amended) is amended to read: "1-1-5.2. DEFINITION OF A VOTE--MACHINE-TABULATED--HAND-TALLIED-- WRITE-IN.-- A. For a candidate contest or ballot question that is machine-tabulated on a vote tabulation system certified for use in this state, a vote shall be counted if the: (1) voter's selection of a candidate or answer to a ballot question is indicated in the voting response area of the paper ballot; and

(2) ballot is marked in accordance with the instructions for that ballot type. B. For a candidate contest or ballot question that is hand-tallied, a vote shall be counted if: (1) the ballot is marked in accordance with the instructions for that ballot type; (2) the preferred candidate's name or answer to a ballot question is circled; (3) there is a distinct marking, such as a cross or check, within the voting response area for the preferred candidate or answer to a ballot question; or (4) the presiding judge and election judges hand-tallying the ballot unanimously agree that the voter's intent is clearly discernable. C. For a candidate contest in which there is a declared write-in candidate and a write-in vote is cast, the write-in vote shall be counted if the name is: (1) the name of a declared write-in candidate for that office and position and is on the proper line provided for a write-in vote for that office and position; and (2) written as first and last name; first name, middle name or initial and last name; one or two initials and last name; or last name alone if there is no other declared write-in candidate for the office or position that is the same or so similar as to tend to confuse the candidates' identities; provided that: (a) when the presiding judge and election judges reviewing the write-in vote unanimously agree that the voter's intent is clearly discernable, an abbreviation, misspelling or other minor variation in the form of the name of a declared write-in candidate shall be accepted as a valid vote; and (b) as used in this subsection, "write-in" and "written" do not include the imprinting of any name by stamp or similar method or device or the use of a stencil or a preprinted sticker or label." Chapter 39 Section 4 Laws 2023 SECTION 4. Section 1-1-7.2 NMSA 1978 (being Laws 1973, Chapter 228, Section 5, as amended) is amended to read: "1-1-7.2. PETITIONS--NOMINATIONS--SIGNATURES TO BE COUNTED.--

A. A person who signs a nominating petition shall sign only one petition for the same office unless more than one candidate is to be elected to that office, and in that case, a person may sign not more than the number of nominating petitions equal to the number of candidates to be elected to the office. B. A person who signs a nominating petition shall indicate the person's registration address. If the person does not have a standard street address, the person may provide the mailing address as shown on the person's certificate of registration. C. A signature shall be counted on a nominating petition unless there is evidence presented that the petition does not provide the information required by the nominating petition for each person signing or the person signing: (1) is not a voter of the state, district, county or area to be represented by the office for which the person seeking the nomination is a candidate; (2) has signed more than one petition for the same office, except as provided in Subsection A of this section, and if the person has signed more than one petition for the same office and in the same election cycle, none of the challenged signatures from that person shall count toward the total number of signatures required for any candidate for that office; (3) has signed one petition more than once, in which case only one signature from that person shall count toward the total number of signatures required for that candidate for office; (4) in a primary election, is not of the same political party as the candidate named in the nominating petition as shown by the signer's certificate of registration; or (5) is not the person whose name appears on the nominating petition. D. The procedures set forth in this section shall be used to validate signatures on any petition required by the Election Code, except that Paragraph (4) of Subsection C of this section shall not apply to petitions filed by unaffiliated candidates or petitions filed by candidates of minor political parties. E. No later than January 1, 2024, the secretary of state shall implement a secure internet application, in addition to the paper circulation process, to gather electronic signatures in accordance with rules developed by the secretary of state. The secure internet application shall provide for the ability to verify that a person signing the petition is a registered voter and is eligible to sign the petition for a particular candidate."

Chapter 39 Section 5 Laws 2023 SECTION 5. Section 1-1-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 16, as amended) is amended to read: "1-1-16. REGISTRATION OFFICER.--As used in the Election Code, "registration officer" means the secretary of state, a county clerk, a clerk's authorized deputy, a clerk- authorized member of an election board or a state employee performing registration duties in accordance with the federal National Voter Registration Act of 1993 or Section 1-4-5.2 NMSA 1978." Chapter 39 Section 6 Laws 2023 SECTION 6. A new Section 1-1-27 NMSA 1978 is enacted to read: "1-1-27. PUBLIC RECORDS--DISCLOSURE--PROCEDURE.-- A. Where the Election Code provides for disclosure or nondisclosure of public records relating to elections, the provisions of the Election Code shall apply, and the provisions of the Inspection of Public Records Act shall not be applicable to the disclosure or nondisclosure. B. For any public records relating to elections where the Election Code does not provide for disclosure or nondisclosure of the public records, the provisions of the Inspection of Public Records Act shall apply." Chapter 39 Section 7 Laws 2023 SECTION 7. A new section of Chapter 1, Article 2 NMSA 1978 is enacted to read: "ELECTION-RELATED ORGANIZATION--REGISTRATION REQUIRED.--An election-related organization shall register with the secretary of state at least seventy days before a regularly scheduled statewide election or forty-two days before a special election or an election to fill a vacancy in the United States house of representatives." Chapter 39 Section 8 Laws 2023 SECTION 8. A new section of Chapter 1, Article 2 NMSA 1978 is enacted to read: "ELECTIONS SECURITY PROGRAM--GENERAL RESPONSIBILITIES.-- A. The secretary of state shall maintain an elections security program within the bureau of elections. The program shall have the general responsibility of advising

the secretary of state, county clerks and the voting system certification committee regarding voting system and cybersecurity requirements and ensuring their implementation and shall be the primary liaison working with federal oversight and intelligence agencies regarding elections-critical infrastructure. B. The elections security program may conduct assessments, inspections and incident response in relation to networks and equipment deemed to be elections- critical infrastructure, both at the state and county levels. C. The elections security program shall monitor the functionality of voting systems certified for use in the state to ensure compliance with the security requirements provided for in Chapter 1, Article 9 NMSA 1978 and administrative rules adopted pursuant to that article. D. Documents and communications related to election security or that could put elections-critical infrastructure at risk are exempt from disclosure. E. As used in this section, "elections-critical infrastructure" means those assets, systems and networks, whether physical or virtual, that are considered so vital to elections in this state that their infiltration, incapacitation or destruction would have a debilitating effect on the administration of elections, the secrecy of the ballot and the efficient reporting of accurate results for any election conducted pursuant to the Election Code." Chapter 39 Section 9 Laws 2023 SECTION 9. Section 1-2-1 NMSA 1978 (being Laws 1969, Chapter 240, Section 22, as amended) is amended to read: "1-2-1. SECRETARY OF STATE--CHIEF ELECTION OFFICER--RULES.-- A. The secretary of state is the chief election officer of the state. B. The secretary of state shall: (1) obtain and maintain uniformity in the application, operation and interpretation of the Election Code; and (2) subject to the State Rules Act, make rules pursuant to the provisions of, and necessary to carry out the purposes of, the Election Code and shall furnish to the county clerks copies of such rules; provided that no rule is adopted or amended within the sixty-three days before a primary or a general election. C. No forms or procedures shall be used in any election held pursuant to the Election Code without prior approval of the secretary of state. If a form is authorized or

required by the Election Code and issued or approved by the secretary of state, only the form issued or approved by the secretary may be used." Chapter 39 Section 10 Laws 2023 SECTION 10. A new Section 1-2-1.2 NMSA 1978 is enacted to read: "1-2-1.2. SECRETARY OF STATE--SERVICE OF PROCESS--ACTIONS RELATED TO ELECTIONS.--For the purposes of any action filed in court challenging a procedure or provision of the Election Code, a petition or a candidacy or a post-election action initiated by any person, the secretary of state shall receive service of process, regardless of whether the secretary of state is a party to the action." Chapter 39 Section 11 Laws 2023 SECTION 11. Section 1-2-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 29, as amended) is amended to read: "1-2-7. ELECTION BOARD--QUALIFICATION OF MEMBERS--QUALIFICATION OF PRESIDING JUDGES--QUALIFICATION OF QUALIFIED RESIDENTS.-- A. In order to qualify for appointment by the county clerk as a member of the election board, a person shall: (1) be a voter of the county in which the person is appointed to serve; (2) be able to read and write; (3) have the necessary capacity to carry out an election board member's functions with acceptable skill and dispatch; and (4) execute the election board member's oath of office. B. Before serving as a presiding judge of an election board, a person shall receive training in the duties of that position by the county clerk. C. No person shall be qualified for appointment or service on an election board: (1) who is a candidate to be voted for at the election; (2) who is a spouse, domestic partner, parent, child, brother or sister of any candidate to be voted for at the election;

(3) who is married to a parent, child, brother or sister of any candidate to be voted for at the election or who is the parent of the spouse or domestic partner of any candidate to be voted for at the election; or (4) who is a sheriff, deputy sheriff, marshal, deputy marshal or state or municipal police officer. D. A county clerk may appoint qualified residents to serve on an election board under the direct supervision of the presiding judge. A qualified resident appointed by the county clerk shall: (1) meet the qualifications set forth in Paragraphs (2) through (4) of Subsection A of this section; and (2) be sixteen or seventeen years of age at the time of the election in which the qualified resident is serving as a member of an election board. E. A qualified resident appointed to an election board shall not serve as the presiding judge or as an election judge." Chapter 39 Section 12 Laws 2023 SECTION 12. Section 1-2-12 NMSA 1978 (being Laws 1969, Chapter 240, Section 32, as amended) is amended to read: "1-2-12. ELECTION BOARD--POSITIONS ON EACH BOARD.-- A. Each election board shall consist of: (1) a presiding judge; (2) two election judges; and (3) election clerks who are appointed to assist the presiding judge and election judges. B. The county clerk shall appoint presiding judges and election judges so that not more than two of the three judges belong to the same political party at the time of their appointment; provided that: (1) a judge of an election board shall not have changed party registration in the two years next preceding the judge's appointment in such a manner that the judge's prior party registration would make the judge ineligible to serve on the assigned election board; and

(2) a judge of an election board shall not continue to serve on an election board if the judge changes party registration after the date of appointment in such a manner to make the judge ineligible to serve on the assigned election board. C. The county clerk may appoint teams of election judges under the supervision of one or more presiding judges for absent voter precincts, recounts and special elections; provided that each team shall consist of two election judges and that each election judge on a team shall not belong to the same political party as any other election judge on the team at the time of the appointment; and provided further that an election judge shall not have changed party registration in the two years next preceding the judge's appointment in such manner that the judge's prior party registration would make the judge ineligible to serve on the assigned team. D. The county clerk may appoint election clerks to an election board as necessary to assist the presiding judge and election judges if the county clerk determines that additional election board members are needed. E. County clerk employees may be assigned by the county clerk to provide support to an election board or polling location." Chapter 39 Section 13 Laws 2023 SECTION 13. Section 1-2-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 36, as amended) is amended to read: "1-2-16. ELECTION BOARD--MESSENGERS--COMPENSATION.-- A. Members of an election board and messengers shall be compensated for their services at an hourly rate set by the secretary of state; provided that the rate in each county shall not be less than the federal minimum hourly wage rate nor more than four hundred dollars ($400) for an election day; and provided further that the rate may differentiate among the presiding judge, election judges, election clerks and messengers. Election board members and messengers shall be paid for training and may additionally be paid mileage as provided in the Per Diem and Mileage Act each way over the usually traveled route when an election board member or messenger travels by private vehicle. B. Members of an election board and messengers assigned to alternate voting or alternate mobile voting locations or absent voter precincts may be compensated at an hourly rate set by the county clerk. C. Compensation shall be paid within thirty days following the date of election. D. For purposes of determining eligibility for membership in the public employees retirement association and pursuant to the provisions of Subsection B of

Section 10-11-3 NMSA 1978, election board members and messengers are designated as seasonal employees." Chapter 39 Section 14 Laws 2023 SECTION 14. Section 1-2-20 NMSA 1978 (being Laws 1969, Chapter 240, Section 39, as amended) is amended to read: "1-2-20. MESSENGERS--APPOINTMENT.-- A. The county clerk may appoint messengers to deliver ballot boxes, poll books, keys, election supplies and other materials pertaining to the election. Messengers may also be authorized to collect mailed ballots from polling places or monitored secured containers and removable media storage devices from polling places and deliver each to locations designated by the county clerk. B. Messengers shall take an oath of office before entering into service as a messenger. No person shall serve as a messenger unless the person would also meet the requirements to be a challenger, watcher or election observer pursuant to Paragraphs (1) through (4) and (6) of Subsection C of Section 1-2-22 NMSA 1978. Messengers may be appointed to serve solely in that capacity or may be election board members or county employees also appointed to serve as messengers." Chapter 39 Section 15 Laws 2023 SECTION 15. Section 1-2-22 NMSA 1978 (being Laws 1969, Chapter 240, Section 41, as amended) is amended to read: "1-2-22. CHALLENGERS, WATCHERS AND ELECTION OBSERVERS-- TRAINING--QUALIFICATIONS--RESTRICTIONS.-- A. Before accepting an appointment or entering into service as a challenger or watcher for an election, a person shall attend a training session in advance of that election. The training shall be provided by the county clerk based on a uniform curriculum provided by the secretary of state. The county clerk shall offer the training between thirty-six and twenty-nine days before the election and at least once per week prior to the election through the Thursday before election day. At the end of the training session, each person in attendance shall sign a form provided by the secretary of state indicating an understanding of the permitted and prohibited activities by challengers and watchers. The county clerk shall provide a certificate to each person who completes the training in advance of an election and shall keep and maintain in the office of the county clerk a list of those voters who have completed the training in advance of each election. The list shall be available to be viewed in the office of the county clerk at any time during the regular hours and days of business beginning with the first day following the first training for an election and concluding with the adjournment of the state or county canvass board for that election, whichever is later. The training shall be open to any

interested person, and the county clerk shall post notice of each training at least four days before the training is to be held. B. Challengers shall be voters of a precinct located in the county to which the challenger is appointed. Watchers shall be voters of a precinct in this state. C. A person shall not be qualified for appointment or service as a challenger, watcher or election observer if the person: (1) is a candidate for any office to be voted for at the election; (2) is a spouse, domestic partner, parent, child, brother or sister of any candidate to be voted for at the election; (3) is married to a parent, child, brother or sister of any candidate to be voted for at the election or is the parent of the spouse or domestic partner of any candidate to be voted for at the election; (4) is a sheriff, deputy sheriff, marshal, deputy marshal or state or municipal police officer; (5) has accepted an appointment to serve as an election board member in the same election; (6) has been removed from service as a challenger, watcher, election observer or county canvass observer in the current or immediately preceding election cycle by unanimous vote of the presiding judge and election judges of an election board for violating the permitted or prohibited activities of challengers, watchers, election observers or county canvass observers; provided that the election board detailed with reasonable specificity the conduct that led to the violation on a form prescribed by the secretary of state and the form is retained by the county clerk; or (7) for challengers and watchers, has not completed the training and received a certificate from the county clerk pursuant to Subsection A of this section." Chapter 39 Section 16 Laws 2023 SECTION 16. Section 1-3-4 NMSA 1978 (being Laws 1975, Chapter 255, Section 30, as amended) is amended to read: "1-3-4. CONSOLIDATION OF PRECINCTS--VOTER CONVENIENCE CENTERS.-- A. The board of county commissioners shall establish voter convenience centers through the use of consolidated precincts for voting in a statewide election.

B. When precincts are consolidated and voter convenience centers are established for statewide elections: (1) the resolution required by Section 1-3-2 NMSA 1978, in addition to the other matters required by law, shall state therein which precincts have been consolidated and the location of the voter convenience center within that consolidated precinct; (2) any voter of the county shall be allowed to vote on a regular ballot at any voter convenience center in the county; (3) each voter convenience center shall be a consolidated precinct composed of no more than ten precincts; (4) each voter convenience center shall comply with the provisions of Section 1-3-7 NMSA 1978; (5) each voter convenience center shall have a broadband internet connection and real-time synchronization to access the voter registration electronic management system; (6) the county clerk may maintain any alternate voting locations or mobile alternate voting locations previously used in the same election open for voting on election day as a voter convenience center, in addition to the voter convenience center established within each consolidated precinct; provided that the locations otherwise meet the requirements of a voter convenience center; and (7) the board of county commissioners may permit certain precincts to be exempted from operating as a voter convenience center or being a part of a consolidated precinct if the precinct is designated as a mail ballot election precinct pursuant to Section 1-6-22.1 NMSA 1978. C. Unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived, each voter convenience center shall: (1) have ballots available for voters from every precinct authorized to vote at that voter convenience center; (2) have at least one optical scan tabulator programmed to read every ballot style able to be cast at that voter convenience center; (3) have at least one voting system available to assist disabled voters to cast and record their votes;

(4) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible; (5) have sufficient check-in stations to accommodate voters throughout the day as provided in Section 1-9-5 NMSA 1978; (6) have a secure area for storage of preprinted ballots or for storage of paper ballot stock and a system designed to print ballots; (7) issue a ballot to voters who have provided the required voter identification after the voter has signed a signature roster or an electronic equivalent approved by the voting system certification committee or after the voter has subscribed an application to vote on a form approved by the secretary of state; and (8) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.” Chapter 39 Section 17 Laws 2023 SECTION 17. Section 1-4-1.1 NMSA 1978 (being Laws 2015, Chapter 145, Section 19, as amended) is amended to read: "1-4-1.1. AUTHORIZATION TO VERIFY VOTER REGISTRATION INFORMATION--INVESTIGATION AND RECONCILIATION.-- A. The secretary of state may: (1) provide to the chief election officer of another state or a consortium of chief election officers of other states information that is requested, including social security numbers, dates of birth, driver's licenses and identification card numbers and other information that the secretary of state deems necessary for the chief election officer of that state or for the consortium to maintain a voter registration list, if the secretary of state is satisfied that the information provided pursuant to this paragraph will be used only for the maintenance of that voter registration list; and (2) request from the chief election officer of another state or a consortium of chief election officers of other states information that the secretary of state deems necessary to maintain the statewide voter registration list. B. The secretary of state may enter into a written agreement with an agency or political subdivision of this state or with a department of the federal government pursuant to which the state agency, political subdivision or federal department shall provide to the secretary of state information that is in the possession of the state agency, political subdivision or federal department and that the secretary of state deems necessary to maintain the statewide voter registration list.

C. The secretary of state shall enter into a written agreement with the secretary of taxation and revenue to match information in the database of the voter registration electronic management system with information in the database of the motor vehicle division of the taxation and revenue department to the extent required to enable each official to verify the accuracy of the information provided on applications for voter registration. Upon the execution of the written agreement, the secretary of taxation and revenue shall enter into an agreement with the federal commissioner of social security pursuant to 52 U.S.C. Section 21083, for the purpose of verifying applicable information. D. The secretary of state shall provide to the appropriate county clerk in this state and to no other person necessary information or documentation received by the secretary of state from or through an agency or political subdivision of this state, a federal department, the chief election officer of another state or a consortium of chief election officers of other states that calls into question the information provided on a certificate of registration; that raises questions regarding the status of a person registered to vote in this state; or that suggests that a voter may have voted in two states during the same election. The county clerk shall not disclose information received from the secretary of state pursuant to this subsection except as necessary to complete an investigation pursuant to this section. The county clerk shall investigate or reconcile the information received from the secretary of state. E. The secretary of state shall develop a general program that is uniform and nondiscriminatory for county clerks to investigate and reconcile the information received from the secretary of state and to identify voters who may be eligible for cancellation from the statewide voter registration list. The general program shall describe the best practices and requirements for investigating and reconciling information that is derived from comparisons of different databases, including safeguards to ensure that eligible voters are not removed in error from the official list of voters, and provide a procedure to cancel certificates of registration for voters: (1) confirmed to have voted in another state requiring residence in that state if previous to the out-of-state vote, the voter was registered to vote in this state; or (2) confirmed to be on the social security master death index file." Chapter 39 Section 18 Laws 2023 SECTION 18. Section 1-4-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 66, as amended) is amended to read: "1-4-8. DUTIES OF COUNTY CLERK--ACCEPTANCE OF REGISTRATION-- CLOSE OF REGISTRATION--LATE REGISTRATION.-- Except for qualified electors who register to vote or update a certificate of registration at a voting location prior to voting pursuant to Section 1-4-5.7 NMSA 1978, for qualified electors seeking to register

to vote or update an existing voter registration in the state, the following provisions shall apply: A. to participate in an election, the deadline to register to vote or update an existing voter registration is twenty-eight days prior to that election; B. the county clerk shall receive certificates of registration at all times during normal working hours, except that the clerk shall not process any certificate of registration subscribed and sworn beginning the first business day after the deadline to register to vote or update an existing voter registration before an election if the residential address on the certificate of registration indicates that the registration is for a: (1) statewide election, within the county; or (2) special election, within any precinct in the county in which votes may be cast in the special election; C. between the deadline to register to vote or update an existing voter registration through the day of the election, the county clerk shall process all: (1) new voter registrations that meet the requirements of this section; (2) updates to existing voter registrations in this state that meet the requirements of this section; provided that an update to an existing registration in this state shall not be processed if the voter has requested or been sent a ballot in the election, unless the voter executes an affidavit stating that the voter has not and will not vote the ballot that was issued and the ballot register does not show that a ballot from the voter has been cast in the election; and (3) pending cancellations of existing voter registrations in this state through the day of the election; provided that a cancellation of an existing voter registration shall not be processed if the voter has requested or been sent a ballot in the election; D. certificates of registration and cancellations of existing voter registrations not processed pursuant to Subsection B or C of this section may be processed beginning the Monday following an election and shall be processed beginning no later than the first business day after the approval of the county canvass report for that election, at which time a voter information document shall be mailed to the registrant at the address shown on the certificate of registration; provided that if there is a subsequent election scheduled at which a qualified elector or voter would be eligible to vote if the certificate of registration were processed on an earlier date, the certificate of registration for that qualified elector or voter shall be processed by the county clerk on a day and in a manner to ensure the ability of the qualified elector or voter to vote in the subsequent election;

E. when the deadline to register to vote or update an existing voter registration prior to an election referred to in this section is a Saturday, Sunday or state holiday, registration certificates shall be accepted through the next succeeding business day for the office of the county clerk; and F. the county clerk shall accept for filing and process any certificate of registration that is subscribed and dated on or before the deadline to register to vote or update an existing voter registration prior to an election and: (1) received by the county clerk by the end of the last regular business day of the week for the office of the county clerk immediately following the deadline to register to vote or update an existing voter registration prior to an election; (2) mailed and postmarked on or before the day of the deadline to register to vote or update an existing voter registration prior to any election referred to in this section; or (3) accepted at a state agency designated pursuant to Section 1-4-5.2 NMSA 1978." Chapter 39 Section 19 Laws 2023 SECTION 19. Section 1-4-11 NMSA 1978 (being Laws 1969, Chapter 240, Section 67, as amended) is amended to read: "1-4-11. DUTIES OF COUNTY CLERK--UPON RECEIPT OF CERTIFICATES.-- A. Upon receipt of a complete certificate of registration, if the certificate of registration is in proper form, the county clerk shall determine if the qualified elector applying for registration is already registered in the registration records of the county. If the qualified elector is not already registered in the county and if the certificate of registration is received within the time allowed by law for filing certificates of registration in the county clerk's office, the county clerk shall sign or stamp, in the space provided therefor on each copy of the certificate, the qualified elector's name and the date the certificate was accepted for filing in the county registration records. Voter information shall be handed or mailed immediately to the qualified elector and to no other person. B. If the applicant's certificate of registration is rejected for any reason, the county clerk shall stamp or write the word "rejected" on the new certificate of registration and hand or mail it, if possible, to the applicant with an explanation of why the new certificate of registration was rejected and what remedial action, if any, the applicant must take to bring the registration up to date or into compliance with the Election Code. C. The county clerk shall reject any certificate of registration that does not contain the qualified elector's name, address and date of birth, along with a signature or usual mark. If the qualified elector is a new voter, the county clerk shall reject any

certificate of registration that does not contain the qualified elector's driver's license or state identification number issued by the motor vehicle division of the taxation and revenue department, social security number or last four digits of the qualified elector's social security number. The county clerk shall reject any certificate of registration in which the question regarding citizenship is not answered or is answered in the negative. D. A full social security number is required to finish processing a new voter registration in this state. If the certificate of registration does not contain a social security number, the county clerk shall ascertain the qualified elector's social security number from the qualified elector's previous certificate of registration, from the motor vehicle division of the taxation and revenue department or from the secretary of state. E. If the county clerk rejects a certificate of registration because required information is not provided on the certificate or cannot ascertain the qualified elector's social security number, the county clerk shall indicate this on the qualified elector's certificate of registration and shall make the appropriate notation in the voter file, indicating that the voter is required to provide the full social security number prior to receiving a ballot and, until it is provided, may only vote on a provisional ballot. The provisional ballot shall be counted if the required information is provided or the voter's full social security number is ascertained during the period for counting provisional ballots, including any appeals provided for in the Election Code. F. If the qualified elector does not register in person, has not previously voted in an election in New Mexico and does not provide the registration officer with the required documentary identification, the registration officer shall indicate this on the qualified elector's certificate of registration and the county clerk shall note this on the appropriate precinct signature roster." Chapter 39 Section 20 Laws 2023 SECTION 20. Section 1-4-34 NMSA 1978 (being Laws 1969, Chapter 240, Section 90, as amended) is amended to read: "1-4-34. BOARD OF REGISTRATION--BOARD OF COUNTY COMMISSIONERS--APPOINTMENT.-- A. The board of county commissioners shall, in June or July of each odd- numbered year, appoint five voters who shall constitute the board of registration for the county; provided that a county with fewer than five thousand residents as of the last federal decennial census may appoint three voters who shall constitute the board of registration for the county. B. Members of the board of registration shall not during their service be county employees, elected officials or candidates for public office, and not more than two members of the board of registration shall be members of the same political party at the time of their appointment; provided that:

(1) a member of the board of registration shall not have changed party registration in the two years next preceding the member's appointment in such a manner that the member's prior party registration would make the member ineligible to serve on the board of registration; and (2) a member of the board of registration shall not continue to serve on the board of registration if the member changes party registration after the date of appointment in such a manner to make the member ineligible to serve on the board of registration. C. In the event that a position on the board of registration becomes vacant for any of the reasons described in Section 10-3-1 NMSA 1978, the board of county commissioners shall appoint a replacement who shall qualify pursuant to Subsection B of this section and serve until the expiration of the original term." Chapter 39 Section 21 Laws 2023 SECTION 21. Section 1-4-47 NMSA 1978 (being Laws 1991, Chapter 80, Section 4, as amended) is amended to read: "1-4-47. DRIVER'S LICENSE VOTER REGISTRATION.-- A. Every person who is a qualified elector and is applying for a driver's license, to renew a driver's license or for an identification card shall, if qualified to register to vote, with the consent of the applicant be simultaneously registered to vote. B. The secretary of taxation and revenue shall select certain employees of the motor vehicle division of the taxation and revenue department or employees of entities on contract to provide field services to the motor vehicle division to provide assistance to any applicant requesting voter registration assistance. C. Every motor vehicle division office, field office or contract field office of the division shall display within the offices clearly visible signs stating "voter registration assistance available" and: (1) personnel in each office shall advise each person who is a qualified elector and an applicant for licensure or renewal or for an identification card that initial voter registration or a change of address for voter registration may be made simultaneously with the motor vehicle application; (2) voter registration shall be conducted in a manner such that the applicant completes the full certificate of registration electronically; (3) the applicant's digital signature shall be affixed to the certificate of registration using an electronic signature in conformance with the Electronic

Authentication of Documents Act and the Uniform Electronic Transactions Act, and the form and signature shall be transmitted to the secretary of state; and (4) every certificate of registration completed electronically shall include the applicant's full social security number and shall be transmitted by means of a secured electronic transmission to the secretary of state for delivery to the appropriate county clerk. D. A motor vehicle division employee or contractor shall not intentionally influence the prospective registrant in the selection of political party, or independent status, by word or act. A motor vehicle division employee or contractor shall not reveal the existence of or the nature of the voter registration to anyone other than a registration officer. E. Any certificate of voter registration completed on a paper form and made or accepted at a motor vehicle division office, field office or contract field office shall be transmitted to the secretary of state or the county clerk of the county in which the office is located within seven days. F. The secretary of state shall work with the motor vehicle division to: (1) ensure compliance in the application of the provisions of this section with the federal National Voter Registration Act of 1993; (2) ensure consistent implementation in the various counties, based on county classification and developing technology; and (3) develop procedures to ensure that, once voter registration information is transmitted to the appropriate registration officer, the voter's certificate of registration is printed and placed in the county's register of voters." Chapter 39 Section 22 Laws 2023 SECTION 22. Section 1-5-6 NMSA 1978 (being Laws 1969, Chapter 240, Section 108, as amended) is amended to read: "1-5-6. PRECINCT VOTER LISTS--SIGNATURE ROSTER PREPARATION-- ELECTRONIC POLL BOOK ALTERNATIVE.-- A. The county clerk shall provide for preparation of precinct voter lists and signature rosters generated from the official state voter file for any precincts or an electronic poll book alternative approved by the voting system certification committee and certified by the secretary of state.

B. The precinct voter lists and signature rosters or an electronic poll book alternative shall be used at any election for which registration of voters is required in lieu of bound original certificates of registration and poll books." Chapter 39 Section 23 Laws 2023 SECTION 23. Section 1-6-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 130, as amended) is amended to read: "1-6-4. MAILED BALLOT APPLICATION.-- A. In a statewide election, application by a voter for a mailed ballot shall be made only on the official form approved by the secretary of state or its online equivalent accessed through a website authorized by the secretary of state. The form shall identify the applicant and contain information to establish the applicant's qualification for issuance of a mailed ballot under the Absent Voter Act. B. Each application on a paper form for a mailed ballot shall be signed by the applicant and shall require the applicant's printed name, registration address and year of birth. When submitted by the voter, the county clerk shall accept an application for a mailed ballot pursuant to this subsection regardless of whether the application for a mailed ballot is delivered to the county clerk on paper or by electronic means. When submitted by a third party, the county clerk shall not accept an application for a mailed ballot pursuant to this subsection if the application for a mailed ballot is delivered by electronic means. C. The secretary of state shall allow a voter to submit an online application for a mailed ballot through a website authorized by the secretary of state; provided that the voter shall have a current or expired New Mexico driver's license or state identification card issued by the motor vehicle division of the taxation and revenue department. An online request for a mailed ballot shall contain all of the information that is required for a paper form. The voter shall also provide the person's full New Mexico driver's license number or state identification card number. D. When a voter requests a mailed ballot pursuant to this section, the voter shall mark the box associated with the following statement, which shall be included as part of the online mailed ballot request form: "By clicking the boxes below, I swear or affirm all of the following: [ ] I am the person whose name and identifying information is provided on this form and I desire to request a mailed ballot to vote in the state of New Mexico; and [ ] All of the information that I have provided on this form is true and correct as of the date I am submitting this form.".

E. Online applications for mailed ballots shall retain the dates of submission by the qualified elector and of acceptance by the county clerk. For purposes of deadlines contained in the Election Code, the time and date of the submission by the voter shall be considered the time and date when the application for a mailed ballot is received by the county clerk. F. New registrants who registered for the first time in this state by mail and at that time did not provide acceptable documentary identification as required by federal law shall be informed of the need to comply with federal identification requirements when returning the requested ballot and notified that if the registrant votes for the first time in New Mexico by mail and does not follow the instructions for returning the required documentary identification, the registrant waives the right to secrecy in that mailed ballot. The secretary of state shall issue rules to exempt voters from submitting identification only as required by federal law and shall review and, if necessary, update these rules no later than March 15 of even-numbered years. G. A person who willfully and with knowledge and intent to deceive or mislead any voter, election board, canvassing board, county clerk or other election official and who falsifies any information on an absentee ballot request form or who affixes a signature or mark other than the person's own on a mailed ballot request form is guilty of a fourth degree felony." Chapter 39 Section 24 Laws 2023 SECTION 24. Section 1-6-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 131, as amended) is amended to read: "1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT.-- A. The county clerk shall mark each completed application for a mailed ballot with the date and time of receipt in the clerk's office and enter the required information in the ballot register. The county clerk shall then determine if the applicant is a voter and if the voter is a uniformed-service voter or an overseas voter. If the applicant is a uniformed-service voter or overseas voter, the application shall be processed pursuant to the Uniform Military and Overseas Voters Act. An application for a mailed ballot from a voter who is not a federal qualified elector is timely if received by the county clerk no later than fourteen days prior to election day. B. If the applicant does not have a valid certificate of registration on file in the county, a mailed ballot shall not be issued and the county clerk shall mark the application "rejected" and file the application in a separate file from those accepted. C. When required by federal law, if the applicant has on file with the county a valid certificate of registration that indicates that the applicant is a voter who is a new registrant in the state and who registered by mail without submitting the required documentary identification, the county clerk shall notify the voter that the voter must

submit with the mailed ballot a form of documentary identification from the list in Paragraph (3) of Subsection I of Section 1-4-5.1 NMSA 1978. The county clerk shall note on the ballot register and signature roster that the applicant's mailed ballot must be returned with the required voter identification. D. If the applicant has on file with the county a valid certificate of registration, the county clerk shall mark the application "accepted" and deliver a mailed ballot to the voter and the required envelopes for use in returning the ballot. E. Upon the mailing of a mailed ballot to an applicant who is a voter, an appropriate designation shall be made in the absentee ballot register. F. A mailed ballot shall not be delivered by the county clerk to any person other than the applicant for the ballot. Mailed ballots shall be sent to applicants beginning twenty-eight days before the election. For each application for a mailed ballot received twenty-three or more days before the election, the county clerk shall send either the ballot or a notice of rejection to the applicant as soon as practicable; provided that the ballot or a notice of rejection is sent not later than twenty-two days before the election. For each application for a mailed ballot received within twenty-two days of election day, the county clerk shall send either the mailed ballot or a notice of rejection to the applicant within twenty-four hours after receipt of the voter's application for a mailed ballot. G. If the application for a mailed ballot from a voter who is not a federal qualified elector indicates that the mailed ballot is to be delivered to an address other than an address listed on the voter's certificate of registration, the county clerk shall prepare a notice of requested mailed ballot. The notice of requested mailed ballot shall inform the voter of the address to which the ballot was mailed along with the phone number of the county clerk's office and the internet address of the voter web portal provided by the secretary of state. The notice of requested mailed ballot shall be sent to the address provided on the voter's certificate of registration on the same day the county clerk sends the mailed ballot to the address requested by the voter. H. When an application for a mailed ballot is rejected pursuant to this section, the county clerk shall send a notice of rejection to the mailing address on the voter's certificate of registration and the address listed on the voter's application for mailed ballot, if different. The notice of rejection shall indicate the reason for the rejection and, if applicable, information on how to correct the deficiency that is the reason for the rejection. If an application is rejected because it was not timely received, the county clerk shall, within twenty-four hours of receipt of the application, send a rejection notice to the voter that shall include a list of the early voting locations and election day polling places in the county. I. The county clerk shall only accept applications for a mailed ballot made through the official web portal operated by the secretary of state or submitted on the official form. If a voter submits more than one application for a mailed ballot containing

the same information, subsequent applications containing the same information shall not be processed." Chapter 39 Section 25 Laws 2023 SECTION 25. Section 1-6-5.7 NMSA 1978 (being Laws 2005, Chapter 270, Section 40, as amended) is amended to read: "1-6-5.7. EARLY VOTING--USE OF ABSENTEE VOTING PROCEDURES-- COUNTY CLERK'S OFFICE--ALTERNATE VOTING LOCATIONS.-- A. Commencing on the twenty-eighth day preceding the election during the regular hours and days of business at the county clerk's office and on the Saturday immediately prior to the date of the election, early voting shall be conducted in each office of the county clerk; provided that: (1) when marking a ballot in person at the county clerk's office, the voter shall provide the required voter identification to the county clerk or the clerk's authorized representative. If the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional ballot. If the voter provides the required voter identification, the voter, after subscribing an application for an absentee ballot, shall be allowed to vote by inserting the ballot into an optical scan tabulator certified for in-person absentee voting at the county clerk's office. The county clerk or the clerk's authorized representative shall make an appropriate designation indicating that the voter has voted. In marking the ballot, the voter may be assisted pursuant to the provisions of Section 1-12-15 NMSA 1978; (2) the act of marking the ballot in the office of the county clerk shall be a convenience to the voter in the delivery of the ballot and does not make the office of the county clerk a polling place subject to the requirements of a polling place in the Election Code; (3) in addition to the regular business hours and days of business of the county clerk's office and on the Saturday immediately prior to the date of the election, early voting may be conducted in each office of the county clerk no earlier than 7:00 a.m. and shall close no later than 9:00 p.m. and shall be available for at least eight consecutive hours each day; and not later than ninety days before each statewide election, the county clerk shall post the location and hours of operation at the county clerk's office and shall not modify the location or hours of operation of early voting at the county clerk's office except with the written approval of the secretary of state and upon posting the approved changes; and (4) if the county clerk establishes an additional alternate voting location near the clerk's office, ballots may be marked in person at that location during the regular hours and days of business beginning on the twenty-eighth day preceding the election and during the hours for voting at alternate voting locations commencing on the

third Saturday prior to the election through the Saturday immediately prior to the election. The additional alternate voting location may be operated by the county clerk and the county clerk's staff. B. Commencing on the third Saturday prior to a statewide election and ending on the Saturday immediately prior to the date of the election, an early voter may vote in person on a voting system at alternate voting locations that may be established by the county clerk; provided that: (1) the county clerk shall establish: (a) in counties with more than ten thousand voters, not fewer than one alternate voting location; (b) in counties with more than fifty thousand voters, not fewer than four alternate voting locations; and (c) in counties with more than one hundred fifty thousand voters, not fewer than fifteen alternate voting locations; and (2) not later than ninety days before each statewide election, the county clerk shall post the location and hours of operation for early voting locations in the county, which shall open no earlier than 7:00 a.m. and shall close no later than 9:00 p.m. Within ninety days of a statewide election, a county clerk shall not modify the location or hours of operation of early voting locations except with the written approval of the secretary of state and upon posting the approved changes. Early voting locations shall be open each day of early voting for at least eight consecutive hours. Alternate voting locations may be closed Sundays and Mondays during the early voting period. C. Each early voting location shall comply with the following provisions, unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived: (1) have ballots available for voters from every precinct in the county; (2) have at least one optical scan tabulator programmed to read every ballot style in the county; (3) have at least one voting system available to assist disabled voters to cast and record their votes; (4) have a broadband internet connection; (5) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible;

(6) have a secure area for storage of pre-printed ballots or for storage of a paper ballot stock and a system designed to print ballots at a polling location; and (7) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990. D. When voting at an early voting location, the voter shall provide the required voter identification to the election board, county clerk or the clerk's authorized representative. If the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional ballot. If the voter provides the required voter identification, the voter shall be allowed to vote after subscribing an application to vote on a form approved by the secretary of state or its electronic equivalent approved by the voting system certification committee. The county clerk or the clerk's authorized representative shall make an appropriate designation on the signature roster or register next to the voter's name indicating that the voter has voted early." Chapter 39 Section 26 Laws 2023 SECTION 26. Section 1-6-6 NMSA 1978 (being Laws 1969, Chapter 240, Section 132, as amended) is amended to read: "1-6-6. BALLOT REGISTER.-- A. For each statewide election, the county clerk shall keep an "absentee ballot register", in which the county clerk shall enter: (1) the name and address of each absentee ballot applicant; (2) the date of receipt of the application; (3) whether the application was accepted or rejected; (4) the date of issue of an absentee ballot at an early voting location or the mailing of an absentee ballot to the applicant; (5) the applicant's precinct; (6) whether the applicant is a voter and whether the voter is a uniformed-service voter or an overseas voter; (7) whether the voter is required to submit documentary identification pursuant to Section 1-6-5 NMSA 1978; and (8) the date the completed mailed ballot was received from the voter by the county clerk or the absent voter registered a ballot early in person in the county clerk's office or at an alternate location.

B. For each special election, the county clerk shall keep a "mailed ballot register", in which the county clerk shall enter: (1) the name and address of each voter to whom a mailed ballot was sent; (2) the date of mailing of a mailed ballot to the voter; (3) the applicant's precinct; (4) whether the voter is a uniformed-service voter or an overseas voter; (5) whether the voter is required to submit a documentary identification pursuant to Section 1-6-5 NMSA 1978; and (6) the date and time the completed mailed ballot was received from the voter by the county clerk. C. Each ballot register is a public record open to public inspection in the county clerk's office during regular office hours. The county clerk shall have an updated ballot register available for public inspection Monday through Friday during regular office hours. D. The county clerk shall deliver to the absent voter election board on election day a complete list of all absentee ballot applicants and early voters with applicable information shown in the absentee ballot register for each applicant and early voter up to 6:00 p.m. on the Saturday preceding a statewide election. The county clerk shall deliver a signature roster containing the same information as the lists to the absent voter election board. E. Upon request by a candidate, a political committee or the state or county chair of a political party represented on the ballot in an election, the secretary of state or county clerk shall transmit without charge to an electronic address provided in the request a complete copy of entries made in the absentee ballot register statewide or in the county. Such transmissions shall be made daily beginning four weeks immediately prior to the election through the Saturday immediately following the election.” Chapter 39 Section 27 Laws 2023 SECTION 27. Section 1-6-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 134, as amended) is amended to read: "1-6-8. MAILED BALLOT ENVELOPES.-- A. The secretary of state shall prescribe the form of, procure and distribute to each county clerk a supply of:

(1) official inner envelopes for use in sealing the completed mailed ballot; (2) official mailing envelopes for use in returning the official inner envelope to the county clerk, which shall be postage-paid; provided that only the official mailing envelope for absentee ballots in a political party primary shall contain a designation of party affiliation; (3) mailed ballot instructions, describing proper methods for completion of the ballot and returning it; and (4) official transmittal envelopes for use by the county clerk in sending mailed ballot materials. B. Official transmittal envelopes and official mailing envelopes for transmission of mailed ballot materials to and from the county clerk and voters shall be printed in black in substantially similar form. All official inner envelopes shall be printed in black. C. The reverse of each official mailing envelope shall contain a form to be executed under penalty of perjury by the voter completing the mailed ballot. The form shall identify the voter and shall contain the pre-printed name of the voter to whom the ballot was sent and the following statement to be affirmed by the voter: "I attest under penalty of perjury that I am the voter identified on this official mailing envelope and that I have not and will not vote any other ballot in this election.". The official mailing envelope shall contain a space for the voter to record the voter's signature and the last four digits of the voter's social security number, which shall constitute the required voter identification. Under the space for the voter's signature shall be the following statement: "NOTICE: The only people who may lawfully mail or deliver this ballot to the county clerk are the voter, a member of the voter's immediate family or household, the voter's caregiver or a person with whom the voter has a continuing personal relationship.". The envelope shall have a security flap to cover this information." Chapter 39 Section 28 Laws 2023 SECTION 28. A new Section 1-6-8.1 NMSA 1978 is enacted to read: "1-6-8.1. MAILED BALLOTS--NOTICE TO VOTERS.-- A. In a statewide election, each mailed ballot sent to a voter in the election shall contain the following notice: "This ballot may be returned to the office of the county clerk or any open voting location or monitored secured container in the county where you are registered to vote at any time up to 7:00 p.m. on the day of the election. If this ballot is returned by mail, to ensure timely postal delivery to the county clerk, the ballot should be mailed no later than __________.".

B. In a special election, each mailed ballot sent to a voter in the election shall contain the following notice: "This ballot may be returned to the office of the county clerk or a monitored secured container in the county where you are registered to vote at any time up to 7:00 p.m. on the day of the election. If this ballot is returned by mail, to ensure timely postal delivery to the county clerk, the ballot should be mailed no later than __________.". C. The date used in the notice shall be seven days prior to the election day." Chapter 39 Section 29 Laws 2023 SECTION 29. Section 1-6-9 NMSA 1978 (being Laws 1969, Chapter 240, Section 135, as amended) is amended to read: "1-6-9. MAILED BALLOTS--MANNER OF VOTING--DELIVERY METHODS.-- A. When voting a mailed ballot, the voter shall secretly mark the mailed ballot in the manner provided in the Election Code for marking paper ballots, place it in the official inner envelope and securely seal the envelope. The voter shall then place the official inner envelope inside the official mailing envelope and securely seal the envelope. The voter shall then complete the form on the reverse of the official mailing envelope under the privacy flap. The voter or another person authorized by law shall then return the official mailing envelope containing the voted ballot to the county clerk of the voter's county of residence. If returned by a person other than the voter, the official mailing envelope shall contain the signature, printed name and relationship to the voter of the person returning the ballot. B. The official mailing envelope may be returned by mail using the United States postal service. The secretary of state shall implement a free-access tracking system for each voter to be able to see the status of the voter's mailed ballot while en route to the voter as well as when returned to the county clerk. C. The official mailing envelope may be returned using a commercial delivery service; provided that unless the secretary of state has approved the use of a specific commercial delivery service, the voter shall be responsible for the costs of delivery by means of such service. D. The official mailing envelope may be returned in person to the office of the county clerk or, in a statewide election, to an alternate voting location, mobile alternate voting location, election day voting location or other location where the receipt and storage of the official mailing envelope containing a voted ballot is under the supervision of an election official or county clerk's agent. E. The official mailing envelope may be returned by depositing the official mailing envelope in a monitored secured container made available by the county clerk

to receive an official mailing envelope containing a voted ballot for that election; provided that: (1) the location of the containers and the days and times the containers will be available to receive ballots are posted by the county clerk at least forty-two days before an election; (2) the location of a monitored secured container is considered a polling place for purposes of electioneering too close to the polling place in violation of Section 1-20-16 NMSA 1978; (3) all secured containers shall be monitored by video surveillance cameras and the video recorded by that system shall be retained by the county clerk as a record related to voting pursuant to the provisions of Section 1-12-69 NMSA 1978; (4) signage at the location of a monitored secured container shall inform voters and those dropping off ballots at the location: (a) that it is a violation of law for any person who is not an immediate family member, which includes a voter's spouse, child, parent, domestic partner, grandchild, grandparent, sibling or person with whom the voter has a continuing personal relationship, to collect and deliver a ballot for another person except as authorized by the Election Code; (b) that electioneering is prohibited within one hundred feet of the monitored secured container; and (c) of the range of dates and approximate time the ballots will be collected for that election; and (5) at least every three days and on election day after the polls close, the county clerk, deputy county clerk, election board member or messenger shall collect the ballots from the monitored secured containers and register the date and container location on each official mailing envelope. F. It is a violation of Section 1-20-6 NMSA 1978 for any person to possess a key to a monitored secured container without authorization from the county clerk. It is a violation of Section 1-20-7 NMSA 1978 for any person other than the secretary of state or the county clerk to provide or operate a monitored secured container or other receptacle to receive voted ballots." Chapter 39 Section 30 Laws 2023 SECTION 30. Section 1-6-10 NMSA 1978 (being Laws 1969, Chapter 240, Section 136, as amended) is amended to read:

"1-6-10. RECEIPT OF MAILED BALLOTS BY CLERK.-- A. Completed official mailing envelopes that are received at the county clerk's office or a polling place or that are retrieved from the post office or a monitored secured container shall be accepted until 7:00 p.m. on election day. A completed official mailing envelope received after that time shall not be qualified or opened but shall be preserved by the county clerk for the applicable retention period provided in Section 1-12-69 NMSA 1978. The county clerk shall report the number of late ballots from voters, uniformed-service voters and overseas voters and report the number from each category to date on the final mailed ballot report and as part of the county canvass report. If additional late ballots are received, the county clerk shall update the number of late ballots from each category to the secretary of state. B. On the day a returned mailed ballot is received by the county clerk, the county clerk shall mark the date of receipt on the outside of the official mailing envelope. Within one business day of receiving a returned official mailing envelope, the county clerk shall remove the privacy flap to verify that the voter signed the official mailing envelope and to confirm that the last four digits of the social security number provided by the voter match the information available to the county clerk; provided that no county clerk or deputy county clerk shall perform the verification process pursuant to this subsection unless the county clerk or deputy county clerk would also meet the requirements to be a challenger, watcher or election observer pursuant to Paragraphs (1) through (4) of Subsection C of Section 1-2-22 NMSA 1978. C. If the voter's signature is present and the last four digits of the voter's social security number match, the county clerk shall note in the absentee ballot register that the information required to be provided by the voter under the privacy flap has been verified and shall safely keep the official mailing envelope unopened in a locked and number-sealed ballot box until it is delivered to the absent voter election board. D. If either the voter's signature is missing or the last four digits of the voter's social security number are not provided or do not match, the county clerk shall make the appropriate notation in the absentee ballot register and shall safely keep the official mailing envelope unopened in a secured ballot box designated for those official mailing envelopes received that are missing the voter's signature or the last four digits of the voter's social security number or where the last four digits of the social security number do not match the information available to the county clerk. The county clerk shall immediately send the voter a notice to cure containing information regarding how the voter may provide documentation to cure the missing or incorrect information. E. If, pursuant to Subsection F of Section 1-6-4 NMSA 1978, the voter was notified of the need to comply with federal identification requirements when returning the requested ballot and failed to comply, the county clerk shall preserve the inner envelope with the official mailing envelope and write "Rejected" on the front of the official mailing envelope, and the county clerk shall update the ballot register accordingly and immediately send the voter a notice to cure containing information regarding how the

voter may provide the missing or incorrect information. The county clerk shall place the official mailing envelope with the attached inner envelope in a container provided for rejected ballots; provided that if the county clerk was required to open the inner envelope to determine that the required documentary identification was not included, the untallied ballot shall be returned to the inner envelope and preserved along with the official mailing envelope in a container for this purpose. F. The voter may provide the missing or corrected information at any time up to the conclusion of the appeal process for rejected ballots. If a voter provides the missing or corrected information: (1) before the absent voter election board has been convened, the county clerk shall attach the documentation to the unopened official mailing envelope, update the ballot register accordingly and transfer the ballot to the locked and number- sealed ballot box until it is delivered to the absent voter election board; (2) after the absent voter election board has been convened, the county clerk shall attach the documentation to the unopened official mailing envelope, update the ballot register accordingly and transfer the ballot to the absent voter election board; (3) after the adjournment of the absent voter election board but before the conclusion of the county canvass process, the county clerk shall attach the documentation to the unopened official mailing envelope, update the ballot register accordingly and transfer the ballot to an election board convened to assist in preparation of the county canvass report; and (4) after approval of the county canvass report, the voter may appeal in accordance with appeal procedures for provisional ballots established by rule of the secretary of state pursuant to Section 1-12-25.2 NMSA 1978. G. In a statewide election, if the unopened official mailing envelope is received by the county clerk from an election board before the absent voter election board has adjourned, the unopened official mailing envelope shall be transmitted to the absent voter election board to be tallied immediately. If the unopened official mailing envelope is received by the county clerk from an election board after the absent voter election board has adjourned, the unopened official mailing envelope shall be transmitted to an election board convened to assist in preparation of the county canvass report to be tallied and included in the canvass report of that county for the appropriate precinct." Chapter 39 Section 31 Laws 2023 SECTION 31. Section 1-6-10.1 NMSA 1978 (being Laws 2003, Chapter 357, Section 5, as amended) is amended to read:

"1-6-10.1. ABSENTEE BALLOT--DELIVERY TO COUNTY CLERK.-- A. A voter, caregiver to that voter or member of that voter's immediate family or household may deliver that voter's absentee ballot to the county clerk in person or by mail; provided that the voter has subscribed the official mailing envelope of the absentee ballot. B. As used in this section, "immediate family" means the spouse, children, parents, domestic partner, grandchildren, grandparents or siblings of a voter or a person with whom the voter has a continuing personal relationship." Chapter 39 Section 32 Laws 2023 SECTION 32. Section 1-6-14 NMSA 1978 (being Laws 1971, Chapter 317, Section 11, as amended) is amended to read: "1-6-14. HANDLING MAILED BALLOTS.-- A. An absent voter election board may convene as provided in this section to process the official mailing envelopes that have been returned. Before opening an official mailing envelope, the presiding judge and the election judges shall determine that the county clerk has verified the required information on the reverse side of the official mailing envelope. B. No sooner than the Monday before the election and before the absent voter election board adjourns, the board shall review each uncured returned official mailing envelope that the county clerk determined was missing a signature or the last four digits of the voter's social security number or for which the social security number did not match the information available to the county clerk and determine if the official mailing envelope should be qualified or rejected. An official mailing envelope rejected by the absent voter election board may be qualified if the reason for the rejection is cured at any time before the approval of the county canvass report or prior to the conclusion of an appeal by the voter. C. Subject to the limitations in Subsection A of Section 1-2-25 NMSA 1978, a lawfully appointed challenger may view the official mailing envelope and may challenge the ballot of any mailed ballot voter for the following reasons: (1) the official mailing envelope has been opened by someone other than the voter prior to being received by the absent voter election board; (2) the official mailing envelope does not contain a signature; (3) the official mailing envelope does not contain the required voter identification; or

(4) the person offering to vote is not a voter as provided in the Election Code. D. If a challenge is upheld by unanimous vote of the presiding judge and the election judges, the official mailing envelope shall not be opened but shall be placed in a container provided for challenged ballots. If the reason for the challenge is satisfied by the voter before the conclusion of the county canvass or as part of an appeal, the official mailing envelope shall be opened and the vote counted. E. If the form on the reverse of the official mailing envelope has been completed by the voter with the voter's correct information, as verified by the county clerk, and the ballot has not been successfully challenged, the judges or election clerks shall make the appropriate notation in the ballot register. F. For any election in which fewer than ten thousand mailed ballots were sent to the voters of a county, only between 8:00 a.m. and 10:00 p.m. on the five days preceding the election, and beginning at 7:00 a.m. on election day, under the personal supervision of the presiding election judge, shall the election judges open the official mailing envelope and the official inner envelope and insert the enclosed ballot into an electronic voting machine to be registered and retained until votes are counted by generating the report of the ballot results beginning no sooner than 9:00 a.m. on election day. G. For any election in which ten thousand or more mailed ballots were sent to the voters of a county, only during the regular business hours of the office of the county clerk during the two weeks preceding the election, between 8:00 a.m. and 10:00 p.m. on the four days preceding the election and beginning at 7:00 a.m. on election day, under the personal supervision of the presiding election judge, shall the election judges open the official mailing envelope and the official inner envelope and insert the enclosed ballot into an electronic voting machine to be registered and retained until votes are counted by generating the report of the ballot results beginning no sooner than 9:00 a.m. on election day. H. It is unlawful for a person to disclose the results of a count and tally or the registration on a voting machine of mailed ballots prior to the later of the closing of the polls or the deadline for receiving mailed ballots pursuant to Section 1-6-10 NMSA 1978. I. Mailed ballots shall be counted and tallied, where possible, on an electronic voting machine as provided in the Election Code. J. If a mailed ballot is rejected for any reason and not cured by the Friday following election day, it shall be handled by the county clerk in the same manner as a disqualified provisional paper ballot in accordance with the Election Code.

K. On election night, the absent voter election board shall recess upon the earlier of completion of its work or 11:00 p.m. An absent voter election board that recesses at 11:00 p.m. shall continue its work only between the hours of 9:30 a.m. and 9:30 p.m. on each subsequent day until the board has completed its work. If the absent voter election board does not complete its work by 11:00 p.m. on election night, the county clerk shall notify the county sheriff's office that a deputy is required to be present to secure the room or facility where uncounted ballots are locked overnight. If the sheriff indicates that a sheriff's deputy is unavailable, the county clerk shall notify the secretary of state, who shall request state police to assign a state police officer or other certified law enforcement officer to secure the ballots. The county clerk shall provide as much notice as is practicable in order to secure law enforcement personnel to secure the uncounted ballots overnight. Beginning at 11:00 p.m. on election night, a sheriff's deputy, state police officer or other certified law enforcement officer is required for overnight watch any time the absent voter election board is not present until the return of the absent voter election board. If a sheriff's deputy, a state police officer or other certified law enforcement officer is not available, the county clerk or county clerk's agent shall remain on-site with or near the uncounted ballots until the return of the absent voter election board and shall allow any watcher or observer to remain present as well. A class A county shall also have video surveillance in the area containing uncounted ballots, which shall be considered a record related to voting pursuant to Section 1-12-69 NMSA 1978." Chapter 39 Section 33 Laws 2023 SECTION 33. Section 1-6-16 NMSA 1978 (being Laws 2019, Chapter 212, Section 74) is amended to read: "1-6-16. MAILED BALLOTS--REPLACEMENT AND PROVISIONAL PAPER BALLOTS.-- A. A voter who has applied for a mailed ballot or who has been sent a mailed ballot may execute an affidavit stating that the person did not and will not vote the mailed ballot that was issued. Upon receipt of the sworn affidavit, if the ballot register does not show that a ballot from the voter has been cast in that election, the county clerk shall void the mailed ballot that was previously issued to the voter. B. A voter shall be mailed a replacement ballot to be returned to the county clerk for tabulation by the absent ballot election board if the voter: (1) communicates with the office of the county clerk and requests a replacement mailed ballot be delivered to the voter; and (2) has executed the affidavit required by Subsection A of this section and the county clerk has voided the mailed ballot previously issued to the voter.

C. A replacement ballot shall not be mailed to a voter less than seven days before election day, unless the voter is enrolled in the confidential substitute address program pursuant to the Confidential Substitute Address Act. D. A voter shall be issued a replacement ballot to be filled out and fed by the voter into the electronic vote tabulator if the voter: (1) appears at the office of the county clerk, an alternate voting location or a mobile alternate voting location: (a) at any time during the period for early voting if the county clerk has real-time synchronization between the early voting locations and the qualification of mailed ballots; or (b) during the period for early voting until the time the county clerk begins qualifying mailed ballots if the county clerk does not have real-time synchronization between the early voting locations and the qualification of mailed ballots; and (2) has executed the affidavit required by Subsection A of this section and the county clerk has voided the mailed ballot previously issued to the voter. E. If the county clerk does not have real-time synchronization between the early voting locations and the qualification of mailed ballots, a voter shall be issued a provisional paper ballot to be filled out and delivered to the county clerk for tabulation during the county canvass if: (1) the voter appears at an early voting location after the time the county clerk begins qualifying mailed ballots; and (2) the voter has executed the affidavit required by Subsection A of this section and the county clerk has voided the mailed ballot previously issued to the voter. F. A provisional paper ballot issued pursuant to this section shall be qualified and tabulated once the county clerk determines that the voter did not vote any other ballot in the same election and if no challenge is successfully interposed. G. The secretary of state shall prescribe the form of the affidavit and the manner in which the county clerk shall void the previously requested absentee ballot." Chapter 39 Section 34 Laws 2023 SECTION 34. Section 1-6-16.1 NMSA 1978 (being Laws 1989, Chapter 368, Section 1, as amended) is amended to read:

"1-6-16.1. ABSENTEE BALLOT--CONDUCT OF ELECTION--WHEN NOT TIMELY RECEIVED--EMERGENCY PROCEDURE FOR VOTING AND COUNTING.-- A. A voter who applies for a mailed ballot or who was sent a mailed ballot pursuant to Section 1-6-22.1 NMSA 1978 but whose voted ballot has not been received by the county clerk as of the date of the election may go to a voter convenience center and, after executing an affidavit stating that the person wishes to void any previous mailed ballot that was issued, shall be permitted to vote. B. If the county clerk has real-time synchronization between the voter convenience centers and the qualification of ballots received by mail, the voter shall be issued a replacement ballot to be filled out and fed by the voter into the electronic vote tabulator. If the county clerk does not have real-time synchronization between the voter convenience centers and the qualification of ballots received by mail, the voter shall be issued a provisional paper ballot, which shall be counted if no challenge is interposed and once the county clerk has verified that no other ballot from the same voter has been processed in that election." Chapter 39 Section 35 Laws 2023 SECTION 35. Section 1-6-22.1 NMSA 1978 (being Laws 2009, Chapter 251, Section 1 and Laws 2009, Chapter 274, Section 1, as amended) is amended to read: "1-6-22.1. MAIL BALLOT ELECTION PRECINCT--ABSENTEE VOTING IN LIEU OF POLLING PLACE.-- A. Notwithstanding the provisions of Sections 1-1-11 and 1-1-12 NMSA 1978, not later than the first Monday in November of each odd-numbered year, a board of county commissioners may designate a precinct as a mail ballot election precinct if, upon a written request of the county clerk, it finds that the precinct has fewer than one hundred voters and the nearest polling place for an adjoining precinct is more than twenty miles driving distance from the boundary for the precinct in question. B. If a precinct is designated a mail ballot election precinct, in addition to the notice required pursuant to Section 1-3-8 NMSA 1978, the county clerk shall notify by mail with delivery confirmation all voters in that precinct at least forty-two days before an election that each voter will be sent an absentee ballot twenty-eight days before the election and that there will be no polling place for the precinct on election day. The county clerk shall include in the notice a card informing the voter that if the voter does not want to receive an absentee ballot for that election, the voter should return the card before the date the county clerk is scheduled to mail out absentee ballots. The notice shall also inform the voter that a voting system equipped for persons with disabilities will be available at all early voting locations before election day and in the office of the county clerk on election day in case the voter prefers to vote in person and not by mail. In addition, the notice shall inform the voter of the ability of the voter to cast a ballot at any voter convenience center on election day if the voter chooses not to receive an

absentee ballot, or to cast a replacement ballot at any early voting location or voter convenience center if the voter does not receive an absentee ballot, which will be counted upon confirmation that the voter has not returned the absentee ballot. The notice shall also contain the information required in the voter notification sent by the secretary of state on behalf of each county clerk in advance of a statewide election pursuant to Section 1-11-4.1 NMSA 1978. C. The county clerk shall mail each voter in the mail ballot election precinct an absentee ballot on the twenty-eighth day before an election, unless the voter has requested otherwise, along with a notice that there will be no polling place in that precinct on election day.” Chapter 39 Section 36 Laws 2023 SECTION 36. Section 1-6B-5 NMSA 1978 (being Laws 2015, Chapter 145, Section 29, as amended) is amended to read: "1-6B-5. METHODS OF REGISTERING TO VOTE.-- A. A federal qualified elector may register to vote using any of the following methods; provided that the document is received by the county clerk by the deadline for registering to vote as provided in Section 1-4-8 NMSA 1978: (1) using the procedures provided in Chapter 1, Article 4 NMSA 1978; or (2) using a federal postcard application or the application's approved electronic equivalent. B. A voter's certificate of registration completed pursuant to the Uniform Military and Overseas Voters Act shall remain valid until canceled in accordance with the procedures specified in Chapter 1, Article 4 NMSA 1978. C. In registering to vote, a federal qualified elector shall use and must be assigned to the voting precinct of the address of: (1) the residence of the voter, if the voter resides in this state; or (2) the last place of residence of the voter in this state, or the last place of residence in this state of the parent or legal guardian of the voter if the voter did not reside in this state; provided that if that address is no longer a recognized residential address, the voter shall be assigned an address or other location within that precinct. D. A federal qualified elector who registered for the first time in this state by mail is exempt pursuant to federal law from the requirement to provide documentary identification as otherwise required by Subsection F of Section 1-6-4 NMSA 1978."

Chapter 39 Section 37 Laws 2023 SECTION 37. Section 1-6B-6 NMSA 1978 (being Laws 2015, Chapter 145, Section 30, as amended) is amended to read: "1-6B-6. METHODS OF APPLYING FOR MILITARY-OVERSEAS BALLOT-- TIMELINESS--SCOPE OF APPLICATION FOR MILITARY-OVERSEAS BALLOT.-- A. A federal qualified elector who is currently registered to vote in this state may apply for a military-overseas ballot by: (1) using a mailed ballot application pursuant to the Absent Voter Act; or (2) using the federal postcard application or the application's electronic equivalent. B. A federal qualified elector who is not currently registered to vote in this state may, by the deadline in the Election Code for registering to vote, simultaneously register to vote and apply for a military-overseas ballot by using a federal postcard application or the application's electronic equivalent. C. An application for a military-overseas ballot for any election conducted pursuant to the Election Code, whether or not timely, is effective as an automatic application for a military-overseas ballot for all subsequent elections the voter is eligible to participate in through the conclusion of the election cycle. D. An application from a federal qualified elector who provides information permitting secured electronic delivery of the ballot is timely if received by the county clerk no later than three days prior to election day. An application from a federal qualified elector who does not provide information permitting secured electronic delivery of the ballot is timely if received by the county clerk by the deadline specified in the Absent Voter Act for receipt of mailed ballot applications." Chapter 39 Section 38 Laws 2023 SECTION 38. Section 1-6B-10 NMSA 1978 (being Laws 2015, Chapter 145, Section 34, as amended) is amended to read: "1-6B-10. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT-- QUALIFICATION.-- A. A federal qualified elector may use a federal write-in absentee ballot to vote for all offices and ballot questions in an election.

B. In completing the federal write-in absentee ballot, the federal qualified elector may designate a candidate by writing in the name of the candidate. In a general election when voting for a specified office, a federal qualified elector may in the alternate complete the federal write-in absentee ballot by writing in the name of a political party, in which case the ballot shall be counted for the candidate of that political party. C. A qualified federal write-in absentee ballot shall be processed during the county canvass in the same manner as a provisional ballot. A federal write-in absentee ballot from a federal qualified elector shall not be qualified if the federal qualified elector voted on any other type of ballot. A federal write-in absentee ballot of an overseas voter shall not be qualified if the ballot is submitted from any location in the United States." Chapter 39 Section 39 Laws 2023 SECTION 39. Section 1-6C-2 NMSA 1978 (being Laws 2019, Chapter 226, Section 2) is amended to read: "1-6C-2. DEFINITIONS.--As used in the Intimate Partner Violence Survivor Suffrage Act: A. "administrator" means the person appointed by the secretary of state to administer the election component of the confidential substitute address program; B. "appropriate county clerk" means the county clerk of the county in which the residential address on a voter registration certificate is located and includes the elected official, the county clerk's chief deputy, an appointed election board and employees or agents of the county clerk with duties related to the Intimate Partner Violence Survivor Suffrage Act; C. "certification" means the procedure provided by the Confidential Substitute Address Act for a person to be certified as a participant in the confidential substitute address program; D. "confidential substitute address program" means the program administered by the secretary of state pursuant to the Confidential Substitute Address Act; E. "decertification" means the procedure provided by the Confidential Substitute Address Act for a person to be decertified as a participant in the confidential substitute address program; F. "delivery address" means the address where a voter-participant receives mail;

G. "election" means a statewide or special election called, conducted and canvassed pursuant to the provisions of the Election Code; H. "participant" means a person certified to participate in the confidential substitute address program pursuant to the procedures of the Confidential Substitute Address Act; and I. "voter-participant" means a participant who is also a voter or a participant who is also a qualified resident who may be considered a voter pursuant to Section 1-4- 2 NMSA 1978." Chapter 39 Section 40 Laws 2023 SECTION 40. Section 1-6C-6 NMSA 1978 (being Laws 2019, Chapter 226, Section 6) is amended to read: "1-6C-6. TRANSMISSION OF BALLOTS TO VOTER-PARTICIPANTS.-- A. On the thirty-fifth day before an election, on behalf of each voter- participant eligible to vote in that election, the administrator shall request from each appropriate county clerk the ballot to be used by each voter-participant registered to vote in that county. B. The request shall not reveal the name or address of the voter-participant. In place of a voter-participant's name and address, the administrator shall provide the appropriate county clerk the random identifier and verification code associated with the voter-participant for that election. The request made pursuant to this section is a record related to voting subject to the disclosure and retention procedures of Section 1-12-69 NMSA 1978. C. No later than thirty-two days before the election, the appropriate county clerk shall transmit to the administrator the ballot for each voter-participant registered to vote in that county. D. Twenty-eight days before the election, the administrator shall mail a ballot and balloting materials to a voter-participant's delivery address, along with a return envelope necessary to return the voted ballot to the appropriate county clerk. The return envelope shall be the same as for all other voters, except that in place of the required voter identification to be written under the privacy flap, the administrator shall provide the random identifier assigned to that voter-participant for that election. The return envelope for the voted ballot shall be postage-paid and the return address shall be the address for the appropriate county clerk. E. When a participant registers to vote or updates a voter registration after the thirty-fifth day before an election but before the deadline to register to vote or to

update an existing registration pursuant to Section 1-4-8 NMSA 1978, the administrator shall: (1) request from the appropriate county clerk, and the appropriate county clerk shall transmit to the administrator as soon as practicable, a ballot and balloting materials; and (2) send a voter-participant the ballot and balloting materials within twenty-four hours of receipt from the appropriate county clerk. F. When an unvoted ballot is transmitted to the administrator on behalf of a voter-participant, the appropriate county clerk shall note in the ballot register the random identifier in place of the voter-participant's name and the address of the confidential substitute address program in place of the voter-participant's address and shall not note the voter-participant's gender or year of birth. G. A voter-participant needing a replacement ballot may appear in person only at the office of the county clerk and execute an affidavit stating that the voter participant wishes to void any previous mailed ballot that was mailed in that election. When completing the affidavit, the voter-participant shall use the random identifier in place of the voter-participant's name and the verification code in place of the voter- participant's signature. Upon receipt of the sworn affidavit, if the ballot register does not show that a ballot from the voter-participant has been received in that election, the county clerk shall void the ballot that was previously issued and issue to the voter- participant a replacement ballot and ballot materials, which shall include the voter- participant's random identifier, but the county clerk shall not provide to the voter- participant the verification code when issuing a replacement ballot pursuant to this subsection." Chapter 39 Section 41 Laws 2023 SECTION 41. Section 1-6C-7 NMSA 1978 (being Laws 2019, Chapter 226, Section 7) is amended to read: "1-6C-7. RECEIPT OF VOTED BALLOTS FROM VOTER-PARTICIPANTS.-- A. A voted ballot shall be returned by the voter-participant to the appropriate county clerk. A voted ballot from a voter-participant shall be considered timely if it is received no later than the deadline for receiving mailed absentee ballots or mailed ballots pursuant to Section 1-6-10 NMSA 1978. B. When a voted ballot is received from a voter-participant, the appropriate county clerk or election board shall compare the random identifier provided by the voter- participant under the privacy flap to the list of random identifiers provided by the administrator for that election. If the random identifier appears in both places, the appropriate county clerk shall verify that the verification code assigned to that random

identifier for that election matches the verification code provided by the voter-participant under the privacy flap in lieu of the voter's signature. If the verification code is on the list provided by the administrator for use in that election and matches the random identifier assigned by the administrator to identify the voter-participant, the ballot shall be qualified and processed in the same manner as mailed absentee ballots or mailed ballots received and qualified in that election. C. If either the random identifier or the verification code is missing, or if the random identifier and verification code under the privacy flap do not match, the ballot shall not be qualified and shall be disposed of in the same manner as mailed absentee ballots or mailed ballots received in that election and not qualified. D. Following an election and within the time frames provided in the Election Code, the appropriate county clerk shall provide to the administrator using the random identifier for that election the voter credit information for each voter-participant who voted." Chapter 39 Section 42 Laws 2023 SECTION 42. Section 1-8-2 NMSA 1978 (being Laws 1969, Chapter 240, Section 152, as amended) is amended to read: "1-8-2. NOMINATION BY MINOR POLITICAL PARTY--CONVENTION-- DESIGNATED NOMINEES.-- A. If the rules of a minor political party require nomination by political convention: (1) the chair and secretary of the state political convention shall certify to the secretary of state the names of their party's nominees for United States senator, United States representative, all elective state offices, legislative offices elected from multicounty districts, all elective judicial officers in the judicial department and all offices representing a district composed of more than one county; and (2) the chair and secretary of the county political convention shall certify to the county clerk the names of their party's nominees for elected county offices and for legislative offices elected from a district located wholly within one county or that is composed of only one county. B. The names certified to the secretary of state shall be filed on the twenty- third day following the primary election in the year of the general election and shall be accompanied by a nominating petition containing the signatures of voters totaling not less than one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected:

(1) in the state for statewide offices; provided that if there are fewer members of the minor party registered to vote in the state for statewide offices or registered to vote in the district for offices other than statewide offices than the number of signatures required for that office, a nominating petition shall contain the signatures of voters totaling not less than the required number of signatures of voters for independent candidates for the same office; and provided further that for the public education commission, a nominating petition shall be signed by at least two-thirds of the number of signatures that would otherwise be required, and for a judicial office, a nominating petition shall be signed by two-thirds of the number of signatures that would otherwise be required; and (2) in the district for offices other than statewide offices. The petition shall contain a statement that the voters signing the petition are residents of the area to be represented by the office for which the person being nominated is a candidate. C. The names certified to the county clerk shall be filed on the twenty-third day following the primary election in the year of the general election and shall be accompanied by a nominating petition containing the signatures of voters totaling not less than one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected: (1) in the county for countywide offices; and (2) in the district for offices other than countywide offices; provided that if there are fewer members of the minor party registered to vote in the county for countywide offices or registered to vote in the district for offices other than countywide offices than the number of signatures required for that office, a nominating petition shall contain the signatures of voters totaling not less than the required number of signatures of voters for independent candidates for the same office; and provided further that for a judicial office, a nominating petition shall be signed by two-thirds of the number of signatures that would otherwise be required. The petition shall contain a statement that the voters signing the petition are residents of the area to be represented by the office for which the person being nominated is a candidate. D. Except in the case of a political party certified in the year of the election, persons certified as candidates shall be members of that party on the day the secretary of state issues the general election proclamation. E. When a political party is certified in the year of the general election, and after the day the secretary of state issues the general election proclamation, a person certified as a candidate shall be:

(1) a member of that party not later than the date the political party filed its rules and qualifying petitions pursuant to Sections 1-7-2 and 1-7-4 NMSA 1978; and (2) a resident in the district of the office for which the person is a candidate on the date of the secretary of state's proclamation for the general election or in the case of a person seeking the office of United States senator or United States representative, a resident within New Mexico on the date of the secretary of state's proclamation for the general election. No person who is a candidate for a party in a primary election may be certified as a candidate for a different party in the general election in the same election cycle. F. No voter shall sign a petition prescribed by this section for more persons than the number of candidates necessary to fill the office at the next ensuing general election." Chapter 39 Section 43 Laws 2023 SECTION 43. Section 1-8-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 157, as amended) is amended to read: "1-8-7. VACANCY ON GENERAL ELECTION BALLOT--DEATH OF CANDIDATE OR RESIGNATION OR DEATH OF OFFICE HOLDER BEFORE PRIMARY.-- A. Vacancies on the general election ballot may be filled as provided in Subsection B of this section if after a primary election there is no nominee of a major political party for a public office to be filled in the general election and if the vacancy was caused by: (1) the death of a candidate after filing of the declaration of candidacy or after certification as a convention-designated nominee and before the primary election; (2) the failure of a major political party to nominate a candidate for lieutenant governor; provided that the major political party nominated a candidate for governor; or (3) the resignation or death of a person holding a public office after the last Friday before the first Tuesday in March, when such office was not included in the general election proclamation and is required by law to be filled at the next succeeding general election after the vacancy is created. B. The vacancy may be filled subsequent to the primary election by the central committee of the state or county political party, as the case may be, as provided by Subsection A of Section 1-8-8 NMSA 1978.

C. Appointments to fill vacancies in the list of a party's nominees for the general election ballot shall be made and filed with the proper filing officer on the twenty-third day after the primary election using the form prescribed by the secretary of state, along with the declaration of candidacy subscribed and sworn by the selected nominee and the required form for candidates pursuant to the Campaign Reporting Act. D. When the name of a nominee is filed as provided in this section, the name shall be placed on the general election ballot as the party's candidate for that office." Chapter 39 Section 44 Laws 2023 SECTION 44. Section 1-8-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 158, as amended) is amended to read: "1-8-8. VACANCY ON GENERAL ELECTION BALLOT--OCCURRING AFTER PRIMARY.-- A. If after a primary election, but ninety or more days before the general election, a vacancy occurs, for any cause, in the list of the nominees of a qualified political party for any public office to be filled in the general election, or a vacancy occurs because of the resignation or death of a person holding a public office not included in the secretary of state's general election proclamation and which office is required by law to be filled at the next succeeding general election, or a vacancy occurs because a new public office is created and was not included in the secretary of state's general election proclamation but is capable by law of being filled at the next succeeding general election, the vacancy on the general election ballot may be filled by: (1) the central committee of the state political party filing the name of its nominee for the office with the proper filing officer when the office is a federal office, state office, district office or multicounty legislative district office; and (2) the central committee of the county political party filing the name of its nominee for the office with the proper filing officer when the office is a magistrate office, county office or legislative district office where the district is entirely within the boundaries of a single county. B. Appointments made pursuant to Subsection A of this section shall qualify pursuant to Section 1-8-18 NMSA 1978. C. The county or state central committee members making the appointment pursuant to Subsection A of this section shall be as provided for in the rules of the respective party; provided that, at a minimum, the committee shall include those members residing within the boundaries of the area to be represented by the public office.

D. Appointments to fill vacancies in the list of a party's nominees shall be made and filed with the proper filing officer on or before the seventieth day prior to a general election using the form prescribed by the secretary of state, along with the declaration of candidacy form subscribed and sworn by the selected nominee and the form for candidates pursuant to the Campaign Reporting Act. E. When the name of a nominee is filed as provided in this section, the name shall be placed on the general election ballot as the party's candidate for that office." Chapter 39 Section 45 Laws 2023 SECTION 45. A new Section 1-8-10.1 NMSA 1978 is enacted to read: "1-8-10.1. SHORT TITLE.--Sections 1-8-10.1 through 1-8-52 NMSA 1978 may be cited as the "Primary Election Law"." Chapter 39 Section 46 Laws 2023 SECTION 46. Section 1-8-13 NMSA 1978 (being Laws 1969, Chapter 240, Section 162, as amended) is amended to read: "1-8-13. PRIMARY AND GENERAL ELECTION--CONTENTS OF PROCLAMATION.--The general election proclamation calling a primary and general election shall contain: A. the names of the major political parties participating in the primary election; B. the offices to be elected at the general election and for which each political party shall nominate candidates; provided that if any law is enacted by the legislature in the year in which the primary election is held and the law does not take effect until after the date to amend the proclamation but prior to the date to fill vacancies pursuant to Section 1-8-7 or 1-8-8 NMSA 1978, the secretary of state shall conform the proclamation to the intent of the law with respect to the offices for which each political party shall nominate candidates; C. the date on which declarations of candidacy and nominating petitions for United States representative, any office voted upon by all the voters of the state, a legislative office, the office of district judge, district attorney, public education commission or magistrate shall be filed and the places where they shall be filed in order to have the candidates' names printed on the official ballot of their party at the primary election or in order to have the candidates' names printed on the official ballot at the general election, as applicable; D. the date on and place at which declarations of candidacy shall be filed for any other office and filing fees paid or, in lieu thereof, a nominating petition;

E. the final date on and place at which candidates for the office of United States representative and for any statewide office seeking preprimary convention designation by the major parties shall file petitions and declarations of candidacy; F. the final date on which the major political parties shall hold state preprimary conventions for the designation of candidates; G. the final date on and place at which certificates of designation of primary election candidates shall be filed by political parties with the secretary of state; H. the date on which declarations of candidacy for minor party candidates shall be filed and the places where the declarations of candidacy shall be filed in order to have the minor party candidate names printed on the official ballot of the general election; I. the date on which declarations of candidacy for unaffiliated candidates shall be filed and the places where the declarations of candidacy shall be filed in order to have the unaffiliated candidate names printed on the official ballot of the general election; J. the date on which declarations of candidacy for nonpartisan judicial retention shall be filed and the places where the declarations of candidacy shall be filed in order to have the judicial retention names printed on the official ballot of the general election; and K. the date on which declarations to be a write-in candidate are to be filed and the places where the declarations of candidacy shall be filed in order to have write- in votes counted and canvassed at the political party primary or general election." Chapter 39 Section 47 Laws 2023 SECTION 47. Section 1-8-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 165, as amended) is amended to read: "1-8-16. PRIMARY AND GENERAL ELECTIONS--PROCLAMATION-- AMENDMENT.--The secretary of state may amend the proclamation between the time of its issuance and the first Tuesday in March to include a newly created public office that is capable by law of being filled at the next succeeding general election, or any existing office becoming vacant by removal, resignation or death when such vacancy occurs no later than the last Friday before the first Tuesday in March, or to provide for any corrections or omissions." Chapter 39 Section 48 Laws 2023 SECTION 48. Section 1-8-21 NMSA 1978 (being Laws 1996, Chapter 20, Section 3, as amended) is amended to read:

"1-8-21. PRIMARY ELECTION--METHODS OF PLACING NAMES ON PRIMARY BALLOT.-- A. All candidates seeking primary election nomination to a statewide office or the office of United States representative shall file declarations of candidacy with the proper filing officer. Candidates shall file nominating petitions at the time of filing their declarations of candidacy. Candidates who seek, but do not obtain, preprimary convention designation by a major political party may file new declarations of candidacy and nominating petitions pursuant to Section 1-8-33 NMSA 1978. B. Except as provided in Subsection C of this section, candidates for any other state or federal office listed in the proclamation issued pursuant to Section 1-8-13 NMSA 1978 shall have their names placed on the primary election ballot by filing declarations of candidacy and nominating petitions with the proper filing officer. C. Candidates for any county office listed in the proclamation issued pursuant to Section 1-8-13 NMSA 1978 shall have their names placed on the primary election ballot by filing declarations of candidacy and paying a fifty-dollar ($50.00) filing fee or filing a nominating petition containing no fewer than ten signatures for offices elected by district or twenty signatures for offices elected countywide at the time of filing declarations of candidacy with the proper filing officer." Chapter 39 Section 49 Laws 2023 SECTION 49. Section 1-8-29 NMSA 1978 (being Laws 1973, Chapter 228, Section 3, as amended) is amended to read: "1-8-29. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--FORM.- -In making a declaration of candidacy by nominating petition or by pre-primary convention designation, the candidate shall submit substantially the following form as approved by the secretary of state for that election: "DECLARATION OF CANDIDACY BY PRE-PRIMARY CONVENTION DESIGNATION (OR BY NOMINATING PETITION) I, ____________________, (candidate's name on certificate of registration) being first duly sworn, say that I reside at ___________________, as shown by my certificate of registration as a voter of Precinct No. __________ of the county of _______________, State of New Mexico; I am a member of the ____________________ party as shown by my certificate of registration and I have not changed such party affiliation subsequent to the secretary

of state's general election proclamation calling the primary in which I seek to be a candidate; I desire to become a candidate for the office of ______________________ at the primary election to be held on the date set by law for this year, and that I actually reside at the address designated on my certificate of voter registration; I will be eligible and legally qualified to hold this office at the beginning of its term; If a candidate for any office for which a nominating petition is required, I am submitting with this statement a nominating petition in the form and manner as prescribed by the Primary Election Law; and I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable under the criminal laws of New Mexico.

_______________________________ (Declarant)

_______________________________ (Mailing Address)

_______________________________ (Residence Address) Subscribed and sworn to before me this ____ day of ___, 20__. _________________________ (Notary Public) My commission expires: _________________________"." Chapter 39 Section 50 Laws 2023 SECTION 50. Section 1-8-33 NMSA 1978 (being Laws 1973, Chapter 228, Section 7, as amended) is amended to read: "1-8-33. PRIMARY ELECTION LAW--NOMINATING PETITION--NUMBER OF SIGNATURES REQUIRED.-- A. As used in this section, "total vote" means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated. B. Candidates who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy. Nominating petitions for those candidates shall be signed by a number of voters equal to at least two percent

of the total vote of the candidate's party in the state or congressional district, or the following number of voters, whichever is greater: for statewide offices, two hundred thirty voters; and for congressional candidates, seventy-seven voters. C. Nominating petitions for candidates for any other office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least the greater of: (1) for the public education commission, two percent of the total vote of the candidate's party in the district; for judicial candidates, two percent of the total vote of the candidate's party in the district or division; and for all other candidates, three percent of the total vote of the candidate's party in the district; or (2) for metropolitan court and magistrate courts, ten voters; for the public education commission, twenty-five voters; for state representative, ten voters; for state senator, seventeen voters; and for district attorney and district judge, fifteen voters. D. A candidate who fails to receive the preprimary convention designation that the candidate sought may collect additional signatures to total at least four percent of the total vote of the candidate's party in the state or congressional district, whichever applies to the office the candidate seeks, and file a new declaration of candidacy and nominating petitions for the office for which the candidate failed to receive a preprimary designation. The declaration of candidacy and nominating petitions shall be filed with the secretary of state either ten days following the date of the preprimary convention at which the candidate failed to receive the designation or on the date all declarations of candidacy and nominating petitions are due pursuant to the provisions of the Primary Election Law, whichever is later." Chapter 39 Section 51 Laws 2023 SECTION 51. Section 1-8-36.1 NMSA 1978 (being Laws 1981, Chapter 156, Section 1, as amended) is amended to read: "1-8-36.1. PRIMARY ELECTION LAW--WRITE-IN CANDIDATES.-- A. Write-in candidates are permitted in the primary election only for the offices of United States representative, members of the legislature, district judges, district attorneys, public education commission, magistrates and any office voted upon by all voters of the state. B. A person may be a write-in candidate only for nomination by the major political party with which the person is affiliated as shown by the certificate of registration, and such person shall have the same qualifications to be a candidate in the primary election for the political party for which the person is a write-in candidate.

C. A person desiring to be a write-in candidate for one of the offices listed in Subsection A of this section in the primary election shall file with the proper filing officer a declaration of intent to be a write-in candidate, accompanied by a nominating petition containing the same number of signatures required of other candidates for major party nomination for the same office. Such declaration of intent shall be filed between 9:00 a.m. and 5:00 p.m. on the third Tuesday in March. D. A person shall not be a declared write-in candidate until the person has been notified in writing by the proper filing officer that the certificate of registration on file, the declaration of candidacy and the nominating petition, if required, are in proper order and that the person, based on those documents, is qualified to be a candidate. The proper filing officer shall mail the notice by the Friday following the filing date. The determination by the proper filing officer that a person is a declared write-in candidate is subject to the provisions of Section 1-8-18 NMSA 1978. E. If a person is notified by the proper filing officer that the person is not qualified to be a write-in candidate, the person may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith. F. A write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the Election Code, including the obligations to report pursuant to the Campaign Reporting Act, except that the write-in candidate's name shall not be printed on the ballot." Chapter 39 Section 52 Laws 2023 SECTION 52. Section 1-8-51 NMSA 1978 (being Laws 1977, Chapter 322, Section 7, as amended) is amended to read: "1-8-51. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED STATES REPRESENTATIVE ELECTIONS--NOMINATING PETITIONS--REQUIRED NUMBER OF SIGNATURES.-- A. The basis of percentage for the total number of votes cast in each instance referred to in this section shall be the total vote cast for governor at the last preceding general election at which a governor was elected. B. Nominating petitions for an independent candidate for president of the United States shall be signed by a number of voters equal to the number of signatures required to form a new political party.

C. Nominating petitions for an independent candidate for United States senator or any other statewide elective office shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the state. D. Nominating petitions for an independent candidate for United States representative shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the district. E. Nominating petitions for an independent candidate for a member of the legislature, district judge, district attorney or county office shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the district, division or county, as the case may be; provided that for the public education commission, nominating petitions shall be signed by at least two-thirds of the number of signatures that would otherwise be required, and for a judicial office, nominating petitions shall be signed by at least two-thirds of the number of signatures that would otherwise be required. F. When a vacancy for any office occurs on the general election ballot pursuant to Section 1-8-7 or 1-8-8 NMSA 1978 in which all political parties may name a general election candidate or when a vacancy occurs in the office of United States representative pursuant to Section 1-15-18.1 NMSA 1978, an independent candidate may file a declaration of candidacy on or by the same deadline applicable to the political parties. The nominating petitions for an independent candidate in such circumstances shall be signed by the number of voters provided in this section, unless there are fewer than: (1) sixty days from the announcement of the vacancy to the last day to file a declaration of candidacy, in which case an independent candidate shall submit nominating petitions signed by a number of voters equal to two-thirds the number of voters otherwise required by this section for an independent candidate; or (2) thirty days from the announcement of the vacancy to the last day to file a declaration of candidacy, in which case an independent candidate shall submit nominating petitions signed by a number of voters equal to one-third the number of voters otherwise required by this section for an independent candidate. G. A voter shall not sign a petition for an independent candidate as provided in this section if the voter has signed a petition for another independent candidate for the same office." Chapter 39 Section 53 Laws 2023 SECTION 53. Section 1-8-66 NMSA 1978 (being Laws 1981, Chapter 156, Section 2, as amended) is amended to read: "1-8-66. GENERAL ELECTIONS--WRITE-IN CANDIDATES.--

A. A person desiring to be a write-in candidate in a general election shall file with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third day after the primary election a declaration of intent to be a write-in candidate, accompanied by a petition signed by a number of voters equal to at least one percent of the total number of votes cast in the area sought to be represented as were cast for governor at the last preceding general election at which a governor was elected. B. A person shall not be a declared write-in candidate until the person has been notified in writing by the proper filing officer that the certificate of registration on file, the declaration of candidacy and the nominating petition, if required, are in proper order and that the person, based on those documents, is qualified to be a candidate. The proper filing officer shall mail the notice on the Friday following the filing date. The determination by the proper filing officer that a person is a declared write-in candidate is subject to the provisions of Section 1-8-18 NMSA 1978. C. If a person is notified by the proper filing officer that the person is not qualified to be a write-in candidate, the person may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith. D. A write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the Election Code, including the obligation to report under the Campaign Reporting Act, except that the candidate shall not be entitled to have the candidate's name printed on the ballot. E. The secretary of state shall, not more than ten days after the filing date, certify the names of the declared write-in candidates to the county clerks of every county affected by such candidacy. F. No person shall be a write-in candidate in the general election who was a candidate or who filed a declaration of candidacy in the primary election immediately prior to the general election. A write-in candidate for governor or lieutenant governor in the general election shall have a companion write-in candidate, and they shall be candidates to be elected jointly by the casting by a voter of a single vote applicable to both offices." Chapter 39 Section 54 Laws 2023 SECTION 54. Section 1-9-1 NMSA 1978 (being Laws 1969, Chapter 240, Section 184, as amended) is amended to read: "1-9-1. SECRETARY OF STATE--DUTIES--VOTING SYSTEM DEFINED.--

A. The secretary of state shall study, examine and certify all voting systems used in elections for public office in New Mexico. The secretary of state shall maintain a current list of certified voting systems and copies of filed testing and evaluation reports accessible by the public on the secretary of state's website. Only certified voting systems that are also approved for use by the secretary of state and acquired pursuant to a competitive bid process in accordance with the provisions of the Procurement Code shall be used in any election for public office in New Mexico. B. As used in Chapter 1, Article 9 NMSA 1978, "voting system" means a combination of mechanical, electromechanical or electronic equipment, including the software and firmware required to program and control the equipment, that is used to cast and count votes, and also including any type of system that is designed to print or to mark ballots at a polling location; equipment that is not an integral part of a voting system but that can be used as an adjunct to it is considered to be a component of the system." Chapter 39 Section 55 Laws 2023 SECTION 55. Section 1-9-7.4 NMSA 1978 (being Laws 2010, Chapter 28, Section 2) is amended to read: "1-9-7.4. VOTING SYSTEMS--AUTHORITY OF THE SECRETARY OF STATE TO RECERTIFY AND DECERTIFY.-- A. Each voting system certified for use in the state shall be reviewed for recertification by the secretary of state during the year following a presidential election. Tests and inspections conducted pursuant to this section shall begin no later than June 1 and shall follow the procedures in Section 1-9-14 NMSA 1978. B. If at any time the secretary of state becomes aware that a voting system certified for use in this state does not comply with all requirements in the Election Code or meet federal election standards, the secretary of state shall undertake an investigation to determine if the voting system should continue to be certified for use in the state. Tests and inspections conducted pursuant to this section shall commence upon the order of the secretary of state and shall follow the procedures in Section 1-9- 14 NMSA 1978. A voting system that does not comply with all requirements in the Election Code and the most recent voluntary voting system guidelines adopted and implemented by the United States election assistance commission shall be decertified for use in this state." Chapter 39 Section 56 Laws 2023 SECTION 56. Section 1-9-7.10 NMSA 1978 (being Laws 2010, Chapter 28, Section 8) is amended to read:

"1-9-7.10. VOTING SYSTEMS--BALLOT HANDLING AND PROCESSING REQUIREMENTS.--Voting systems certified for use in state elections shall: A. accept a ballot that is a minimum of six inches wide and a maximum of twenty-two inches long, in dual columns and printed on both sides; B. accept a ballot in any orientation when inserted by a voter; C. have the capability to reject a ballot on which a voter has made more than the allowable number of selections in any contest; D. be designed to accommodate the maximum number of ballot styles or ballot variations encountered in the largest New Mexico election jurisdiction; E. be able to read a single ballot with at least four hundred twenty voting positions; and F. tabulate as a vote only the human-readable marks in the voter response area of a ballot." Chapter 39 Section 57 Laws 2023 SECTION 57. Section 1-9-14 NMSA 1978 (being Laws 1983, Chapter 226, Section 1, as amended) is amended to read: "1-9-14. VOTING SYSTEMS--AUTHORITY OF THE SECRETARY OF STATE TO TEST--CERTIFICATION.-- A. The secretary of state shall provide for the testing and evaluation of voting systems designed for the purpose of recording and tabulating votes within polling places in New Mexico. All voting systems certified for use in the state shall be tested by an independent authority and shall comply with all requirements in the Election Code and the most recent voluntary voting system guidelines adopted and implemented by the United States election assistance commission. B. Any person who has a voting system that is designed for the purpose of recording and tabulating votes within a polling place may apply on or before June 1 of any odd-numbered year to the secretary of state to have the equipment examined and tested for certification. At the time application is made for initial certification, the applicant shall pay for testing each system in an amount that reflects the actual cost of such test. Upon receipt of the application, the secretary of state shall examine and study the voting system to ensure that it complies with all requirements in the Election Code and the most recent voluntary voting system guidelines adopted and implemented by the United States election assistance commission. As part of the examination, the secretary of state shall require the system to be independently inspected by persons or testing laboratories technically qualified to evaluate and test the operation and

component parts of voting systems and shall require a written report on the results of such testing. The secretary of state may authorize field testing of the equipment in one or more polling places in any state or local government election; provided that such field tests shall be conducted at no cost to the state or any local government. C. Upon completion of all tests and examination of all written test reports, the secretary of state shall make a written report of the result of the findings and shall file that report, together with the written test reports, in the office of the secretary of state and post them on the secretary of state's website. The secretary of state shall accept public comment during the twenty-one days following the filing of the written report. D. Following the period of public comment, the secretary of state shall submit the filed reports and any public comments for consideration by the voting system certification committee. The voting system certification committee shall make recommendations regarding the suitability and reliability of the use of such equipment in the conduct of elections under the Election Code. E. The voting system certification committee shall recommend that a voting system be certified for use in the state only if it complies with all requirements in the Election Code and the most recent voluntary voting system guidelines adopted and implemented by the United States election assistance commission. F. If the voting system certification committee report finds that the voting system does not comply with all requirements in the Election Code or does not meet federal election standards, the secretary of state shall allow thirty days for an appeal of the findings to be filed or for the deficiencies to be corrected, following which the secretary of state shall report back to the voting system certification committee with a written final report. G. The voting system certification committee shall reconvene to consider the final report of the secretary of state and shall make final recommendations regarding the suitability and reliability of the use of such equipment in the conduct of elections under the Election Code. H. If the voting system certification committee recommends that the voting system is suitable for use in elections in New Mexico, within thirty days of receiving the recommendation, the secretary of state shall certify or recertify the equipment for use in elections in this state. I. If the voting system certification committee does not recommend that the voting system for recording and tabulating votes is suitable for use in elections in New Mexico, within thirty days of receiving the recommendation, the secretary of state shall deny the application or decertify the equipment for use in elections in this state."

Chapter 39 Section 58 Laws 2023 SECTION 58. Section 1-10-4 NMSA 1978 (being Laws 1977, Chapter 222, Section 27, as amended) is amended to read: "1-10-4. BALLOTS--PREPARATION.-- A. In a primary election, not less than sixty days before the election, each county clerk shall group each candidate who has been qualified by a proper filing officer and a space for any offices with a declared write-in candidate, separated by political party and certify in writing a separate ballot for each precinct in the county for each major political party to be voted on at the primary election. B. In a general election, not less than sixty days before the election, each county clerk shall certify in writing the ballot for each precinct in the county containing the name of each candidate that has been certified as the nominee of a qualified political party, each unaffiliated candidate who has been qualified by a proper filing officer, a space for any offices with a declared write-in candidate and any ballot questions to be voted on at the general election. C. In a regular local election, not less than fifty-six days before the election, each county clerk shall certify in writing the ballot for each precinct in the county containing the name of each candidate who has been qualified by a proper filing officer, a space for any offices with a declared write-in candidate and any ballot questions to be voted on at the regular local election. D. In a special local election, not less than sixty days before the election, each county clerk shall certify in writing the ballot for each precinct in the county containing any ballot questions to be voted on at the special election. E. In a special state election, not less than sixty days before the election, the secretary of state shall certify in writing the ballot containing any ballot questions to be voted on at the special state election. F. In an election to fill a vacancy in the office of United States representative and except as provided in Subsection G of this section, not less than fifty-three days before the election, the secretary of state shall certify in writing the ballot containing the name of each candidate that has been certified as the nominee of a qualified political party, each unaffiliated candidate who has been qualified and a space for any declared write-in candidate to be voted on at the election to fill a vacancy in the office of United States representative. G. In an election to fill a vacancy in the office of United States representative in extraordinary circumstances pursuant to 2 U.S.C. Section 8(b), not more than seventeen days after the announcement of a vacancy in the office of United States representative, the secretary of state shall certify in writing the ballot containing the

name of each candidate that has been certified as the nominee of a qualified political party, each unaffiliated candidate who has been qualified and a space for any declared write-in candidate to be voted on at the election to fill a vacancy in the office of United States representative. H. On the date specified for each election in this section, each ballot certified pursuant to this section shall be sent to the ballot printer or other person preparing the ballot for use by voters and sent to the secretary of state to keep on file for twelve months, after which the certified ballot shall be transferred to be a permanent record at the state records center. Upon request of the county chair of a political party participating in a partisan election, the county clerk shall furnish proof sheets or a copy of the proof sheets of the certified ballot as soon as they become available." Chapter 39 Section 59 Laws 2023 SECTION 59. Section 1-10-6 NMSA 1978 (being Laws 1977, Chapter 222, Section 29, as amended) is amended to read: "1-10-6. BALLOTS--NAME TO BE PRINTED--ORDER OF NAMES--SIMILAR NAMES--NAMES NOT TO BE PRINTED.-- A. In the preparation of ballots for a statewide election, the candidate's name shall be printed on the ballot as it appears on the candidate's certificate of registration that is on file in the county clerk's office on the day the secretary of state issues the proclamation for that election; provided that: (1) the last name printed on the ballot shall match the candidate's legal last name; (2) academic, honorific and elected titles shall not be printed; (3) periods after initials shall not be printed; (4) punctuation common to names, other than a period, shall be printed as it appears on the candidate's certificate of registration; and (5) only letters and punctuation used in roman typefaces shall be printed. B. The order of candidates for the same office in a statewide election shall be determined using a randomization method provided by rule. C. If it appears that the names of two or more candidates for any office to be voted on at the election are the same or are so similar as to tend to confuse the voter as to the candidates' identities, the candidates shall be differentiated on the ballot in accordance with rules adopted by the secretary of state.

D. A candidate's name shall not be printed on the ballot if at least seventy days before a general election, sixty-three days before a primary election or regular local election or seven days after the filing day for declarations of candidacy for any other election: (1) the candidate files with the proper filing officer a signed and notarized statement of withdrawal as a candidate in that election; (2) a judicial determination is made that the candidate does not qualify to be a candidate for the office sought; (3) the voter registration of the candidate is updated by the candidate in such manner that the candidate does not qualify to be a candidate for the office sought; or (4) the voter registration of the candidate is canceled for any reason provided in Chapter 1, Article 4 NMSA 1978." Chapter 39 Section 60 Laws 2023 SECTION 60. Section 1-10-8 NMSA 1978 (being Laws 2019, Chapter 212, Section 103, as amended) is amended to read: "1-10-8. BALLOTS--ORDER OF OFFICES AND BALLOT QUESTIONS.-- A. In the year in which the president of the United States is elected, the ballot in a primary election and general election shall contain, when applicable, partisan offices to be voted on in the following order: (1) in a presidential primary, president; (2) in a general election, president and vice president as a ticket; (3) United States senator; (4) United States representative; (5) state senator; (6) state representative; (7) supreme court; (8) court of appeals; (9) public education commission;

(10) district attorney; (11) district court; (12) metropolitan court; (13) county clerk; (14) county treasurer; (15) county commission; and (16) when applicable: (a) county sheriff; (b) county assessor; and (c) probate judge. B. In the year in which the governor is elected, the ballot in a primary election and general election shall contain, when applicable, partisan offices to be voted on in the following order: (1) United States senator; (2) United States representative; (3) in a major political party primary, governor; (4) in a major political party primary, lieutenant governor; (5) in a general election, governor and lieutenant governor as a ticket; (6) secretary of state; (7) attorney general; (8) state auditor; (9) state treasurer; (10) commissioner of public lands; (11) state representative;

(12) supreme court; (13) court of appeals; (14) public education commission; (15) district court; (16) metropolitan court; (17) magistrate court; (18) county sheriff; (19) county assessor; (20) county commission; (21) probate judge; and (22) when applicable: (a) county clerk; and (b) county treasurer. C. The ballot in a regular local election shall contain, when applicable, nonpartisan offices to be voted on in the following order: (1) municipal, with elective executive officers listed first, governing board members listed second and judicial officers listed third; (2) board of education of a school district; (3) community college, branch community college, technical and vocational institute district or learning center district; and (4) special districts listed in order by voting population of each special district, with the most populous listed first and the least populous listed last. D. The ballot in a statewide election shall contain, when applicable, nonpartisan judicial retention and in a statewide or special election, when applicable, ballot questions to be voted on in the following order, unless a different order is prescribed by the secretary of state: (1) judicial retention;

(2) proposed state constitutional amendments; (3) other state ballot questions; (4) county ballot questions; and (5) local government ballot questions listed in the same order as the list of local governments in Subsection C of this section. E. When multiple positions for the same nondistricted, nonjudicial office are to be elected on the same ballot and the qualifications for each position are the same, the nondistricted, nonjudicial district shall be elected at large in a single contest on the ballot in which voters shall be given the instruction to "vote for no more than X". If two or more positions for the same office are to be elected to represent the same area but with terms of different lengths of time, the candidate receiving the highest number of votes shall be elected to the position with the longest term length, and the candidate receiving the next highest number of votes shall be elected to the position with the next longest term length, with additional candidates elected to positions accordingly. F. When multiple positions for the same districted, nonjudicial office are listed on the same ballot or the qualifications for one or more at-large positions are distinct from the qualifications of the rest: (1) offices designated by district number shall appear on the ballot in ascending numerical order of the districts; and (2) offices not designated by district number shall appear on the ballot in ascending numerical order of the position; provided that the secretary of state shall numerically designate the positions on the ballot as "position one", "position two" and such additional consecutively numbered positions as are necessary, and only one member shall be elected for each position. G. When multiple positions for the same judicial office are listed on the same ballot, each position is to be elected or voted on individually as follows: (1) district, metropolitan and magistrate court positions, either for partisan election or for nonpartisan judicial retention, shall appear on the ballot in ascending numerical order of the division number assigned to each position; (2) supreme court and court of appeals for partisan election shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the date of the vacancy causing the position to be listed on the ballot; provided that if multiple vacancies occurred on the same day, the positions shall appear on the ballot based on the order of seniority of the justice or judge who vacated the position, with the highest seniority listed first; and

(3) supreme court and court of appeals for nonpartisan judicial retention shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the seniority of the justice or judge seeking retention, with the highest seniority listed first." Chapter 39 Section 61 Laws 2023 SECTION 61. A new Section 1-11-4.1 NMSA 1978 is enacted to read: "1-11-4.1. VOTER NOTIFICATION.-- A. At least forty-two days prior to each statewide election, the secretary of state, on behalf of each county clerk, shall mail a voter notification of the election. The voter notification shall include: (1) the date and purpose of the election; (2) an internet address where a voter may apply for a mailed ballot; (3) a telephone number where a voter may call to request the paper form of the mailed ballot application; (4) a list of the days and times and addresses of early voting locations and voter convenience centers where a voter may vote in person; and (5) a list of the locations of monitored secured containers where a voter may return a mailed ballot. B. At least forty-nine days prior to each special election, the county clerk shall mail a voter notification of the election. The voter notification shall include: (1) the date and purpose of the election; (2) notification that the election will be conducted by mail and that no polling places will be available for the special election; (3) the deadline for voted mailed ballots to be received by the county clerk and the recommended deadline to deposit the voted mailed ballot with the United States postal service for return by mail, which shall be seven days before the election; (4) the address and the telephone number of the county clerk's office for a voter requiring a replacement ballot or returning a mailed ballot; and (5) a list of the monitored secured containers where a voter may return a mailed ballot.

C. The voter notification shall be sent to each voter, except the voter notification shall not be sent to a voter whose: (1) election mail has been returned as undeliverable and who has not updated the voter's certificate of registration with a new address; (2) ballot is delivered pursuant to the provisions of the Uniform Military and Overseas Voters Act; (3) ballot is delivered pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage Act; or (4) ballot, in a statewide election, is delivered pursuant to the provisions of Section 1-6-22.1 NMSA 1978." Chapter 39 Section 62 Laws 2023 SECTION 62. Section 1-11-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 215, as amended) is amended to read: "1-11-5. VOTING DEVICE--PREPARATION--CERTIFICATION.-- A. Forty-two days before the election, the county clerk may begin to prepare, inspect, certify and seal electronic voting machines that are to be used in the election, and such preparation, inspection, certification and sealing shall continue until all machines are prepared, inspected, certified and sealed. The process of preparing, inspecting, certifying and sealing electronic voting machines shall be open to observation by the public. B. The county clerk shall certify to the secretary of state and the county chair of each political party represented on the ballot the type and serial number of each voting machine to be used." Chapter 39 Section 63 Laws 2023 SECTION 63. Section 1-11-19 NMSA 1978 (being Laws 2018, Chapter 79, Section 33, as amended) is amended to read: "1-11-19. COSTS OF ELECTIONS--ELECTION FUND.-- A. There is created in the state treasury the "election fund" solely for the purposes of: (1) paying the costs of conducting and administering statewide elections required by the Election Code;

(2) reimbursing the counties for the costs of conducting and administering statewide elections required by the Election Code; (3) paying the administrative costs of the office of the secretary of state for administering elections required by the Election Code and for administering the election fund; and (4) carrying out all other specified provisions of the Election Code not already covered by another fund administered by the secretary of state. B. The state treasurer shall invest the election fund as other state funds are invested, and all income derived from the fund shall be credited directly to the fund. Remaining balances at the end of a fiscal year shall remain in the fund and not revert to the general fund. Money in the fund is appropriated to the office of the secretary of state for the purposes authorized in Subsection A of this section. Money in the fund shall only be expended on warrants of the department of finance and administration pursuant to vouchers signed by the secretary of state or the secretary's designee. C. Money received from the following sources shall be deposited directly into the election fund: (1) money appropriated to the fund by the legislature; (2) reimbursements from the state or a local government for elections costs; (3) federal funds received by the state that are designated by the federal government or the state executive for elections or that have been appropriated by the legislature for election purposes; (4) grants or capital outlay funds received by a county clerk for which the secretary of state has agreed to serve as the fiscal agent; and (5) grants or capital outlay funds received by the secretary of state for the purposes of Subsection A of this section and not designated for any other fund. D. The secretary of state may submit a budget adjustment request to use money in the election fund for the purposes authorized in Subsection A of this section beyond a five percent variance from the approved elections budget for the current fiscal year. E. If the current year balances in the election fund do not cover the costs of elections, the secretary of state may apply to the state board of finance for an emergency grant to cover those costs pursuant to Section 6-1-2 NMSA 1978."

Chapter 39 Section 64 Laws 2023 SECTION 64. Section 1-12-25.2 NMSA 1978 (being Laws 2003, Chapter 356, Section 3, as amended) is amended to read: "1-12-25.2. CONDUCT OF ELECTION--PROVISIONAL VOTING-- INFORMATION TO VOTER--STATUS OF VOTER'S BALLOT.-- A. If a voter is required to vote on a provisional paper ballot, the presiding judge or election judge shall give the voter written instructions on how the voter may determine whether the vote was counted and, if the vote was not counted, the reason it was not counted. B. The secretary of state shall provide a free access system, such as a toll- free telephone number or internet website, that a voter who casts a provisional paper ballot may access to ascertain whether the voter's ballot was counted and, if the vote was not counted, the reason it was not counted and how to appeal the decision pursuant to rules issued by the secretary of state. Access to information about an individual voter's provisional paper ballot through the free access system is restricted to the voter who cast the ballot. C. Beginning with the closing of the polls on election day through the tenth day following the election, the county clerk shall notify by mail each person whose provisional paper ballot was not counted of the reason the ballot was not counted. The voter shall have until the Friday prior to the meeting of the state canvassing board to appeal to the county clerk a decision to reject the voter's ballot. At any time up to and including the appeal, the voter may provide information or documentation to satisfy the reason the ballot was rejected." Chapter 39 Section 65 Laws 2023 SECTION 65. Section 1-12-65 NMSA 1978 (being Laws 1977, Chapter 222, Section 68, as amended) is amended to read: "1-12-65. PAPER BALLOTS--COUNTING AND TALLYING PROCEDURES.-- A. The presiding judge and the election judges, assisted by the election clerks, shall count the number of paper ballots that were not tabulated by the electronic vote tabulator, write the number of such ballots on each copy of the certificate of returns for that polling place and place the paper ballots that were not tabulated by the electronic vote tabulator in an envelope provided for that purpose. The envelope shall not be locked in the ballot box but shall instead be sealed with either a numbered seal or a locking device and transmitted directly to the county clerk for machine-tabulation or hand-tallying of the ballots.

B. The presiding judge and the election judges, assisted by the election clerks, shall count the number of machine-tabulated paper ballots with write-in votes, write the number of such ballots on each copy of the certificate of returns for that polling place and place those paper ballots with write-in votes in an envelope provided for that purpose. The envelope shall not be locked in the ballot box but shall instead be sealed with either a numbered seal or a locking device and transmitted directly to the county clerk for manual counting of the write-in votes. C. The tallying of paper ballots that were not tabulated by the electronic vote tabulator at the polling place and the counting of ballots with write-in votes shall be in accordance with procedures prescribed by the secretary of state. D. If the county clerk receives a sealed envelope pursuant to Subsection A or B of this section and the absent voter election board has not adjourned, the sealed envelope shall be logged and transmitted to the absent voter election board to be opened and tallied immediately. If the sealed envelope is received by the county clerk after the absent voter election board has adjourned, the sealed envelope shall be logged and transmitted to be opened and tallied by an election board appointed to assist in the preparation of the county canvass report." Chapter 39 Section 66 Laws 2023 SECTION 66. Section 1-12-69 NMSA 1978 (being Laws 1977, Chapter 222, Section 72, as amended) is repealed and a new Section 1-12-69 NMSA 1978 is enacted to read: "1-12-69. DISPOSITION OF PAPER BALLOTS AND RECORDS REQUISITE TO VOTING.-- A. Paper ballots marked by voters and records requisite to voting in any election shall be retained and preserved for the greater of: (1) twenty-two months from the date of the election for any election in which a federal office appears on the ballot; (2) ten months from the date of the election for all other elections; or (3) four months following resolution of a contest or other judicial inquiry, including all appeals, for any election, precinct or polling place that is the subject of the contest or other judicial inquiry. B. Following the retention period, paper ballots marked by voters and records requisite to voting retained and preserved in the county may be destroyed at a time and in a manner as determined by the county clerk; provided that the county clerk shall use one of the destruction methods approved by the state records administrator for destruction of public records. Any interested person shall be permitted to be present

during the destruction of paper ballots marked by a voter and records requisite to voting by the county clerk. At least seven days prior to a destruction, the clerk shall post on the county website a notice of destruction of paper ballots and records requisite to voting and shall provide notice to the county chair of each political party participating in that election. The notice shall include information regarding the election that is the subject of the records destruction and the date, time and place where marked ballots and records requisite to voting will be destroyed. C. During the retention period, the county clerk may determine that paper ballots marked by voters and physical records requisite to voting from an election should be retained and preserved by the state records administrator. The state records administrator shall receive for storage paper ballots marked by voters and physical records requisite to voting and, following the retention periods required by this section, may destroy the ballots and physical records pursuant to the procedures used by the state records administrator for destruction of public records following a retention period. The state records administrator may enter into a memorandum of understanding with the secretary of state to cover the costs of storage through the election fund. The county clerk shall post on the county website a notice at least seven days prior to sending ballots and physical records requisite to voting to the state records administrator. D. Paper ballots marked by voters, their digitized equivalents and records requisite to voting are exempt from third-party inspection except as otherwise provided in the Election Code until the later of sixty days following adjournment of the state or county canvassing board for that election or sixty days following any recount, contest or other judicial inquiry for any election, precinct or polling place that is the subject of the recount, contest or judicial inquiry. Thereafter, during the retention period and prior to destruction of the ballots or records, a third-party inspection not otherwise provided for in the Election Code shall be conducted for good cause shown and upon order of the district court. When a third-party inspection is ordered, a county clerk, the clerk's agent, the state records administrator or the state records administrator's agent shall be present during the inspection to ensure that all ballots and records are properly catalogued and returned in proper order. An inspection of paper ballots marked by voters, their digitized equivalents or records requisite to voting shall be conducted in such a manner as to secure the secrecy of the ballot." Chapter 39 Section 67 Laws 2023 SECTION 67. Section 1-13-1 NMSA 1978 (being Laws 1969, Chapter 240, Section 303, as amended) is amended to read: "1-13-1. POST-ELECTION DUTIES--COUNTY CANVASSING BOARD.-- A. The board of county commissioners is ex officio the county canvassing board in each county.

B. The board of county commissioners may designate the board of registration to serve as the county canvassing board for the county. The designation shall be made in the polling place resolution adopted pursuant to Section 1-3-2 NMSA 1978 and is valid for all statewide and special elections conducted within the county until the expiration of the resolution. C. The county canvass report prepared by the county clerk and approved by the county canvassing board shall consist of: (1) the certificate of canvass to be signed by the county clerk and the county canvassing board members; (2) a report of the final vote counts for each candidate contest and ballot question voted on by voters of the county separated by mailed ballots, early voting and election day voting; (3) a report of the total ballots requested, returned, accepted and rejected from uniformed-service voters or overseas voters; and (4) a report of all provisional ballots accepted and rejected. D. Immediately after the meeting of the county canvassing board, the county clerk shall transmit a copy of the county canvass report, along with any hand tally sheets, to the secretary of state." Chapter 39 Section 68 Laws 2023 SECTION 68. Section 1-13-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 306, as amended) is amended to read: "1-13-4. POST-ELECTION DUTIES--COUNTY CANVASS–-METHOD.--The county clerk shall: A. appoint an election board to conduct a machine-tabulation or hand-tally if the county clerk has received and logged any: (1) paper ballots not previously tabulated; (2) absentee ballots delivered to an election board not previously tabulated; (3) provisional paper ballots that have been qualified and contain votes that are to be counted; or (4) ballots with write-in votes not previously counted;

B. prepare the report of the canvass of the election returns by carefully examining the returns of each precinct to ascertain if they contain the properly executed certificates required by the Election Code and to ascertain whether any discrepancy, omission or error appears on the face of the election returns; C. present the report of the canvass to the county canvassing board for the board's consideration and approval; and D. provide the county canvassing board a summary report of the ballots tallied by the election board pursuant to Subsection A of this section and deliver directly to the secretary of state a cumulative report to be used in the event of a recount." Chapter 39 Section 69 Laws 2023 SECTION 69. Section 1-13-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 310, as amended) is amended to read: "1-13-8. POST-ELECTION DUTIES--COUNTY CANVASS--SEARCH FOR MISSING RETURNS.--If it is necessary to open a ballot box on election night through the adjournment of the state canvass to ascertain if missing election returns are enclosed in the ballot box, the ballot box shall be opened in the presence of the presiding judge and two election judges of an election board that meets the requirements of Subsection B of Section 1-2-12 NMSA 1978 by the county clerk or a deputy clerk designated by the county clerk. The county clerk or deputy clerk may remove the missing returns necessary to canvass the election. The presiding judge and election judges shall document the search for missing returns using a form prescribed by the secretary of state." Chapter 39 Section 70 Laws 2023 SECTION 70. Section 1-13-10 NMSA 1978 (being Laws 1969, Chapter 240, Section 313, as amended) is amended to read: "1-13-10. POST-ELECTION DUTIES--VOTING MACHINE RECHECK--COST.-- A. Before any recheck and comparison of returns and voting machines is made pursuant to Section 1-13-9 NMSA 1978, the candidate making the request, or the petitioners, shall deposit a sum of money or a surety bond made in favor of the county to defray the cost of the recheck. The state canvassing board shall determine the estimated actual cost of a recheck per voting machine no later than March 15 of even- numbered years. B. If the recheck alters the winner of the election, the deposit or surety bond shall be returned and the cost of the recheck shall be paid by the county. If the recheck does not alter the winner of the election, the deposit or surety bond shall be forfeited and the money from the deposit or bond shall be placed in the county general fund."

Chapter 39 Section 71 Laws 2023 SECTION 71. Section 1-14-9 NMSA 1978 (being Laws 1971, Chapter 249, Section 2) is amended to read: "1-14-9. IMPOUNDING BALLOTS--APPLICATION FOR COURT ORDER-- DEPOSIT REQUIRED.-- A. Upon an order of the district court, ballots may be impounded during the period of time between the completion of the county canvass and the last day to file a candidate contest in that election. B. Any candidate in an election may petition the district court for an order impounding ballots in one or more precincts or polling places within which the candidate's name appeared on the ballot. The action shall be brought in the district court for the county in which the precincts or polling places are located. The petition shall state what specific items of ballots are requested to be impounded. Upon receipt of the petition, along with a sufficient cash deposit or a sufficient surety bond to cover the costs of each precinct or polling place for which impoundment is demanded, the court shall issue an order of impoundment. C. Ballots shall be impounded in the county courthouse or secured in the county clerk's office. When impounded ballots are being handled, a county clerk or the clerk's agent shall be present to ensure that all documents are properly catalogued and returned in proper order. D. The state canvassing board shall determine the estimated actual cost of impoundment per polling place and for mailed ballots no later than March 15 of even- numbered years. The secretary of state shall post the impoundment cost determinations on the secretary of state's website when the state canvassing board issues its cost determinations." Chapter 39 Section 72 Laws 2023 SECTION 72. Section 1-14-13.2 NMSA 1978 (being Laws 2009, Chapter 233, Section 1, as amended) is amended to read: "1-14-13.2. POST-ELECTION DUTIES--VOTING SYSTEM CHECK.-- A. At least ninety days prior to each statewide election or as soon as practicable prior to an election to fill a vacancy in the office of United States representative, the secretary of state shall contract with an auditor qualified by the state auditor to audit state agencies to oversee a check on the accuracy of precinct electronic vote tabulators, alternate voting location electronic vote tabulators and absent voter precinct electronic vote tabulators. The voting system check shall be conducted for all federal offices, for governor, for contests in the regular local election and for the

statewide elective office, other than the office of the governor, for which the winning candidate won by the smallest percentage margin of all candidates for statewide office in New Mexico. The voting system check is waived for any office for which an automatic recount is conducted. B. For each selected office, the auditor shall publicly select a random sample of precincts from a pool of all precincts in the state no later than twelve days after the election. The random sample shall be chosen in a process that will ensure, with at least ninety percent probability for the selected offices, that faulty tabulators would be detected if they would change the outcome of the election for a selected office. The auditor shall select precincts starting with the statewide office with the largest winning margin and ending with the precincts for the statewide office with the smallest winning margin and then, in the same manner, select precincts from each congressional district. The size of the random sample for each office shall be determined as provided in Table 1 of this subsection. When a precinct is selected for one office, it shall be used in lieu of selecting a different precinct when selecting precincts for another office in the same congressional district, or for any statewide office. If the winning margin in none of the offices for which a voting system check is required is less than fifteen percent, a voting system check for that general election shall not be required. Table 1

Winning margin between top

Number of precincts in the two candidates for the

state to be tested for that office according to the

office county canvasses

Percent

greater than 15

no precincts for that office greater than 14

but less than or equal to 15

4 greater than 13

but less than or equal to 14

4 greater than 12

but less than or equal to 13

5 greater than 11

but less than or equal to 12

5 greater than 10

but less than or equal to 11

6 greater than 9.0

but less than or equal to 10

6 greater than 8.0

but less than or equal to 9.0

7 greater than 7.0

but less than or equal to 8.0

9 greater than 6.0

but less than or equal to 7.0

10 greater than 5.5

but less than or equal to 6.0

11 greater than 5.0

but less than or equal to 5.5

13 greater than 4.5

but less than or equal to 5.0

14 greater than 4.0

but less than or equal to 4.5

16 greater than 3.5

but less than or equal to 4.0

18 greater than 3.0

but less than or equal to 3.5

22 greater than 2.5

but less than or equal to 3.0

26 greater than 2.0

but less than or equal to 2.5

32 greater than 1.8

but less than or equal to 2.0

37 greater than 1.6

but less than or equal to 1.8

42 greater than 1.4

but less than or equal to 1.6

47 greater than 1.2

but less than or equal to 1.4

54 greater than 1.1

but less than or equal to 1.2

59 greater than 1.0

but less than or equal to 1.1

65 greater than 0.9

but less than or equal to 1.0

73 greater than 0.8

but less than or equal to 0.9

82 greater than 0.7

but less than or equal to 0.8

93 greater than 0.6

but less than or equal to 0.7

109 greater than 0.5

but less than or equal to 0.6

130 0.5 or less

165. C. After selecting the random sample of precincts pursuant to Subsection B of this section or as required for a regular local election, the auditor shall also randomly select one precinct from each county where a precinct was not selected in the random sample. D. The auditor shall notify the appropriate county clerks of the precincts that are to be included in the voting system check upon their selection. The auditor shall

direct the appropriate county clerks to open the locked ballot boxes and remove ballots from the selected precincts and: (1) in a primary or general election, the auditor shall direct the appropriate county clerks to compare the original machine count precinct vote totals for candidates for offices subject to the voting system check from the selected precincts for each office with the respective vote totals of a hand recount of the paper ballots from those precincts; (2) in a regular local election, the size of the random sample shall be the largest number of precincts that were used for the random sample in the previous general election. The auditor shall direct the appropriate county clerks to compare the original machine count precinct vote totals for the three contests with the closest margin between the two candidates receiving the greatest number of votes affecting the final outcome for an office from each of the selected precincts with the respective vote totals of a hand recount of the paper ballots from those precincts; provided that if there are fewer than three contested contests in a precinct, the auditor shall randomly select one or more contests so that three contests are included in the sample from that precinct; and (3) in an election called to fill a vacancy in United States representative, the auditor shall direct the appropriate county clerks to compare the original machine count precinct vote totals for candidates for United States representative from the selected precincts with the respective vote totals of a hand recount of the paper ballots from those precincts. E. The county clerks shall report their results to the auditor within fourteen days of the notice to conduct the voting system check unless a county clerk is aware of a recount in any office that includes one or more precincts in the county, in which case the county clerk shall report the results of the post-election audit to the auditor within fourteen days following the conclusion of the recount. F. Based on the results of the voting system check and any other auditing results, the auditor shall determine the error rate in the sample for each office. If the winning margin decreases and the error rate based on the difference between the vote totals of hand recounts of the paper ballots and the original precinct vote totals exceeds ninety percent of the winning margin for an office, another sample equal in size to the original sample shall be selected and the original precinct vote totals compared to the vote totals of hand recounts. The error rate based on the first and second sample shall be reported, and if it exceeds ninety percent of the winning margin for the office, the state canvassing board shall order that a full hand recount of the ballots for that office be conducted. G. The auditor shall report the results of the voting system check to the secretary of state upon completion of the voting system check and release the results to the public.

H. Persons designated as county canvass observers may observe the hand recount described in Subsection D of this section. Observers shall comply with the procedures governing county canvass observers as provided in Section 1-2-31 NMSA 1978. I. If a recount for an office selected for a voting system check is conducted pursuant to the provisions of Chapter 1, Article 14 NMSA 1978, the vote totals from the hand count of ballots for that office in precincts selected for the voting system check may be used in lieu of recounting the same ballots for the recount. J. All costs of a voting system check or required hand recount shall be paid in the same manner as automatic recounts. K. The secretary of state may issue rules to implement voting system checks." Chapter 39 Section 73 Laws 2023 SECTION 73. Section 1-14-14 NMSA 1978 (being Laws 1969, Chapter 240, Section 343, as amended) is amended to read: "1-14-14. RECOUNTS--RECHECKS--APPLICATION.-- A. Whenever any candidate believes that any error or fraud has been committed by any precinct board in counting or tallying the ballots, in the verification of the votes cast on the voting machines or in the certifying of the results of any election whereby the results of the election in the precinct have not been correctly determined, declared or certified, the candidate, within six days after completion of the canvass by the proper canvassing board, may have a recount of the ballots, or a recheck of the votes shown on the voting machines, that were cast in the precinct. B. All applications for recount or recheck shall be filed with the secretary of state.” Chapter 39 Section 74 Laws 2023 SECTION 74. Section 1-14-15 NMSA 1978 (being Laws 1978, Chapter 48, Section 1, as amended) is amended to read: "1-14-15. RECOUNTS--RECHECKS--COST OF PROCEEDINGS.-- A. An applicant for a recount shall deposit with the proper canvassing board or, in the case of an office for which the state canvassing board issues a certificate of nomination or election, with the secretary of state sufficient cash, or a sufficient surety bond, to cover the cost of a recount for each precinct for which a recount is demanded. An applicant for a recheck shall deposit with the proper canvassing board or, in the case

of an office for which the state canvassing board issues a certificate of nomination or election, with the secretary of state sufficient cash, or a sufficient surety bond, to cover the cost of the recheck for each voting machine to be rechecked. The state canvassing board shall determine the estimated actual cost of a recount per polling place and for mailed ballots and a recheck per voting machine no later than March 15 of even- numbered years. The secretary of state shall post the recount and recheck cost determinations on the secretary of state's website when the state canvassing board issues its cost determinations. B. The deposit or surety bond shall be security for the payment of the costs and expenses of the recount or recheck in case the results of the recount or recheck are not sufficient to change the results of the election. C. If it appears that error or fraud sufficient to change the winner of the election has been committed, the costs and expenses of the recount or recheck shall be paid by the state upon warrant issued by the secretary of finance and administration supported by a voucher of the secretary of state, or shall be paid by the county upon warrant of the county clerk from the general fund of the county, as the case may be. D. If no error or fraud appears to be sufficient to change the winner, the costs and expenses for the recount or recheck shall be paid by the applicant. Costs shall consist of any docket fees, mileage of the sheriff in serving summons and fees and mileage of election board members, at the same rates allowed witnesses in civil actions. If error or fraud has been committed by an election board, the board members shall not be entitled to such mileage or fees." Chapter 39 Section 75 Laws 2023 SECTION 75. Section 1-14-24 NMSA 1978 (being Laws 2008, Chapter 41, Section 1, as amended) is amended to read: "1-14-24. AUTOMATIC RECOUNTS--PROCEDURES.-- A. An automatic recount of the vote is required when the canvass of returns indicates that the margin between the two candidates receiving the greatest number of votes for an office, the margin between those supporting and those opposing a ballot question or the margin affecting the outcome of a nonpartisan judicial retention election is less than: (1) one-fourth percent of the total votes cast in that election: (a) for that office in the case of a federal or statewide office; (b) on a ballot question in the case of a state ballot question; or

(c) on a nonpartisan judicial retention election in the case of the supreme court or the court of appeals; (2) one-half percent of the total votes cast in that election: (a) for that office in the case of a public education commissioner, district attorney or any office elected countywide in a county with more than one hundred fifty thousand registered voters; (b) on a ballot question in the case of a local ballot question; or (c) on a nonpartisan judicial retention election in the case of a district court or the metropolitan court; or (3) one percent of the total votes cast in that election or five or fewer votes between the two candidates receiving the greatest number of votes for that office in the case of any other office. B. For an office for which ballots were cast in more than one county, the secretary of state shall file notice with the state canvassing board upon the completion of the state canvass that an automatic recount is required, and the state canvassing board shall order a recount of the ballots for the specified office. For an office in which ballots were cast solely within one county, the secretary of state shall file notice with the state canvassing board within seven days after receiving notice from the county clerk following the completion of the county canvass that an automatic recount is required, and the state canvassing board shall order a recount of the ballots for the specified office. C. Automatic recounts shall be conducted pursuant to the recount procedures established in Sections 1-14-16 and 1-14-18 through 1-14-23 NMSA 1978." Chapter 39 Section 76 Laws 2023 SECTION 76. Section 1-16-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 377, as amended) is amended to read: "1-16-4. BALLOT QUESTIONS--STATE CONSTITUTIONAL AMENDMENTS-- PUBLICATION.-- A. The secretary of state shall cause the ballot question for a proposed constitutional amendment to be published as provided in Article 19, Section 1 of the constitution of New Mexico. B. The secretary of state shall post a proposed constitutional amendment beginning no later than seventy days prior to the election at which the amendment is to be submitted to the voters of the state for their approval or rejection.

C. Each county clerk shall post a proposed constitutional amendment beginning no later than sixty-seven days prior to the election at which the amendment is to be submitted to the voters of the state for their approval or rejection." Chapter 39 Section 77 Laws 2023 SECTION 77. Section 1-17-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 393) is amended to read: "1-17-8. REFERENDUM PETITIONS--APPROVAL BEFORE CIRCULATION.-- A. Before any referendum petition is circulated for signatures, the sponsors shall submit the original draft thereof to the secretary of state to determine whether or not it meets the requirements of law for referendum petitions. At the same time the original draft is submitted to the secretary of state, the sponsors shall also submit a suggested popular name for the law that is the object of the petition. B. Within thirty days after submission of the original draft and suggested popular name, the secretary of state shall: (1) approve and certify the original draft of the petition and approve and certify the suggested popular name or a more suitable and correct popular name; or (2) disapprove the original draft and specify each deficiency not in compliance with the law." Chapter 39 Section 78 Laws 2023 SECTION 78. Section 1-17-10 NMSA 1978 (being Laws 1969, Chapter 240, Section 395) is amended to read: "1-17-10. REFERENDUM PETITIONS--SUFFICIENCY OR INSUFFICIENCY.-- The secretary of state shall ascertain and declare the sufficiency or insufficiency of each complete referendum petition within thirty days after it is filed in the secretary's office." Chapter 39 Section 79 Laws 2023 SECTION 79. Section 1-19A-7 NMSA 1978 (being Laws 2003, Chapter 14, Section 7, as amended) is amended to read: "1-19A-7. GUIDELINES AND RESTRICTIONS FOR CONTRIBUTIONS TO AND EXPENDITURES OF CERTIFIED CANDIDATES.-- A. All money distributed to a certified candidate shall be used only for that candidate's campaign-related purposes in the election in which the money was distributed.

B. Money from the fund received by a candidate shall not be used for: (1) the candidate's personal living expenses or compensation to the candidate or the candidate's spouse, domestic partner, children or stepchildren; (2) a contribution to another campaign of the candidate or a payment to retire debt from another such campaign; (3) a contribution to the campaign of another candidate or to a political party or political committee or to a campaign supporting or opposing a ballot proposition; (4) an expenditure supporting the election of another candidate or the passage or defeat of a ballot proposition or the defeat of any candidate other than an opponent of the certified candidate; provided that a certified candidate may purchase joint advertisements or services with other certified candidates; (5) payment of a fine levied by a court or the secretary; or (6) a gift or transfer for which compensating value is not received. C. A certified candidate shall return to the fund any amount that is unspent or unencumbered at the time that person ceases to be a candidate before a primary or general election for which the fund money was distributed. D. A certified candidate shall limit total campaign expenditures to the amount of money distributed to that candidate from the fund, money received from a political party pursuant to Section 1-19A-8 NMSA 1978 and contributions collected pursuant to Section 1-19A-4.1 NMSA 1978. A certified candidate shall not accept contributions from any other source except the certified candidate's political party, as specified in Section 1-19A-8 NMSA 1978 and contributions collected pursuant to Section 1-19A-4.1 NMSA 1978. E. A certified candidate who does not remain a candidate in the general election shall, within thirty days after the primary election, transfer to the secretary for deposit in the fund any amount received from the fund, from a political party pursuant to Section 1-19A-8 NMSA 1978 or from private contributors pursuant to Section 1-19A-4.1 NMSA 1978 that remains unspent or unencumbered by the date of the primary election. F. A certified candidate shall, within thirty days after the general election, transfer to the secretary for deposit in the fund any amount received from the fund, from a political party pursuant to Section 1-19A-8 NMSA 1978 or from private contributors pursuant to Section 1-19A-4.1 NMSA 1978 that remains unspent or unencumbered by the date of the general election.

G. If a certified candidate ceases to be a certified candidate for any reason, the previously certified candidate or candidate's campaign committee shall, within thirty days thereafter, transfer to the secretary for deposit in the fund any amount received from the fund, from a political party pursuant to Section 1-19A-8 NMSA 1978 or from private contributors pursuant to Section 1-19A-4.1 NMSA 1978 that remains unspent or unencumbered by the date the candidate ceases to be a certified candidate." Chapter 39 Section 80 Laws 2023 SECTION 80. Section 1-20-6 NMSA 1978 (being Laws 1969, Chapter 240, Section 431) is amended to read: "1-20-6. UNLAWFUL POSSESSION OF KEYS.--Unlawful possession of keys consists of the possession at any time of any key to a voting machine, ballot box or monitored secured container, or possession of an imitation or duplicate thereof, or making or causing to be made any imitation or duplicate thereof, unless authorized by the Election Code. Whoever commits unlawful possession of keys is guilty of a fourth degree felony." Chapter 39 Section 81 Laws 2023 SECTION 81. Section 1-20-7 NMSA 1978 (being Laws 1971, Chapter 111, Section 1, as amended) is amended to read: "1-20-7. UNLAWFUL POSSESSION OF ABSENTEE BALLOT.--Unlawful possession of absentee ballot consists of the possession at any time of absentee ballot materials when not authorized by the Election Code to be in possession of such materials, or when such materials were obtained in an unlawful manner, and includes the establishment, designation or operation of any container or receptacle to receive voted ballots by a person who is not authorized by the Election Code and entering information into or altering the absentee ballot register. As used in this section, "absentee ballot materials" means an absentee ballot, absentee ballot envelopes, the absentee ballot register or an absentee ballot return. Whoever commits unlawful possession of absentee ballot is guilty of a fourth degree felony." Chapter 39 Section 82 Laws 2023 SECTION 82. Section 1-20-17 NMSA 1978 (being Laws 1969, Chapter 240, Section 441, as amended) is amended to read: "1-20-17. OBSTRUCTING THE POLLING PLACE.-- A. Obstructing the polling place consists of a person other than an authorized individual approaching nearer than fifty feet from the door through which voters may enter to vote at a polling place or a person who willfully blocks access to a monitored

secured container or the entrance to a polling place so as to prevent free ingress and egress. B. A person conducting lawful, non-election-related business nearer than fifty feet from the door through which voters may enter to vote is not guilty of obstructing a polling place, provided the person does not willfully block access to a monitored secured container or the entrance to the polling place. C. As used in this section, "authorized individual" means an individual who is not electioneering and who is: (1) a voter offering to vote; (2) a member of the election board; (3) a lawfully appointed watcher, challenger or election observer; (4) an individual giving assistance to a specific person offering to vote; (5) an election official or contractor having business in the polling place; (6) an attorney representing the county or state, a political party or a candidate having business in the polling place; or (7) a language translator where required by federal law. D. Whoever obstructs the polling place is guilty of a petty misdemeanor." Chapter 39 Section 83 Laws 2023 SECTION 83. Section 1-20-21 NMSA 1978 (being Laws 1969, Chapter 240, Section 445) is amended to read: "1-20-21. UNLAWFUL POSSESSION OF ALCOHOLIC LIQUORS.--Unlawful possession of alcoholic liquors consists of the use or possession of any alcoholic liquor by any member of the election board while performing official duties on election day. Whoever commits unlawful possession of alcoholic liquors is guilty of a petty misdemeanor." Chapter 39 Section 84 Laws 2023 SECTION 84. Section 1-22-4 NMSA 1978 (being Laws 2018, Chapter 79, Section 19, as amended) is amended to read: "1-22-4. REGULAR LOCAL ELECTION--PROCLAMATION--PUBLICATION.--

A. Between one hundred twenty and one hundred fifty days before the next regular local election, each local government shall notify the county clerk of the county in which the primary administrative office of the local government is situate of all local government positions that are to be filled at the next regular local election. Each county clerk shall inform the secretary of state of all positions to be filled no later than one hundred twelve days before the regular local election. B. The secretary of state shall by resolution issue a public proclamation in Spanish and English calling a regular local election. The proclamation shall be issued and filed by the secretary of state in the office of the secretary of state ninety days preceding the date of the regular local election, and upon filing the proclamation, the secretary of state shall post the proclamation and certify it to each county clerk. The proclamation may be amended no later than eleven days before the filing date for the regular local election. C. The proclamation shall specify: (1) the date when the election will be held; (2) each elective office, local governing body and judicial position to be filled; (3) the date on which declarations of candidacy are to be filed; (4) the date on which declarations of intent to be a write-in candidate are to be filed; and (5) the municipalities subject to a ranked-choice voting runoff election and those subject to a top-two runoff election and the date of the top-two runoff election should one be necessary. D. After receipt of the proclamation from the secretary of state, the county clerk shall post the entire proclamation on the county clerk's website and, not less than seventy-five days before the date of the election, shall publish portions of the proclamation relevant to the county at least once in a newspaper of general circulation within the county. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended, and shall specify: (1) the date when the election will be held; (2) for each local government situated in whole or in part in the county, each elective executive, local governing body and judicial position to be filled by voters of any precinct in the county; (3) the date on which declarations of candidacy are to be filed and the date on which declarations of intent to be a write-in candidate are to be filed;

(4) the location, days and hours for voting at the office of the county clerk; (5) the location, days and hours for early voting at each alternate voting location and mobile alternate voting location; (6) the location, date and hours for voting at each election day polling place; and (7) the date certificates of registration shall be subscribed and sworn as required by law.” Chapter 39 Section 85 Laws 2023 SECTION 85. Section 1-22-7 NMSA 1978 (being Laws 2018, Chapter 79, Section 20, as amended) is amended to read: "1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.-- A. A candidate for a position that will be filled at a regular local election shall file a declaration of candidacy with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the seventieth day before the date of the regular local election. B. A candidate shall file for only one position in the same local government but may file for a position in more than one local government on the same filing day. C. A declaration of candidacy shall not be amended after it has been filed with the proper filing officer. D. Each declaration of candidacy shall be accompanied by a nominating petition containing at least the number of signatures as required by law for the specific office. E. Each declaration of candidacy shall be delivered for filing in person by the eligible candidate or by a person acting by virtue of written authorization. The proper filing officer shall not accept for filing from any one individual more than one declaration of candidacy. F. Whoever knowingly makes a false statement in a declaration of candidacy is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978." Chapter 39 Section 86 Laws 2023 SECTION 86. Section 1-22-8.1 NMSA 1978 (being Laws 2018, Chapter 79, Section 22, as amended) is amended to read:

"1-22-8.1. WRITE-IN CANDIDATES.-- A. Write-in candidates shall be permitted in regular local elections. B. A person may be a write-in candidate only if the person has the qualifications to be a candidate for the position for which the person is running. C. A person desiring to be a write-in candidate for an office shall file with the proper filing officer a declaration of intent to be a write-in candidate. The declaration shall be filed between 9:00 a.m. and 5:00 p.m. on the sixty-third day preceding the date of the election. D. The declaration of intent to be a write-in candidate shall be accompanied by a nominating petition containing the same number of signatures or the filing fee required of other candidates for the same office. E. A write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the Local Election Act, except that the write-in candidate's name shall not be printed on the ballot nor posted in any polling place." Chapter 39 Section 87 Laws 2023 SECTION 87. Section 1-22-10 NMSA 1978 (being Laws 2018, Chapter 79, Section 24, as amended) is amended to read: "1-22-10. CANDIDATE QUALIFICATION--CHALLENGES--BALLOTS.-- A. The proper filing officer shall determine whether a candidate filing a declaration of candidacy is registered to vote within the area to be elected to represent and, if required for the office being sought, whether the candidate's nominating petition for that office has been filed with a number of signatures that is equal to or greater than the number required for that office. If the candidate is so qualified and no withdrawal of candidacy has been filed as provided in the Local Election Act, the proper filing officer shall place the candidate's name on the ballot for the position specified in the declaration of candidacy and notify each candidate in writing no later than the sixty- seventh day before the local election. B. Any voter may challenge the candidacy of any person seeking election at the regular local election for the reason that the person does not meet the requirements for the office sought by filing a petition in the district court within seven days after the day for filing a declaration of candidacy. The district court shall hear and render a decision on the matter within ten days after the filing of the petition. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith.

C. Ballots for the regular local election shall be prepared by the proper filing officer and printed in accordance with the provisions of Section 1-10-5 NMSA 1978. D. The printed ballot shall contain the name of each person who is a candidate and the position for which the person is a candidate. E. The ballot shall also contain all ballot questions that are to be submitted to the voters as certified by a local governing body to the county clerk in each county in which the local government is situate and shall conform to the requirements for ballot questions on the regular local election ballot as provided in Chapter 1, Article 16 NMSA 1978." Chapter 39 Section 88 Laws 2023 SECTION 88. Section 1-24-3 NMSA 1978 (being Laws 2019, Chapter 212, Section 156) is amended to read: "1-24-3. SPECIAL ELECTION PROCEDURES--CONDUCT.-- A. All special elections in this state shall be conducted absentee. Mailed ballots shall be used exclusively for voting in special elections. Except as otherwise provided in the Special Election Act, all special elections in this state shall be conducted and canvassed as provided in the Election Code. B. Without requiring a voter to file an application to receive a ballot, the county clerk shall send a mailed ballot to every voter of the county or local public body, except a voter: (1) who was sent a notice pursuant to Subsection C of Section 1-4-28 NMSA 1978 and who has not returned the prepaid and pre-addressed return card sent pursuant to that section and has not filed a new certificate of registration with a new address; (2) whose voter notification pursuant to Section 1-11-4.1 NMSA 1978 or official election-related mail sent through a uniform, nondiscriminatory process was returned to the county clerk or the secretary of state as undeliverable and the voter has not communicated with the county clerk that the official voter notification or election- related mail was returned as undeliverable in error or filed a certificate of registration with a new address; or (3) whose ballot is delivered pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage Act. C. Forty-two days before the election or in the case of a voter notification returned to the county clerk, as soon thereafter as practicable, the county clerk shall send to each voter of the county or local public body described in Paragraphs (1) and

(2) of Subsection B of this section notice, sent by forwardable mail, that the voter will not be sent a ballot for the special election unless the voter updates the voter's address as provided by the Election Code or informs the county clerk that the address on the certificate of registration is valid. The notice shall include contact information for the office of the county clerk and an internet address where the voter may update the voter's address or communicate with the county clerk. The mailed ballot register shall note which voters were sent a notice pursuant to this subsection. D. Between the twenty-seventh and twenty-fifth day before the election, pursuant to Subsection B of this section, the county clerk shall send to each voter a ballot for the special election, along with a postage-paid return envelope, a notice that there will be no traditional polling places for the election, the recommended deadline to deposit the voted mailed ballot with the United States postal service for return by mail, the deadline for the ballot to be received by the county clerk and a list of the times and locations of monitored secured containers available in the county. E. Beginning twenty-two days before the election, the county clerk shall issue replacement and provisional ballots as provided in the Absent Voter Act for the mailed ballot process. In addition, the county clerk shall send a ballot to any voter described in Paragraphs (1) and (2) of Subsection B of this section who has not previously been sent a ballot if the voter submits an application pursuant to Section 1-6-4 NMSA 1978. F. When required by federal law, if the voter has on file with the county a valid certificate of registration that indicates that the voter is a new registrant in the state and who registered by mail without submitting the required documentary identification, the county clerk shall notify the voter that the voter must submit with the mailed ballot the required documentary identification from the list in Paragraph (3) of Subsection I of Section 1-4-5.1 NMSA 1978. The county clerk shall note on the mailed ballot register and signature roster that the applicant's mailed ballot must be returned with the required documentary identification." Chapter 39 Section 89 Laws 2023 SECTION 89. Section 2-11-8.1 NMSA 1978 (being Laws 1993, Chapter 46, Section 23, as amended) is amended to read: "2-11-8.1. RESTRICTIONS ON CAMPAIGN ACTIVITIES AND CONTRIBUTIONS.-- A. A lobbyist shall not serve as a campaign chair, treasurer or fundraising chair for a candidate for the legislature or other state office. B. It is unlawful during the prohibited period, as that term is defined in Section 1-19-34.1 NMSA 1978, for any lobbyist or lobbyist's employer to contribute to or act as an agent or intermediary for political contributions to or arrange for the making of

political contributions to the campaign funds of any statewide elected official or legislator or any candidate for those offices.” Chapter 39 Section 90 Laws 2023 SECTION 90. Section 7-1-8.8 NMSA 1978 (being Laws 2019, Chapter 87, Section 2, as amended) is amended to read: "7-1-8.8. INFORMATION THAT MAY BE REVEALED TO OTHER STATE AND LEGISLATIVE AGENCIES.--An employee of the department may reveal confidential return information to the following agencies; provided that a person who receives the information on behalf of the agency shall be subject to the penalties in Section 7-1-76 NMSA 1978 if the person fails to maintain the confidentiality required: A. a committee of the legislature for a valid legislative purpose, return information concerning any tax or fee imposed pursuant to the Cigarette Tax Act; B. the attorney general, return information acquired pursuant to the Cigarette Tax Act for purposes of Section 6-4-13 NMSA 1978 and the master settlement agreement defined in Section 6-4-12 NMSA 1978; C. the commissioner of public lands, return information for use in auditing that pertains to rentals, royalties, fees and other payments due the state under land sale, land lease or other land use contracts; D. the secretary of human services or the secretary's delegate under a written agreement with the department: (1) the last known address with date of all names certified to the department as being absent parents of children receiving public financial assistance, but only for the purpose of enforcing the support liability of the absent parents by the child support enforcement division or any successor organizational unit; (2) return information needed for reports required to be made to the federal government concerning the use of federal funds for low-income working families; (3) return information of low-income taxpayers for the limited purpose of outreach to those taxpayers; provided that the human services department shall pay the department for expenses incurred by the department to derive the information requested by the human services department if the information requested is not readily available in reports for which the department's information systems are programmed; (4) return information required to administer the Health Care Quality Surcharge Act; and

(5) return information in accordance with the provisions of the Easy Enrollment Act; E. the department of information technology, by electronic media, a database updated quarterly that contains the names, addresses, county of address and taxpayer identification numbers of New Mexico personal income tax filers, but only for the purpose of producing the random jury list for the selection of petit or grand jurors for the state courts pursuant to Section 38-5-3 NMSA 1978; F. the state courts, the random jury lists produced by the department of information technology under Subsection E of this section; G. the director of the New Mexico department of agriculture or the director's authorized representative, upon request of the director or representative, the names and addresses of all gasoline or special fuel distributors, wholesalers and retailers; H. the public regulation commission, return information with respect to the Corporate Income and Franchise Tax Act required to enable the commission to carry out its duties; I. the state racing commission, return information with respect to the state, municipal and county gross receipts taxes paid by racetracks; J. the gaming control board, tax returns of license applicants and their affiliates as provided in Subsection E of Section 60-2E-14 NMSA 1978; K. the director of the workers' compensation administration or to the director's representatives authorized for this purpose, return information to facilitate the identification of taxpayers that are delinquent or noncompliant in payment of fees required by Section 52-1-9.1 or 52-5-19 NMSA 1978; L. the secretary of workforce solutions or the secretary's delegate, return information for use in enforcement of unemployment insurance collections pursuant to the terms of a written reciprocal agreement entered into by the department with the secretary of workforce solutions for exchange of information; M. the New Mexico finance authority, information with respect to the amount of municipal and county gross receipts taxes collected by municipalities and counties pursuant to any local option municipal or county gross receipts taxes imposed, and information with respect to the amount of governmental gross receipts taxes paid by every agency, institution, instrumentality or political subdivision of the state pursuant to Section 7-9-4.3 NMSA 1978; N. the superintendent of insurance, return information with respect to the premium tax and the health insurance premium surtax;

O. the secretary of finance and administration or the secretary's designee, return information concerning a credit pursuant to the Film Production Tax Credit Act; P. the secretary of economic development or the secretary's designee, return information concerning a credit pursuant to the Film Production Tax Credit Act; Q. the secretary of public safety or the secretary's designee, return information concerning the Weight Distance Tax Act; R. the secretary of transportation or the secretary's designee, return information concerning the Weight Distance Tax Act; S. the secretary of energy, minerals and natural resources or the secretary's designee, return information concerning tax credits or deductions for which eligibility is certified or otherwise determined by the secretary or the secretary's designee; T. the secretary of environment or the secretary's designee, return information concerning tax credits for which eligibility is certified or otherwise determined by the secretary or the secretary's designee; and U. the secretary of state or the secretary's designee, taxpayer information required to maintain voter registration records and as otherwise provided in the Election Code." Chapter 39 Section 91 Laws 2023 SECTION 91. Section 8-4-4 NMSA 1978 (being Laws 1969, Chapter 272, Section 1, as amended) is amended to read: "8-4-4. FEES OF SECRETARY OF STATE.-- A. The secretary of state shall collect the following fees to be deposited with the state treasurer for credit to the general fund: (1) photocopies of records, per page ----------------------------------------- twenty-five cents ($.25); (2) each certification ------------------------------------------------------------------- three dollars ($3.00); (3) search of records where another fee is not prescribed, per hour of search -------------------------------------------ten dollars ($10.00); (4) duplicate commission of office or certificate-------------------------------- three dollars($3.00);

(5) service of process where another fee is not prescribed ----------------- ---------------------------- twenty-five dollars ($25.00); (6) computer printout of Uniform Commercial Code records, per page -- ---------------------------------- one dollar ($1.00); and (7) computer generated records other than voter registration records, per record ----------------------------------ten cents ($.10). B. The secretary of state shall not collect a fee for the following documents when filed in the office of the secretary of state: (1) oath of office; and (2) notice of appointment to a vacancy in office." Chapter 39 Section 92 Laws 2023 SECTION 92. Section 40-13B-1 NMSA 1978 (being Laws 2018, Chapter 40, Section 1) is amended to read: "40-13B-1. SHORT TITLE.--Chapter 40, Article 13B NMSA 1978 may be cited as the "Confidential Substitute Address Act"." Chapter 39 Section 93 Laws 2023 SECTION 93. Section 40-13B-3 NMSA 1978 (being Laws 2018, Chapter 40, Section 3) is amended to read: "40-13B-3. CONFIDENTIAL SUBSTITUTE ADDRESS PROGRAM-- APPLICATION.-- A. The "confidential substitute address program" is created in the office of the secretary of state to provide a process by which a victim of domestic violence may protect the confidentiality of the victim's residential and delivery addresses in public records. B. An applicant, with the assistance of an application assistant, shall submit an application to the secretary of state on a form prescribed by the secretary of state. The application assistant's signature shall serve as recommendation that the applicant participate in the confidential substitute address program. C. An application shall be signed and dated by the applicant and the application assistant and shall include: (1) the applicant's name;

(2) the applicant's statement that the applicant fears for the safety of the applicant, the applicant's child or another person in the applicant's household because of a threat of immediate or future harm; (3) the applicant's statement that the disclosure of the applicant's residential or delivery address would endanger the applicant, the applicant's child or another person in the applicant's household; (4) the applicant's statement that the applicant has confidentially relocated in the past ninety days or will relocate within the state in the next ninety days; (5) a designation of the secretary of state as the applicant's agent for the purpose of receiving mail, deliveries and service of process, notice or demand; (6) the names and ages of those persons in the applicant's household who will also be participants in the program if the applicant is admitted into the program. Each person in an applicant's household listed in the application shall be considered a separate participant in the program; (7) the applicant's residential and delivery addresses, if different, the confidentiality of which the applicant seeks to protect; (8) the applicant's telephone number and email address; and (9) the applicant's statement under penalty of perjury that the information contained in the application is true." Chapter 39 Section 94 Laws 2023 SECTION 94. Section 40-13B-6 NMSA 1978 (being Laws 2018, Chapter 40, Section 6) is amended to read: "40-13B-6. CHANGE OF PARTICIPANT NAME, ADDRESS OR TELEPHONE NUMBER--REQUIREMENTS.-- A. A participant shall notify the secretary of state within ten days of legally changing the participant's name and shall provide the secretary of state with a certified copy of documentation of the legal name change. B. A participant shall notify the secretary of state within ten days of a change to the participant's residential address, delivery address, telephone number or email address. C. A participant shall notify the secretary of state within ten days if a new person in the participant's household needs to become a participant in the program."

Chapter 39 Section 95 Laws 2023 SECTION 95. Section 40-13B-7 NMSA 1978 (being Laws 2018, Chapter 40, Section 7) is amended to read: "40-13B-7. PARTICIPANT DECERTIFICATION.-- A. A participant shall be decertified from the confidential substitute address program if: (1) the participant submits a request to withdraw from the confidential substitute address program to the secretary of state; (2) the participant fails to notify the secretary of state of a legal name change or a change to the participant's residential address, delivery address, telephone number or email address; (3) mail that is forwarded by the secretary of state to the participant's delivery address is returned as undeliverable; or (4) the participant does not comply with the provisions of the Intimate Partner Violence Survivor Suffrage Act. B. If the secretary of state determines that one or more of the causes for decertification provided in Subsection A of this section exist, the secretary of state shall send notice of the participant's decertification to the participant's delivery and residential addresses and shall attempt to notify the participant by telephone and email. The participant shall be given ten days from the date of decertification to appeal the decertification. C. A person who is decertified from the confidential substitute address program shall not continue to use the person's confidential substitute address. D. For six months after a participant has been decertified, the secretary of state shall forward mail and deliveries to an address provided by the former participant. Upon receipt of mail and deliveries pursuant to this subsection, a former participant shall provide an updated address to the sender." Chapter 39 Section 96 Laws 2023 SECTION 96. Section 40-13B-8 NMSA 1978 (being Laws 2018, Chapter 40, Section 8, as amended) is amended to read: "40-13B-8. PARTICIPANT RECORDS--CONFIDENTIALITY--DISCLOSURE PROHIBITED.--

A. The secretary of state and an agency shall not disclose the residential address, delivery address, telephone number or email address of a participant unless the information is required to be disclosed pursuant to a court order. A person or agency that receives a participant's residential address, delivery address, telephone number or email address pursuant to a court order shall not in turn disclose that information unless pursuant to a court order or unless the person who was a participant has been decertified. B. The secretary of state shall maintain the confidentiality of all records relating to an applicant for or participant in the confidential substitute address program while the person is a participant and shall: (1) store all tangible copies of program records in locked equipment; (2) store all electronic copies of program records in a password- protected system; (3) restrict access to all program records to secretary of state staff members who are approved to access the records as provided in this section; and (4) release program records only on a court's order. C. The secretary of state shall establish a system for restricting access to program records to approved staff members. Before being approved and granted access to program records, the staff member shall: (1) submit to a criminal background check performed by the department of public safety; (2) not have a record of a sex offense, felony or a misdemeanor violation related to domestic violence or sexual assault on the results of the person's criminal background check; and (3) complete forty hours of training, including a domestic violence training course provided by the children, youth and families department and sexual assault training provided by the department of health or the crime victims reparation commission or its successor. D. The secretary of state shall appoint a person to be the administrator of the election component of the confidential substitute address program in accordance with the Intimate Partner Violence Survivor Suffrage Act. The administrator shall meet the requirements of Subsection C of this section, and administration of the Intimate Partner Violence Survivor Suffrage Act shall conform to the requirements of Subsections A and B of this section and Subsection E of Section 40-13B-5 NMSA 1978."

Chapter 39 Section 97 Laws 2023 SECTION 97. TEMPORARY PROVISION--2021 POLLING PLACE RESOLUTION--VOTER CONVENIENCE CENTER FOR ALL STATEWIDE ELECTIONS IN CALENDAR YEAR 2023.--Each election day polling place established in the 2021 polling place resolution for each county or any election day polling place established by any subsequent amendment to such a resolution shall operate as a voter convenience center for all statewide elections in calendar year 2023. Chapter 39 Section 98 Laws 2023 SECTION 98. TEMPORARY PROVISION--RECOMPILATION.-- Section 2-21-1 NMSA 1978 (being Laws 2019, Chapter 262, Section 15) is recompiled as a section of the Campaign Reporting Act. Chapter 39 Section 99 Laws 2023 SECTION 99. REPEAL.--Sections 1-6-9.2, 1-8-41, 1-10-8.1, 1-15A-8, 1-15A-10 and 1-15A-11 NMSA 1978 (being Laws 1999, Chapter 267, Section 1; Laws 1973, Chapter 228, Section 11; Laws 1981, Chapter 166, Section 1; Laws 1977, Chapter 230, Section 7; Laws 1977, Chapter 230, Section 9 and Laws 1977, Chapter 230, Section 11; as amended) are repealed. LAWS 2023, CHAPTER 40 Senate Bill 200, aa Approved March 30, 2023 AN ACT RELATING TO PROCUREMENT; PROVIDING AN EXCEPTION FROM THE PROCUREMENT CODE FOR MULTI-TERM CONTRACTS FOR PROFESSIONAL SERVICES THAT INVOLVE A REGIONAL WATER PROJECT WITH AN ESTIMATED COST OF MORE THAN FIVE HUNDRED MILLION DOLLARS ($500,000,000). BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 40 Section 1 Laws 2023 SECTION 1. Section 13-1-150 NMSA 1978 (being Laws 1984, Chapter 65, Section 123, as amended) is amended to read: "13-1-150. MULTI-TERM CONTRACTS--SPECIFIED PERIOD.--

A. A multi-term contract for items of tangible personal property, construction or services except for professional services, in an amount under twenty-five thousand dollars ($25,000), may be entered into for any period of time deemed to be in the best interests of the state agency or a local public body not to exceed four years; provided that the term of the contract and conditions of renewal or extension, if any, are included in the specifications and funds are available for the first fiscal period at the time of contracting. If the amount of the contract is twenty-five thousand dollars ($25,000) or more, the term shall not exceed ten years, including all extensions and renewals, except that for a contract entered into pursuant to the Public Facility Energy Efficiency and Water Conservation Act, the term shall not exceed twenty-five years, including all extensions and renewals. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. B. A contract for professional services may not exceed four years, including all extensions and renewals, except for the following: (1) services required to support or operate federally certified medicaid, financial assistance and child support enforcement management information or payment systems; (2) services to design, develop or implement the taxation and revenue information management systems project authorized by Laws 1997, Chapter 125; (3) a multi-term contract for the services of trustees, escrow agents, registrars, paying agents, letter of credit issuers and other forms of credit enhancement and other similar services, excluding bond attorneys, underwriters and financial advisors with regard to the issuance, sale and delivery of public securities, may be for the life of the securities or as long as the securities remain outstanding; (4) services relating to the implementation, operation and administration of the Education Trust Act; (5) services relating to measurement and verification of conservation- related cost savings and utility cost savings pursuant to the Public Facility Energy Efficiency and Water Conservation Act; (6) services relating to the design and engineering of a state public works project: (a) for a period not to exceed the requisite time for project completion and a subsequent warranty period; and (b) upon approval of the secretary of finance and administration; and

(7) services relating to the design and engineering of a regional water project with an estimated cost of more than five hundred million dollars ($500,000,000): (a) for a period not to exceed the requisite time for project completion and a subsequent warranty period; and (b) upon approval of the secretary of finance and administration." LAWS 2023, CHAPTER 41 Senate Bill 210, aa, w/ec Approved March 30, 2023 AN ACT RELATING TO MILITARY AFFAIRS; ENACTING THE NATIONAL GUARD DEATH BENEFIT ACT; CREATING THE NATIONAL GUARD DEATH BENEFIT FUND; DECLARING AN EMERGENCY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 41 Section 1 Laws 2023 SECTION 1. SHORT TITLE.--This act may be cited as the "National Guard Death Benefit Act". Chapter 41 Section 2 Laws 2023 SECTION 2. FUND CREATED.--The "national guard death benefit fund" is created in the state treasury and shall be administered by the department of military affairs. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations made to the fund. Earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the department of military affairs for the purpose of paying death benefits pursuant to the National Guard Death Benefit Act and shall be paid out only upon warrants issued by the secretary of finance and administration pursuant to vouchers signed by the adjutant general. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert. Chapter 41 Section 3 Laws 2023 SECTION 3. NATIONAL GUARD DEATH BENEFITS--DETERMINATION-- PAYMENT.--

A. The adjutant general shall determine whether a member of the national guard or a member of the state defense force division of the department of military affairs has been killed while on state active duty. In addition to any other death benefits provided by law, the beneficiary or beneficiaries designated by the service member on a form provided by the department of military affairs shall be paid five hundred thousand dollars ($500,000) as supplemental death benefits whenever a member of the national guard or a member of the state defense force division is killed while on state active duty. The benefits shall be paid from the national guard death benefit fund. B. The benefits shall be paid to a beneficiary or beneficiaries designated by the service member on a form provided by the department of military affairs. Chapter 41 Section 4 Laws 2023 SECTION 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately. LAWS 2023, CHAPTER 42 SJC/Senate Bill 215, aa Approved March 30, 2023 AN ACT RELATING TO CRIMES; CREATING THE CRIMES OF BESTIALITY, PROMOTING BESTIALITY AND AGGRAVATED BESTIALITY; PRESCRIBING PENALTIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 42 Section 1 Laws 2023 SECTION 1. A new section of the Criminal Code, Section 30-9A-1 NMSA 1978, is enacted to read: "30-9A-1. SHORT TITLE.--Chapter 30, Article 9A NMSA 1978 may be cited as the "Animal Sexual Abuse Act"." Chapter 42 Section 2 Laws 2023 SECTION 2. A new section of the Criminal Code, Section 30-9A-2 NMSA 1978, is enacted to read: "30-9A-2. DEFINITIONS.--As used in the Animal Sexual Abuse Act:

A. "animal" means any wild or domestic fauna, including livestock, alive or dead, in any setting, that is not a human being; B. "coerce" means the use of threat, physical force or violence against another person to commit an act of bestiality; C. "manipulate" means the use of persuasion, extortion, retaliation, deceit or other acts not involving force or coercion to cause another person to commit an act of bestiality; D. "orifice" means the mouth, vulva or anus; E. "sexual contact with an animal" means: (1) the intentional insertion of the genitals or mouth of an animal into an orifice of a human's body; (2) the intentional insertion of the genitals or mouth of a human into an orifice of an animal's body; (3) the intentional insertion of an object into the genitals or anus of an animal; and (4) contact, handling or stimulation of the genitals or anus of an animal by a human. "Sexual contact with an animal" does not include accepted veterinary medical practices; accepted animal husbandry, care and grooming practices in the caretaking of animals; accepted practices related to the insemination of animals for the purpose of procreation; or accepted practices related to conformation judging; and F. "solicit" means to entice, induce, encourage or attempt to persuade another person to commit an act of bestiality." Chapter 42 Section 3 Laws 2023 SECTION 3. A new section of the Criminal Code, Section 30-9A-3 NMSA 1978, is enacted to read: "30-9A-3. BESTIALITY--AGGRAVATED BESTIALITY--PENALTIES.-- A. Bestiality consists of a person engaging in sexual contact with an animal. A person who commits bestiality is guilty of a fourth degree felony. B. Promoting bestiality consists of a person:

(1) coercing, soliciting or manipulating a human to commit bestiality; or (2) selling or transferring, offering to sell or transfer, advertising for sale or transfer, purchasing or offering to purchase, possessing or otherwise obtaining an animal with the intent that the animal be used for bestiality. A person who commits promoting bestiality is guilty of a fourth degree felony. C. Aggravated bestiality consists of a person: (1) committing bestiality or promoting bestiality in the presence of a minor; or (2) committing bestiality or promoting bestiality in which a minor is a participant. A person who commits aggravated bestiality is guilty of a third degree felony. D. Emission by a human or animal is not required to prove sexual contact with an animal. E. If a person has been convicted of a crime pursuant to this section, in addition to any other penalties, the sentencing court shall include in the judgment and sentence all of the following: (1) that all animals under the direct care and control of the convicted person be seized and turned over to an agent of the New Mexico livestock board or to an animal control agency operated by the state or a local government or an animal shelter or other animal welfare organization designated by the animal control agency. The receiver of seized animals has the authority to determine the disposition of seized animals, but shall not return the animals to the convicted person; and (2) that the convicted person shall not be allowed to own, possess, reside with or exercise control over any animal or engage in any occupation or profession, whether paid or unpaid, at any place where animals are kept or cared for, for a definite period not less than three years and not more than fifteen years; provided that the time the person spent in actual confinement serving a criminal sentence shall be excluded from the calculation of the definite period. F. If a person has been convicted of a crime pursuant to this section, in addition to criminal penalties and other penalties specified in Subsection E of this section, the sentencing court may order: (1) that the convicted person submit to a psychological assessment and participate in appropriate counseling; and

(2) that the convicted person pay restitution for incurred costs of veterinary care, boarding, food and other reasonable costs of care for an animal as a result of the crime. G. A person shall not be convicted of a crime specified in this section if the person's sexual contact with an animal was coerced or manipulated." LAWS 2023, CHAPTER 43 Senate Bill 240 Approved March 30, 2023 AN ACT RELATING TO TAX-EXEMPT ORGANIZATIONS; REVISING REQUIREMENTS FOR AUDITS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 43 Section 1 Laws 2023 SECTION 1. Section 6-5A-1 NMSA 1978 (being Laws 1992, Chapter 27, Section 1, as amended) is amended to read: "6-5A-1. DEFINITIONS--REQUIREMENTS FOR GOVERNMENTAL ENTITIES THAT RECEIVE FUNDS OR PROPERTY FROM CERTAIN ORGANIZATIONS.-- A. As used in this section: (1) "agency" means any state agency, department or board, any public institution of higher education or public post-secondary educational institution and any county, municipality or public school district; (2) "organization" means an organization that has been granted exemption from the federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c) of the Internal Revenue Code of 1986, as amended or renumbered, and whose principal and authorized purpose is to complement, contribute to and support or aid the function of or forward the purposes of a single agency through financial support or contribution of services, goods, data or information that help or aid the agency in carrying out its statutory purpose and goals, including, but not limited to, the provision of scholarships to students of educational institutions and the provision of grants to supplement ongoing research or to provide funds for research and programs being carried out by an agency; (3) "post-secondary educational institution" means an educational institution designated in Article 12, Section 11 of the constitution of New Mexico and

includes an academic, vocational, technical, business, professional or other school, college or university or other organization or person offering or purporting to offer courses, instruction, training or education through correspondence or in person to any individual within this state over the compulsory school attendance age, if that post- secondary educational institution is directly supported in whole or in part by state or local taxation; and (4) "transferred" means given or otherwise transferred, with or without consideration. B. Prior to an agency accepting property or funds that have been transferred to an agency by an organization, the agency and the organization shall enter into a written agreement that includes at least the following: (1) a concise statement of the organization's purpose and of how that purpose is supportive of the agency's statutory responsibilities and authority; (2) provisions explicitly describing the relationship of the agency to the organization in connection with such issues as authority, autonomy and information sharing and reporting; (3) provisions defining the extent to which the organization may complement and support functions that are the statutory responsibility of the agency; (4) requirements that the organization: (a) if its total annual expenses exceed seven hundred fifty thousand dollars ($750,000), have a financial accounting system considered adequate under customarily and currently accepted accounting standards and that the financial affairs of the organization be audited annually in accordance with generally accepted governmental auditing standards by an independent professional auditor who would be required to furnish to the agency copies of the annual audit, which, exclusive of any lists of donors or donations, shall be a public record, and to make the associated working papers available to the agency for review upon its written request for a period of three years after the audit report date; or (b) if its total annual expenses are seven hundred fifty thousand dollars ($750,000) or less, file a statement with the agency in the form of a balance sheet showing the assets of the organization, its liabilities, its income, classified by general source, and its expenditures, classified by object; (5) a provision requiring that any funds or property transferred to the agency by the organization be considered subject to all state laws and regulations governing the disbursement and administration of public funds and public property, except to the extent of any specific conditions of the transfer that are acceptable to the agency and do not require actions that are punishable as crimes under state law;

(6) a provision stating that the agency has reviewed the bylaws of the organization and found them acceptable and a provision requiring that the organization furnish copies of the bylaws to the agency; (7) a provision requiring specification of the consideration that the agency received from the organization for any agency services provided in support of the organization; and (8) a provision requiring the application by the organization of the standard described in Section 6-8-10 NMSA 1978 as the standard for evaluating investments of the organization. C. The written agreement required by Subsection B of this section is not required for each transfer but is a precondition of an agency's acceptance of any transfers. The agreement may be amended by mutual written agreement of the agency and the organization. D. Nothing in this section subjects an organization to the provisions of the Open Meetings Act or makes its records, other than the annual audit required under this section, public records within the purview of Section 14-2-1 NMSA 1978." Chapter 43 Section 2 Laws 2023 SECTION 2. Section 57-22-6 NMSA 1978 (being Laws 1983, Chapter 140, Section 6, as amended) is amended to read: "57-22-6. FILING OF REQUIRED DOCUMENTS.-- A. A charitable organization existing, operating or soliciting in the state, unless exempted by Section 57-22-4 NMSA 1978, shall register with the attorney general on a form provided by the attorney general; correct any deficiencies in its registration upon notice of deficiencies provided by the attorney general; and provide a copy of its IRS Form 1023 or IRS Form 1024 application for exempt status with its registration. B. The attorney general shall notify each charitable organization required to register within ten business days of receipt of the registration form of any deficiencies in the registration and may make rules in accordance with the State Rules Act, as are necessary for the proper administration of this section, including: (1) requirements for filing additional information, including disclosure of professional fundraising counsel retained by the charitable organization; and (2) provisions for suspending the filing of reports or granting an exemption from the registration and reporting requirements of this section for a charitable organization subject to audit, registration, charter or other requirements of a

statewide, regional or national association and if it is determined that such reports or registration is not necessary for the protection of the public interest. C. In addition to any other reporting requirements pursuant to the Charitable Solicitations Act, every charitable organization that has received tax-exempt status pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986, as amended, and that is required to file a Form 990, 990EZ or 990PF pursuant to the Internal Revenue Code of 1986, as amended, shall file that form and the accompanying schedule A annually with the office of the attorney general up to six months following the close of the charitable organization's fiscal year. Extensions of time for filing may be allowed at the discretion of the attorney general for good cause shown. Such forms shall be public records and available for public inspection. Organizations that do not file a Form 990, 990EZ or 990PF pursuant to the Internal Revenue Code of 1986, as amended, shall file an annual report, under oath, on the form provided by the attorney general for that purpose. A charitable organization with total expenses in excess of seven hundred fifty thousand dollars ($750,000) shall be audited by an independent certified public accountant. Audits shall be performed in accordance with generally accepted accounting principles. If the attorney general has reason to believe it is in the public interest, the attorney general may, prior to the institution of a civil proceeding, require a charitable organization to submit an audit in accordance with generally accepted accounting principles. A charitable organization shall correct any deficiencies in an annual report upon notice of deficiencies provided by the attorney general. D. A charitable organization that fails to register before a solicitation is made or fails to timely file its tax filings with the attorney general pursuant to Subsection C of this section may be assessed a late filing fee of one hundred dollars ($100). E. The attorney general may accept information filed by a charitable organization with another state or the federal government in lieu of the registration and reporting requirements of the Charitable Solicitations Act if such information is determined by the attorney general to be in substantial compliance with the registration and reporting requirements of that act." Chapter 43 Section 3 Laws 2023 SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2024. LAWS 2023, CHAPTER 44 Senate Bill 248, aa Approved March 30, 2023 AN ACT

RELATING TO COURTS; CLARIFYING PROBATE COURT ADMINISTRATION AND JURISDICTION; PROVIDING PROCEDURES FOR DESIGNATING A DISTRICT JUDGE OR OTHER PROBATE JUDGE WHEN A PROBATE JUDGE HAS RECUSED OR BEEN DISQUALIFIED; PROVIDING FOR CLERKS OF THE PROBATE COURT AND THEIR DUTIES; SPECIFYING EACH COUNTY'S FINANCIAL OBLIGATION FOR SUPPORT OF THE PROBATE COURT; SPECIFYING RECORDS RETENTION; PROVIDING A FILING FEE; PROVIDING WHEN CERTAIN CASES ARE TRANSFERRED TO DISTRICT COURT; ALIGNING THE TERMS OF PROBATE JUDGES STATEWIDE; REPEALING OUT-OF-DATE PROBATE COURT STATUTES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 44 Section 1 Laws 2023 SECTION 1. Section 34-7-1 NMSA 1978 (being Laws 1865, Chapter 21, Section 1, as amended) is amended to read: "34-7-1. PROBATE COURT--PROBATE JUDGE.-- A. There shall be a probate judge in each county of this state, and each county is a probate court district. B. The position of probate judge is a part-time position." Chapter 44 Section 2 Laws 2023 SECTION 2. Section 34-7-2 NMSA 1978 (being Laws 1851-1852, p.198, as amended) is amended to read: "34-7-2. PROBATE JUDGE--ELECTION.--A probate judge shall be elected at each general election at which the governor is elected." Chapter 44 Section 3 Laws 2023 SECTION 3. Section 34-7-3 NMSA 1978 (being Laws 1865, Chapter 93, Section 1, as amended) is amended to read: "34-7-3. PROBATE COURTS--SEAL.--The probate courts shall procure and keep a seal with emblems and devices as the supreme court determines."

Chapter 44 Section 4 Laws 2023 SECTION 4. Section 34-7-4 NMSA 1978 (being Laws 1869-1870, Chapter 51, Section 1, as amended) is repealed and a new Section 34-7-4 NMSA 1978 is enacted to read: "34-7-4. PLACE OF HOLDING COURT--QUARTERS--SALARY.-- A. The probate court shall be located at the county seat unless another location is designated by ordinance of the board of county commissioners. B. The board of county commissioners shall provide adequate quarters for the probate court, including necessary furnishings, equipment, books, supplies, utilities, upkeep and maintenance. C. Except as otherwise specifically provided by law, all expenses of the probate court, including salary and benefits of the judge, shall be paid from the county general fund in accordance with the court budget approved by the board of county commissioners." Chapter 44 Section 5 Laws 2023 SECTION 5. Section 34-7-7 NMSA 1978 (being Laws 1865-1866, Chapter 41, Section 2, as amended) is repealed and a new Section 34-7-7 NMSA 1978 is enacted to read: "34-7-7. CUSTODY OF RECORDS.--The records, archives, documents and books of the probate court shall be under the charge of the clerk of the probate court in accordance with standards established by the supreme court. The records, archives and documents shall be kept in a separate book maintained for that purpose and may be kept in physical or electronic form.” Chapter 44 Section 6 Laws 2023 SECTION 6. Section 34-7-8 NMSA 1978 (being Laws 1935, Chapter 63, Section 1, as amended) is amended to read: "34-7-8. PROBATE COURT--HOURS OF BUSINESS.-- A. The probate court shall be open at such times as determined by the clerk of the probate court and published on the county's website. B. The probate judge in each county shall conduct business during those times as necessary for the proper discharge of duties and may set regular hours."

Chapter 44 Section 7 Laws 2023 SECTION 7. Section 34-7-9 NMSA 1978 (being Laws 1889, Chapter 132, Section 1, as amended) is amended to read: "34-7-9. PROBATE JUDGE DISQUALIFICATION--TRANSFER.-- A. Whenever a probate judge shall, for any reason, be interested or disqualified from acting in any proceeding coming within the jurisdiction of the probate court, the judge shall, upon the judge's own motion or that of any interested party, immediately enter an order transferring the proceeding and file the order with the clerk of the probate court. B. Upon receipt of an order of recusal or disqualification, the clerk of the probate court shall give written notice to the district court of the county in which the probate court is situate, and the district court shall transfer the case to the district court or designate another probate judge to conduct further proceedings. If designating another probate judge, the district court shall give preference to probate judges serving within the same judicial district. Upon receipt by the clerk of the probate court of a district court designation, the clerk of the probate court shall send a copy of the designation to the parties or their counsel, to the designated district or probate judge and to the recused or disqualified judge. C. A probate judge who has accepted a designation by the district court has jurisdiction to sit in any action arising in any other probate district when designated for a specific case or for a specific period of time. A probate judge acting in another probate district by designation shall include the cases heard by designation in the probate judge's own reports to the district court, indicating on the reports that the probate court's jurisdiction is by designation. D. The board of county commissioners of the county of the recused or disqualified probate judge shall reimburse the district judge or probate judge sitting by designation for expenses incurred pursuant to the Per Diem and Mileage Act." Chapter 44 Section 8 Laws 2023 SECTION 8. Section 34-7-10 NMSA 1978 (being Laws 1933, Chapter 102, Section 2) is amended to read: "34-7-10. PROCEEDINGS IN DISTRICT COURT.-- A. All proceedings transferred from the probate court to the district court shall be docketed as other causes in that court, which court shall exercise the same authority and take the same steps and proceedings as would have otherwise been taken in the probate court.

B. If a case was properly filed within the jurisdiction of the probate court and later transferred to the district court, no filing fee shall be charged in the district court." Chapter 44 Section 9 Laws 2023 SECTION 9. Section 34-7-11 NMSA 1978 (being Laws 1933, Chapter 101, Section 1, as amended) is amended to read: "34-7-11. PROBATE JUDGE ABSENT OR UNABLE TO ATTEND TO DUTIES.-- A. Whenever a probate judge is absent, incapacitated or unable to attend to the probate judge's duties from any cause whatsoever, the probate judge shall enter a notice of unavailability and file the order with the clerk of the probate court; provided that if the judge is unable to prepare the notice due to incapacity, the clerk of the probate court shall prepare and file a notice of incapacitation. B. Upon receipt of a notice of unavailability or after preparing a notice of incapacitation, the clerk of the probate court shall give written notice to the district court of the county in which the probate court is situate and the district court shall designate a district judge or another probate judge to hold court in the county and do all things that could otherwise be done by the probate judge of that county, without the necessity of having the matters or proceedings transferred from the docket of the probate court to the docket of the district court or the other probate court. If designating another probate judge, the district court shall give preference to probate judges serving within the same judicial district. Upon receipt by the clerk of the probate court of the designation by the district court, the clerk of the probate court shall send a copy of the designation to the parties or their counsel, to the designated district or probate judge and to the unavailable or incapacitated probate judge. C. A probate judge acting in another probate district by designation as provided in this section shall include the cases heard by designation in the probate judge's own reports to the district court, indicating on the reports that the probate court's jurisdiction is by designation. D. The board of county commissioners of the county of the unavailable or incapacitated probate judge shall reimburse the district judge or probate judge sitting by designation for expenses incurred pursuant to the Per Diem and Mileage Act." Chapter 44 Section 10 Laws 2023 SECTION 10. Section 34-7-13 NMSA 1978 (being Laws 1887, Chapter 66, Section 1, as amended) is repealed and a new Section 34-7-13 NMSA 1978 is enacted to read: "34-7-13. ADMINISTRATION--SUPREME COURT RULES.--

A. The supreme court shall promulgate rules to regulate pleading, practice and procedure in the probate courts to simplify and promote the speedy determination of probate. The rules shall not abridge, enlarge or modify the substantive rights of any party. B. The supreme court shall cause all rules to be printed and distributed to all probate judges and to all members of the bar, and no rule shall become effective until thirty days after the rule has been printed and distributed." Chapter 44 Section 11 Laws 2023 SECTION 11. Section 34-7-14 NMSA 1978 (being Laws 1923, Chapter 29, Section 1, as amended) is repealed and a new Section 34-7-14 NMSA 1978 is enacted to read: "34-7-14. FEES OF PROBATE COURT.--Clerks of the probate courts shall receive a filing fee of thirty dollars ($30.00) for each probate case." Chapter 44 Section 12 Laws 2023 SECTION 12. Section 34-7-17 NMSA 1978 (being Laws 1860-1861, p. 80, as amended) is amended to read: "34-7-17. PROBATE COURT TO KEEP ACCOUNTS.--The clerk of each probate court shall keep the accounts of the probate court and a record of all warrants issued against the county treasury and for what purpose." Chapter 44 Section 13 Laws 2023 SECTION 13. Section 34-7-18 NMSA 1978 (being Laws 1860-1861, p. 80, as amended) is repealed and a new Section 34-7-18 NMSA 1978 is enacted to read: "34-7-18. PUBLIC MONEY--WHEN CASES TRANSFERRED TO DISTRICT COURT.-- A. All money collected by a probate court in connection with any probate case is public money of the county held in trust until disbursed in accordance with law. B. If a party informs the probate court that distribution to a decedent's estate is required by federal law or other regulatory provision and there is no other account of the estate established to receive the money, the probate judge shall transfer the case to the district court. C. If a will requires a bond to be deposited with the court, the probate judge shall transfer the case to the district court."

Chapter 44 Section 14 Laws 2023 SECTION 14. Section 34-7-22 NMSA 1978 (being Laws 1866-1867, Chapter 24, Section 1, as amended) is repealed and a new Section 34-7-22 NMSA 1978 is enacted to read: "34-7-22. CLERK OF THE PROBATE COURT--DEPUTY CLERKS--POWERS.-- A. Unless otherwise provided by law, the county clerk of each county is designated as the clerk of the probate court in that county and shall have power to appoint deputy clerks of the probate court who shall have full power to perform all the duties of the clerk of the probate court. The fees received by the probate court shall be deposited in the county clerk recording and filing fund. B. The board of county commissioners of a county may by ordinance provide for a separate clerk of the probate court who shall have the power to appoint deputy clerks, and the fees received by that probate court shall be deposited in the county general fund." Chapter 44 Section 15 Laws 2023 SECTION 15. TEMPORARY PROVISION--ADJUSTMENT OF TERMS OF OFFICE.-- A. Pursuant to Article 20, Section 3 of the constitution of New Mexico, the legislature finds that the probate judge term adjustments provided for in Section 34-7-2 NMSA 1978 as amended by this act are necessary to: (1) align the election of all thirty-three probate judges throughout the state; and (2) enable more effective training for new judges. B. The term of a probate court judge that was set to expire on December 31, 2024 shall expire on December 31, 2026. Chapter 44 Section 16 Laws 2023 SECTION 16. REPEAL.--Sections 34-7-5, 34-7-6, 34-7-15, 34-7-16, 34-7-19 through 34-7-21, 34-7-23 through 34-7-25 and 45-1-307 NMSA 1978 (being Laws 1869- 1870, Chapter 51, Section 2, Laws 1887, Chapter 66, Section 3, Laws 1923, Chapter 29, Sections 2 and 4, Laws 1860-1861, page 80, Laws 1889, Chapter 90, Sections 42 and 43, Laws 1866-1867, Chapter 24, Sections 2 through 4 and Laws 1975, Chapter 257, Section 1-307, as amended) are repealed.

Chapter 44 Section 17 Laws 2023 SECTION 17. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 45 Senate Bill 271, aa Approved March 30, 2023 AN ACT RELATING TO LIVESTOCK; DEFINING "EQUINE" AND SUBSTITUTING THAT TERM FOR "HORSE"; REVISING PROCEDURES FOR EQUINE ESTRAYS; AMENDING THE LIVESTOCK CODE AND OTHER SECTIONS OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 45 Section 1 Laws 2023 SECTION 1. Section 7-2-30.7 NMSA 1978 (being Laws 2013, Chapter 49, Section 2) is amended to read: "7-2-30.7. OPTIONAL DESIGNATION OF TAX REFUND CONTRIBUTION-- EQUINE SHELTER RESCUE FUND.-- A. Any individual whose state income tax liability after application of allowable credits and tax rebates in any year is lower than the amount of money held by the department to the credit of such individual for that tax year may designate any portion of the income tax refund due to the individual to be paid to the equine shelter rescue fund. In the case of a joint return, both individuals must make such a designation. B. The department shall revise the state income tax form to allow the designation of such contributions in the following form: "Equine Shelter Rescue Fund - Check [ ] if you wish to contribute a part or all of your tax refund to the equine shelter rescue fund. Enter here $_________ the amount of your contribution.". C. The provisions of this section do not apply to income tax refunds subject to interception under the provisions of the Tax Refund Intercept Program Act, and any designation made under the provisions of this section to such refunds is void."

Chapter 45 Section 2 Laws 2023 SECTION 2. Section 30-18-1.2 NMSA 1978 (being Laws 1999, Chapter 107, Section 3, as amended) is amended to read: "30-18-1.2. DISPOSITION OF SEIZED ANIMALS.-- A. If the court finds that a seized animal is not being cruelly treated and that the animal's owner is able to provide for the animal adequately, the court shall return the animal to its owner. B. If the court finds that a seized animal is being cruelly treated or that the animal's owner is unable to provide for the animal adequately, the court shall hold a hearing to determine the disposition of the animal. C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality, or an animal shelter or other animal welfare organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner. D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case including the owner's ability to pay, and may conduct periodic reviews of its order. If the posting of security is ordered, the New Mexico livestock board, animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges. E. If the owner of the animal does not post security within fifteen days after the issuance of the order, or if, after reasonable and diligent attempts the owner cannot be located, the animal may be deemed abandoned and relinquished to the New Mexico livestock board, animal control agency, animal shelter or animal welfare organization for adoption or humane destruction; provided that if the animal is livestock other than poultry associated with cockfighting, the animal may be sold pursuant to the procedures set forth in Section 77-18-2 NMSA 1978. F. Nothing in this section shall prohibit an owner from voluntarily relinquishing an animal to an animal control agency or shelter in lieu of posting security. A voluntary relinquishment shall not preclude further prosecution of any criminal charges alleging that the owner has committed felony cruelty to animals.

G. Upon conviction, the court shall place the animal with an animal shelter or animal welfare organization for placement or for humane destruction. H. As used in this section, "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch and exotic animals in captivity and includes equines as defined in Section 77-2-1.1 NMSA 1978, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae but does not include canine or feline animals." Chapter 45 Section 3 Laws 2023 SECTION 3. Section 77-2-1.1 NMSA 1978 (being Laws 1993, Chapter 248, Section 2, as amended) is amended to read: "77-2-1.1. DEFINITIONS.--As used in The Livestock Code: A. "animals" or "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch, including the carcasses thereof, and exotic animals in captivity and includes equines, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae upon any land in New Mexico. "Animals" or "livestock" does not include canine or feline animals; B. "bill of sale" means an instrument in substantially the form specified in The Livestock Code by which the owner or the owner's authorized agent transfers to the buyer the title to animals described in the bill of sale; C. "bison" or "buffalo" means a bovine animal of the species bison; D. "board" means the New Mexico livestock board; E. "bond" means cash or an insurance agreement from a New Mexico licensed surety or insurance corporation pledging surety for financial loss caused to another, including certificate of deposit, letter of credit or other surety as may be approved by the grain inspection, packers and stockyards administration of the United States department of agriculture or the board; F. "brand" means a symbol or device in a form approved by and recorded with the board as may be sufficient to readily distinguish livestock should they become intermixed with other livestock; G. "brand inspector" means an inspector who is not certified as a peace officer; H. "carcasses" means dead or dressed bodies of livestock or parts thereof;

I. "cattle" means animals of the genus bos, including dairy cattle, and does not include any other kind of livestock; J. "dairy cattle" means animals of the genus bos raised not for consumption but for dairy products and distinguished from meat breed cattle; K. "director" means the executive director of the board; L. "disease" means a communicable, infectious or contagious disease; M. "district" means a livestock inspection district; N. "equine" means a horse, pony, mule, donkey or hinny; O. "estray" means livestock found running at large upon public or private lands, either fenced or unfenced, whose owner is unknown, or that is branded with a brand that is not on record in the office of the board or is a freshly branded or marked offspring not with its branded or marked mother, unless other proof of ownership is produced; P. "inspector" means a livestock or brand inspector; Q. "livestock inspector" means a certified inspector who is granted full law enforcement powers for enforcement of The Livestock Code and other criminal laws relating to livestock; R. "mark" means an ear tag or ownership mark that is not a brand; S. "meat" means the edible flesh of poultry, birds or animals sold for human consumption and includes livestock, poultry and livestock and poultry products; T. "mule" means a hybrid resulting from the cross of a horse and an ass; and U. "person" means an individual, firm, partnership, association, corporation or similar legal entity." Chapter 45 Section 4 Laws 2023 SECTION 4. Section 77-2-30 NMSA 1978 (being Laws 2005, Chapter 236, Section 1) is amended to read: "77-2-30. EQUINE RESCUE OR RETIREMENT FACILITY--REGISTRATION-- BOARD POWERS AND DUTIES--FEES.-- A. As used in this section, "facility" means an equine rescue or retirement facility, including a private reserve or private preserve, that advertises or solicits for

equines and provides lifelong care or finds new owners for equines that are unwanted or have been neglected or abused or captured wild equines that cannot be returned to their range. B. A facility shall not operate in New Mexico unless registered by the board. C. The board shall: (1) register facilities that meet the requirements of this section; (2) annually consult with representatives from the equine industry, equine rescue organizations and veterinarians on facility standards; and (3) after consideration of recommendations by national organizations for the care of unwanted equines and equine rescue and retirement facilities, promulgate rules for facilities, including: (a) health and sanitary requirements; (b) standards for barns, paddocks, pastures and ranges; (c) qualifications of the facility staff; (d) provision of veterinary care; (e) feeding and watering requirements; (f) transportation; (g) a process to issue a temporary capacity waiver to a facility for the purpose of transferring equines in the custody of the board to a facility; and (h) other requirements necessary to ensure the humane care of equines. D. The board may charge the following fees: (1) an initial inspection and registration fee of not more than two hundred fifty dollars ($250); (2) an annual inspection and registration fee of not more than one hundred dollars ($100); and (3) reinspection fees of not more than one hundred dollars ($100).

E. Fees collected pursuant to this section shall be deposited in the New Mexico livestock board general fund and may be used to carry out the provisions of this section and Section 77-2-31 NMSA 1978." Chapter 45 Section 5 Laws 2023 SECTION 5. Section 77-2-31 NMSA 1978 (being Laws 2005, Chapter 236, Section 2) is amended to read: "77-2-31. EQUINE RESCUE OR RETIREMENT FACILITIES--INSPECTIONS-- REINSPECTION.-- A. Prior to annual registration, each facility shall be inspected in accordance with board rules. B. The board or its agents may enter the premises of a facility to conduct unannounced inspections. C. If, following an inspection, the board determines that the facility does not meet the board's minimum facility requirements, it shall give the registrant written notice of the deficiencies and schedule a reinspection, allowing a reasonable time for the registrant to correct the deficiencies. D. The registrant shall remedy the deficiencies and submit evidence to the board demonstrating compliance with board rules for the facility. E. If on reinspection the board determines that the facility is still deficient in those areas for which it has been given written notice, the equines may be impounded in accordance with the provisions of Section 77-18-2 NMSA 1978 and the board shall hold a hearing as provided in the Uniform Licensing Act to determine if the registration should be suspended or revoked. F. If a facility's registration is suspended or revoked, the board shall place the equines in another facility." Chapter 45 Section 6 Laws 2023 SECTION 6. Section 77-2-32 NMSA 1978 (being Laws 2013, Chapter 49, Section 1) is amended to read: "77-2-32. EQUINE SHELTER RESCUE FUND--CREATED.-- A. The "equine shelter rescue fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and amounts designated pursuant to Section 7-2-30.7 NMSA 1978. The board shall administer the

fund, and money in the fund is appropriated to the board to carry out the intent of aiding equine rescues and homeless equines in the state. B. The board shall establish by rule the distribution of funds from the equine shelter rescue fund to equine rescue and retirement facilities registered by the board pursuant to Section 77-2-30 NMSA 1978, taking into consideration the number of equines being cared for in each facility and the need of each facility." Chapter 45 Section 7 Laws 2023 SECTION 7. Section 77-13-4 NMSA 1978 (being Laws 1907, Chapter 80, Section 4, as amended) is amended to read: "77-13-4. OWNER UNKNOWN--PUBLICATION AND POSTING OF NOTICE.-- A. If the director is unable to determine from the records and description who is the owner or probable owner of an estray, the director shall publish at least once in some publication in general circulation in the county in which the estray animal was picked up, the publication to be designated by the board, a notice of the estray. B. For an estray that is not an equine, the notice shall give a description of the animal, shall state when and where the animal was impounded and shall give notice that unless the animal is claimed by the legal owner within five days after the publication of the notice, the animal shall be sold by the board for the benefit of the owner when found. C. For an estray that is an equine, the notice shall give a description of the equine and shall: (1) state when and where the equine was impounded and shall give notice that, unless the equine is claimed by the legal owner within five days after publication of the notice, a registered equine rescue or retirement facility shall be given the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded; and (2) give notice that if a registered equine rescue or retirement facility is unable or unwilling to purchase the equine, the board shall auction the equine through a sealed-bid process administered by the board and established in rule and that if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian."

Chapter 45 Section 8 Laws 2023 SECTION 8. Section 77-13-5 NMSA 1978 (being Laws 1907, Chapter 80, Section 5, as amended) is amended to read: "77-13-5. DISPOSITION OF UNCLAIMED ESTRAYS--BILL OF SALE--EFFECT- -SALE WITHOUT ADVERTISEMENT--CONDITIONS.-- A. If an estray that is not an equine is not claimed within five days after publication of notice, it may be sold by the board through an inspector in such manner as the board may direct. The inspector making the sale shall give a bill of sale to the purchaser from the board, signed by the inspector. The bill of sale shall be legal evidence of the ownership of the livestock by the purchaser and shall be a legal title to the livestock. Where the director determines that it is impractical to publish notice, the estray may be sold immediately without notice. In such case, the board shall publish notice of the proceeds from the sale of the estray in the same manner and for the same length of time as provided for the notice of the sale and shall hold and distribute the proceeds from the sale in the same manner as if the sale were made after notice. B. If the estray is an equine and the equine is not claimed within five days after publication of notice: (1) the board shall give a registered equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee; (2) the ownership transfer fee shall be equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded; (3) the board shall provide a bill of sale to the registered equine rescue or retirement facility that purchases the equine; (4) the bill of sale shall be legal evidence of the ownership of the equine by the registered equine rescue or retirement facility and shall be legal title to the equine; (5) if a registered equine rescue or retirement facility is unable or unwilling to purchase the equine, the board shall auction the equine through a sealed- bid process administered by the board and established in rule; and (6) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian."

Chapter 45 Section 9 Laws 2023 SECTION 9. Section 77-14-7 NMSA 1978 (being Laws 1909, Chapter 146, Section 4, as amended) is amended to read: "77-14-7. LIVESTOCK RUNNING AT LARGE--WHEN UNLAWFUL-- IMPOUNDING--DISPOSITION--SUIT FOR DAMAGES.-- A. It is unlawful for the owners of livestock to willfully allow the livestock to run at large within the town, conservancy district, irrigation district or military reservation or enclave. An owner who willfully allows livestock to run at large is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense. B. For livestock that is not an equine, the sheriff or other peace officer or proper military authority or the board shall impound livestock found running at large and sell the livestock at public auction to the highest bidder for cash after giving notice of the time and place of sale in some newspaper published in the county where the violation occurred three days prior to the day of sale; provided that in the case of a military reservation or enclave, the sale shall be conducted by the board pursuant to the procedure set forth in Section 77-14-36 NMSA 1978. The proceeds up to ten dollars ($10.00) per day for each animal shall be retained by the impounding authority to cover its expense and fees. The balance, if any, shall be paid to the general fund. C. For livestock that is an equine, the sheriff, other peace officer, proper military authority or the board shall impound the equine running at large and give notice in some newspaper published in the county where the violation occurred of three days prior to the day of disposition. The notice shall include a description of the equine and state when and where the equine was impounded and that: (1) unless the equine is redeemed by the legal owner within three days after publication of the notice, a registered equine rescue or retirement facility shall be given the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded; (2) if a registered equine rescue or retirement facility is unable or unwilling to purchase the equine, the board shall auction the equine through a sealed- bid process administered by the board and established in rule; (3) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian; and

(4) any proceeds from the sale of an equine pursuant to this subsection shall be retained by the impounding authority to cover its expenses and costs, and the balance, if any, shall be paid to the general fund. D. The owner of livestock impounded may redeem the livestock at any time prior to disposition by paying the impound fees and costs incurred for each day or portion of a day that the livestock has been in custody; provided that in the case of a military reservation or enclave, redemption shall be allowed pursuant to Section 77-14- 36 NMSA 1978. E. A person claiming damages for violation of the provisions of Subsection A of this section may file suit to recover damages as in other civil cases; provided that such damages, in the case of a violation involving a military reservation or enclave, shall include direct, indirect, incidental and consequential damages." Chapter 45 Section 10 Laws 2023 SECTION 10. Section 77-14-36 NMSA 1978 (being Laws 1975, Chapter 329, Section 1, as amended) is amended to read: "77-14-36. IMPOUNDMENT OF TRESPASS LIVESTOCK.-- A. Any livestock found to be in trespass upon the lands of another or running at large upon any public highway that is fenced on both sides or running at large within the limits of any municipality, town or village, whether incorporated or not, or within a military reservation or enclave is subject to impoundment by an agent of the board. The place of impoundment shall be at the nearest or most convenient location from where the trespass occurred. B. Any livestock impounded under the provisions of this section shall be released to the owner or the owner's representative upon the payment by the owner of a fee set by regulation of the board not to exceed amounts prescribed by law for impounding. C. The board shall designate a custodian and a place of impoundment and allow a reasonable fee to be charged by the custodian of the impounded livestock; provided that in case of a controversy as to what constitutes a reasonable charge, the board shall set the amount of the charge. D. This section shall not be construed to affect the obligation of a property owner of meeting the requirements of Section 77-16-1 NMSA 1978 for fencing against such trespasses. E. Any cost charged against trespass livestock will be a lien on the livestock. If the owner does not pay the charges and reclaim possession of the livestock within five days after receipt of notification by the owner, the livestock shall be considered

unclaimed estrays and may be disposed of in accordance with the provisions of Section 77-13-5 NMSA 1978." Chapter 45 Section 11 Laws 2023 SECTION 11. Section 77-18-2 NMSA 1978 (being Laws 1987, Chapter 151, Section 1, as amended) is amended to read: "77-18-2. SEIZURE AND DISPOSITION OF CRUELLY TREATED LIVESTOCK.- - A. If a livestock inspector or other peace officer has reason to believe that livestock are being cruelly treated, the inspector or peace officer may apply to a court in the county where the livestock are located for a warrant to seize the allegedly cruelly treated livestock. B. On a showing of probable cause to believe that the livestock are being cruelly treated, the court shall issue a warrant for the seizure of the livestock and set the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state. Seizure as authorized by this section shall be restricted to only those livestock allegedly being cruelly treated. The board by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock. C. If criminal charges are filed against the owner, the court shall, upon proper petition, proceed to determine if security is required to be posted pursuant to Section 30-18-1.2 NMSA 1978. Otherwise, the judge or magistrate executing the warrant shall notify the board, have the livestock impounded and give written notice to the owner of the livestock of the time and place of a hearing to determine disposition of the livestock. All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing. D. For livestock that is not an equine: (1) if the court finds that the owner has cruelly treated the livestock, the court shall order the sale of the livestock at fair market value or order humane destruction; provided that if the livestock are ordered sold, the sale shall occur within ten days of the order; and further provided that if the court does not find that the owner has cruelly treated the livestock, the court shall order the livestock returned to the owner; (2) if the court orders the sale of the livestock, the board shall take proper action to ensure that the livestock are sold at fair market value, including acceptance of reasonable bids or sale at auction; provided that a bid by the owner of the livestock or the owner's representative shall not be accepted; and (3) proceeds from the sale of the livestock shall be forwarded to the court ordering the sale; provided that from these proceeds, the court shall pay all

expenses incurred in caring for the livestock while they were impounded and any expenses involved in their sale; and further provided that any excess proceeds of the sale shall be forwarded to the former owner; and further provided that if the expenses incurred in caring for and selling the livestock exceed the amount received from the sale, the court shall order the former owner to pay the additional cost. E. For livestock that is an equine: (1) if the court finds that the owner has cruelly treated the equine, the court shall give a registered equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded; provided that: (a) the board shall provide a bill of sale to the registered equine rescue or retirement facility that purchases the equine; and (b) the bill of sale shall be legal evidence of the ownership of the equine by the registered equine rescue or retirement facility and shall be legal title to the equine; (2) if the court finds that the owner has cruelly treated the equine and a registered equine rescue or retirement facility has been given the right of first refusal but the registered equine rescue or retirement facility is unable or unwilling to purchase the equine: (a) the board shall auction the equine through a sealed-bid process administered by the board and established by rule; (b) any proceeds from the sale less expenses incurred in caring for the equine while the equine was impounded shall be forwarded to the former owner; (c) if the expenses incurred in caring for the equine exceed the proceeds from the sale, the court shall order the former owner to pay the additional costs; and (d) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian; and (3) if the court does not find that the owner cruelly treated the equine, the court shall order the equine returned to the owner."

Chapter 45 Section 12 Laws 2023 SECTION 12. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 46 Senate Bill 335, w/ec Approved March 30, 2023 AN ACT RELATING TO ELECTIONS; DELAYING UNTIL 2025 THE IMPLEMENTATION OF THE LOCAL ELECTION ACT AS APPLIED TO DISTRICTS CREATED PURSUANT TO THE CONSERVANCY ACT OF NEW MEXICO; PROVIDING REQUIREMENTS FOR THE CONDUCT OF DISTRICT ELECTIONS IN 2023; DECLARING AN EMERGENCY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 46 Section 1 Laws 2023 SECTION 1. TEMPORARY PROVISION--DISTRICTS CREATED PURSUANT TO THE CONSERVANCY ACT OF NEW MEXICO--CONDUCT OF 2023 ELECTION.-- A. Notwithstanding the provisions of The Conservancy Act of New Mexico that provide for district elections to be conducted pursuant to the Local Election Act, a district organized pursuant to that act shall conduct its 2023 election in accordance with the provisions of this section and election procedures adopted by the district's board of directors. In 2025, a district shall conduct its election pursuant to the Local Election Act. The secretary of state shall work with the districts to identify barriers, provide recommendations and coordinate efforts to ensure each district's participation in the regular local election of 2025. B. A district's board of directors shall select an election director to provide election services. The election director shall operate pursuant to a contract, which may be approved by the secretary of state upon request of the board of directors. C. The 2023 election may be conducted by emergency paper ballot, electronic voting machine or any other state-certified tabulating voting machine. D. For the middle Rio Grande conservancy district, the 2023 election shall be held on October 3, 2023. For any other district, the 2023 election shall be held on a date determined by the district's board of directors that is: (1) before the first Tuesday in October 2023; or

(2) the later of: (a) forty-five days after the adjournment of the state or county canvassing board for the 2023 regular local election; or (b) forty-five days after any recount, contest or other judicial inquiry regarding the 2023 regular local election. E. As used in this section, "district" means a district organized pursuant to The Conservancy Act of New Mexico. Chapter 46 Section 2 Laws 2023 SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately. LAWS 2023, CHAPTER 47 SJC/Senate Bill 368 Approved March 30, 2023 AN ACT RELATING TO LAW ENFORCEMENT; PROVIDING EXCEPTIONS IN CERTAIN SITUATIONS TO THE REQUIREMENT THAT LAW ENFORCEMENT USE BODY- WORN CAMERAS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 47 Section 1 Laws 2023 SECTION 1. Section 29-1-18 NMSA 1978 (being Laws 2020 (1st S.S.), Chapter 7, Section 1) is amended to read: "29-1-18. REQUIRING CERTAIN LAW ENFORCEMENT AGENCIES TO USE BODY-WORN CAMERAS WHILE ON DUTY--EXCEPTIONS--ADOPTION OF POLICIES AND PROCEDURES GOVERNING USE.-- A. A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty, except as provided in Subsection B of this section. Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

(1) requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public; (2) prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter; (3) requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and (4) establishing disciplinary rules for peace officers who: (a) fail to operate a body-worn camera in accordance with law enforcement agency policies; (b) intentionally manipulate a body-worn camera recording; or (c) prematurely erase a body-worn camera recording in violation of law enforcement agency policies. B. The provisions of Subsection A of this section shall not apply when a peace officer: (1) conducts an undercover operation sanctioned by a law enforcement agency; or (2) conducts an explosive recovery and disposal operation to render safe or disassemble an explosive or incendiary device and materials. C. Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence. D. As used in this section: (1) "body-worn camera" means an electronic device worn on a person's body that records both audio and video data; (2) "law enforcement agency" means the police department of a municipality, the sheriff's office of a county, the New Mexico state police or the department of public safety; (3) "peace officer" means any full-time salaried or certified part-time salaried officer who by virtue of office or public employment is vested by law with the duty to maintain the public peace; and

(4) "undercover operation" means an operation that: (a) is conducted by one or more law enforcement agencies that is focused on a suspect or suspects who are the target of an ongoing criminal investigation; (b) involves one or more covert operatives whose identities are concealed and kept confidential; and (c) is designed to either obtain information about criminal activity of individuals or organizations through the development of ongoing relationships with individuals or organizations or to effect an arrest." LAWS 2023, CHAPTER 48 Senate Bill 397, aa Approved March 30, 2023 AN ACT RELATING TO HEALTH; ENACTING A NEW SECTION OF THE PUBLIC HEALTH ACT TO CREATE AND OPERATE SCHOOL-BASED HEALTH CENTERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 48 Section 1 Laws 2023 SECTION 1. A new section of the Public Health Act is enacted to read: "SCHOOL-BASED HEALTH CENTERS--CREATION AND OPERATION.-- A. The department shall provide funding, technical assistance, clinical oversight and other necessary support for the creation and operation of school-based health centers. B. School-based health centers receiving funding from the department shall be regulated by the department to provide services pursuant to Subsection E of this section. C. School-based health centers shall be established in schools, within the boundaries of school campuses or within safe walking distances from school campuses as determined by the school and the school-based health center operator, in communities based on: (1) need for services;

(2) operator availability; and (3) support from local educational authorities. D. School-based health centers shall work in cooperation with schools and school districts and be operated by licensed health care providers, including hospitals, federally qualified health centers, the department's public health nurses and other qualified health care providers. E. School-based health centers shall provide services through licensed providers, including: (1) primary health care; (2) preventive health care, including comprehensive health assessments and diagnosis; (3) treatment of minor, acute and chronic conditions; (4) mental health care; (5) substance use disorder assessments, treatment and referral; (6) crisis intervention; or (7) referrals as necessary for additional treatment, including inpatient care, specialty care, emergency psychiatric care, oral health care and vision health care services. F. The department shall adopt and promulgate rules for the regulation, operation and oversight of school-based health centers receiving funding from the department. G. For purposes of this section: (1) "department" means the department of health; (2) "mental health care" means services related to emotional, psychological and social well-being; (3) "preventive health care" means services that include screenings, checkups and patient counseling to stop or slow the progression of illness, diseases and other health problems; and (4) "primary health care" means health care services that include providing preventive care, promoting wellness and treating common illnesses."

LAWS 2023, CHAPTER 49 SFC/SHPAC/Senate Bill 425, aa Approved March 30, 2023 AN ACT RELATING TO HEALTH; EXPANDING MEDICATION-ASSISTED TREATMENT PROGRAMS IN STATE CORRECTIONS FACILITIES; CREATING A FUND; MAKING AN APPROPRIATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO Chapter 49 Section 1 Laws 2023 SECTION 1. MEDICATION-ASSISTED TREATMENT FOR THE INCARCERATED PROGRAM FUND--CREATED.-- A. The "medication-assisted treatment for the incarcerated program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The human services department shall administer the fund, and money in the fund is appropriated to the human services department to assist all counties that operate correctional facilities to establish and operate medication-assisted treatment programs for people who are incarcerated in county correctional facilities. Disbursements from the fund shall be made by warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of human services. B. No later than December 1, 2023, the human services department shall promulgate rules for the operation of medication-assisted treatment programs in correctional facilities in consultation with the corrections department, county corrections administrators and providers who specialize in substance use disorder treatment and have experience working in corrections settings. C. Beginning October 1, 2023 and annually thereafter, the human services department and the corrections department shall report to the interim legislative health and human services committee and the legislative finance committee on the establishment and operation of medication-assisted treatment programs in correctional facilities. D. The corrections department shall: (1) expand and continue to operate currently existing medication- assisted treatment programs for people who are incarcerated in a state correctional facility;

(2) by December 31, 2025, establish and operate a medication- assisted treatment program to continue medication-assisted treatment for incarcerated people with a prescription who are booked into a state correctional facility; and (3) by the end of fiscal year 2026, offer medication-assisted treatment to all people who are incarcerated in state correctional facilities and in need of medication-assisted treatment. E. As used in this section: (1) "correctional facility" means a prison or other detention facility, whether operated by a government or private contractor, that is used for confinement of adult persons who are charged with or convicted of a violation of a law or an ordinance; and (2) "medication-assisted treatment" means the use of federal food and drug administration-approved prescription drugs for the treatment of substance use disorder. LAWS 2023, CHAPTER 50 HHHC/House Bill 53, aa Approved March 30, 2023 AN ACT RELATING TO HEALTH INSURANCE; UPDATING COVERAGE FOR INDIVIDUALS WITH DIABETES; REQUIRING CONSISTENT AND TIMELY DELIVERY OF MEDICALLY NECESSARY DIABETIC RESOURCES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 50 Section 1 Laws 2023 SECTION 1. Section 13-7-25 NMSA 1978 (being Laws 2020, Chapter 36, Section 1) is amended to read: "13-7-25. COVERAGE FOR INDIVIDUALS WITH DIABETES--INSULIN FOR DIABETES--COST-SHARING CAP.-- A. Group health care coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall cap the amount an insured is required to pay for a preferred formulary prescription insulin drug or a medically necessary alternative at an amount not to exceed a total of twenty-five dollars

($25.00) per thirty-day supply and shall provide coverage for individuals with diabetes as required by law for each health care insurer, including: (1) group health insurance policies, health care plans, certificates of health insurance and managed health care plans delivered or issued for delivery in New Mexico; (2) group health plans provided through a cooperative; (3) group health maintenance organization contracts delivered or issued for delivery in New Mexico; and (4) health benefit plans. B. As used in this section, "health care insurer" means a person who provides health insurance in this state, including a licensed insurance company, a licensed fraternal benefit society, a prepaid hospital or medical service plan, a health maintenance organization, a managed care organization, a nonprofit health care organization, a multiple-employer welfare arrangement or any other person providing a plan of health insurance subject to state regulation." Chapter 50 Section 2 Laws 2023 SECTION 2. Section 59A-22-41 NMSA 1978 (being Laws 1997, Chapter 7, Section 1 and Laws 1997, Chapter 255, Section 1, as amended) is amended to read: "59A-22-41. COVERAGE FOR INDIVIDUALS WITH DIABETES.-- A. Each individual and group health insurance policy, health care plan, certificate of health insurance and managed health care plan delivered or issued for delivery in this state shall provide coverage for individuals with insulin-using diabetes, with non-insulin-using diabetes and with elevated blood glucose levels induced by pregnancy. This coverage shall be a basic health care benefit and shall entitle each individual to the medically accepted standard of medical care for diabetes and benefits for diabetes treatment as well as diabetes supplies, and this coverage shall not be reduced or eliminated. B. Except as otherwise provided in this subsection, coverage for individuals with diabetes may be subject to deductibles and coinsurance consistent with those imposed on other benefits under the same policy, plan or certificate, as long as the annual deductibles or coinsurance for benefits are no greater than the annual deductibles or coinsurance established for similar benefits within a given policy. The amount an individual with diabetes is required to pay for a preferred formulary prescription insulin drug or a medically necessary alternative is an amount not to exceed a total of twenty-five dollars ($25.00) per thirty-day supply.

C. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled in health policies described in that subsection shall be entitled to the following equipment, supplies and appliances to treat diabetes: (1) blood glucose monitors, including those for individuals with disabilities, including the legally blind; (2) test strips for blood glucose monitors; (3) visual reading urine and ketone strips; (4) lancets and lancet devices; (5) insulin; (6) injection aids, including those adaptable to meet the needs of individuals with disabilities, including the legally blind; (7) syringes; (8) prescriptive oral agents for controlling blood sugar levels; (9) medically necessary podiatric appliances for prevention of feet complications associated with diabetes, including therapeutic molded or depth-inlay shoes, functional orthotics, custom molded inserts, replacement inserts, preventive devices and shoe modifications for prevention and treatment; and (10) glucagon emergency kits. D. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled in health policies described in that subsection shall be entitled to the following basic health care benefits: (1) diabetes self-management training that shall be provided by a certified, registered or licensed health care professional with recent education in diabetes management, which shall be limited to: (a) medically necessary visits upon the diagnosis of diabetes; (b) visits following a diagnosis from a health care practitioner that represents a significant change in the patient's symptoms or condition that warrants changes in the patient's self-management; and

(c) visits when re-education or refresher training is prescribed by a health care practitioner with prescribing authority; and (2) medical nutrition therapy related to diabetes management. E. When new or improved equipment, appliances, prescription drugs for the treatment of diabetes, insulin or supplies for the treatment of diabetes are approved by the federal food and drug administration, all individual or group health insurance policies as described in Subsection A of this section shall: (1) maintain an adequate formulary to provide those resources to individuals with diabetes; and (2) guarantee reimbursement or coverage for the equipment, appliances, prescription drug, insulin or supplies described in this subsection within the limits of the health care plan, policy or certificate. F. An insurer that requires a covered person to use a specific network provider or to purchase equipment, appliances, supplies or insulin or prescription drugs for the treatment or management of diabetes from a specific durable medical equipment supplier or other supplier as a condition of coverage, payment or reimbursement shall: (1) maintain an adequate network of durable medical equipment suppliers and other suppliers to provide covered persons with medically necessary diabetes resources, whether covered under the health policy's prescription drug or medical benefit; (2) have network contracts in place for the entire policy or plan period and shall not allow contracts with network providers, durable medical equipment suppliers and other suppliers to lapse or terminate without ensuring the availability of a replacement and continuity of care; provided that single-case agreements do not satisfy the requirements of Paragraph (1) of this subsection or this paragraph; (3) monitor network providers, durable medical equipment suppliers and other network suppliers to ensure that medically necessary equipment, appliances, supplies and insulin or other prescription drugs are being delivered to a covered person in a timely manner and when needed by the covered person; (4) guarantee reimbursement to a covered person within thirty days following receipt of a written demand from the covered person who pays out of pocket for necessary equipment, appliances, supplies and insulin or other prescription drugs described in this section that are not delivered timely to the covered person, and the portion of payment for which the patient is responsible shall not exceed the amount for the same covered benefit obtained from a contracted supplier;

(5) pay interest at the rate of eighteen percent per year on the amount of reimbursement due to a covered person if not paid within thirty days as required by Paragraph (4) of this subsection; (6) beginning on April 1, 2024, submit a written report each quarter to the superintendent for the previous quarter on the following metrics: (a) the number of written demands for reimbursement of out-of- pocket expenses from covered persons received by the health care insurer; (b) the number of out-of-pocket claims for reimbursement paid and the aggregate amount of claims reimbursed by the health care insurer within the time required by Paragraph (4) of this subsection; (c) the number of out-of-pocket claims for reimbursement paid more than thirty days following receipt of a written demand and the aggregate amount of these payments, excluding interest; and (d) the aggregate amount of interest paid by the health care insurer pursuant to Paragraph (5) of this subsection; and (7) beginning on April 1, 2024, submit a written report each quarter for the previous quarter to the superintendent with the following information for each durable medical equipment supplier or other supplier that was under contract with the health care insurer or its agent during the previous quarter: (a) the name, address and telephone number of each supplier and, if applicable, the corresponding date upon which the respective supplier's contract expired, lapsed or was terminated during the previous quarter; (b) the percentage of total deliveries, by description of item, that did not meet the delivery requirements specified in Paragraph (3) of this subsection; and (c) the number of complaints received by the health care insurer or its agent during the previous quarter related to late deliveries, incomplete orders or incorrect orders, respectively. G. The superintendent shall annually audit all health insurers offering policies, plans or certificates as described in Subsection A of this section for compliance with the requirements of this section. If the superintendent determines that a health care insurer has not complied with the requirements of this section, the superintendent shall impose corrective action or use any other enforcement mechanism available to the superintendent to obtain the health care insurer's compliance with this section. H. Absent a change in diagnosis or in a covered person's management or treatment of diabetes or its complications, a health care insurer shall not require more

than one prior authorization per policy period for any single drug or category of item enumerated in this section if prescribed as medically necessary by the covered person's health care practitioner. Changes in the prescribed dose of a drug; quantities of supplies needed to administer a prescribed drug; quantities of blood glucose self-testing equipment and supplies; or quantities of supplies needed to use or operate devices for which a covered person has received prior authorization during the policy year shall not be subject to additional prior authorization requirements in the same policy year if prescribed as medically necessary by the covered person's health care practitioner. Nothing in this subsection shall be construed to require payment for diabetes resources that are not covered benefits. I. The provisions of this section do not apply to short-term travel, accident- only or limited or specified disease policies. J. For purposes of this section: (1) "basic health care benefits": (a) means benefits for medically necessary services consisting of preventive care, emergency care, inpatient and outpatient hospital and physician care, diagnostic laboratory and diagnostic and therapeutic radiological services; and (b) does not include services for alcohol or drug abuse, dental or long-term rehabilitation treatment; and (2) "managed health care plan" means a health benefit plan offered by a health care insurer that provides for the delivery of comprehensive basic health care services and medically necessary services to individuals enrolled in the plan through its own employed health care providers or by contracting with selected or participating health care providers. A managed health care plan includes only those plans that provide comprehensive basic health care services to enrollees on a prepaid, capitated basis, including the following: (a) health maintenance organizations; (b) preferred provider organizations; (c) individual practice associations; (d) competitive medical plans; (e) exclusive provider organizations; (f) integrated delivery systems; (g) independent physician-provider organizations;

(h) physician hospital-provider organizations; and (i) managed care services organizations." Chapter 50 Section 3 Laws 2023 SECTION 3. A new section of Chapter 59A, Article 23 NMSA 1978 is enacted to read: "COVERAGE FOR INDIVIDUALS WITH DIABETES.-- A. Each group health insurance contract and blanket health insurance contract delivered or issued for delivery in this state shall provide coverage for individuals with diabetes who use insulin, individuals with diabetes who do not use insulin and with elevated blood glucose levels induced by pregnancy. This coverage shall be a basic health care benefit and shall entitle each individual to the medically accepted standard of medical care for diabetes and benefits for diabetes treatment as well as diabetes supplies, and this coverage shall not be reduced or eliminated. B. Except as otherwise provided in this subsection, coverage for individuals with diabetes may be subject to deductibles and coinsurance consistent with those imposed on other benefits under the same policy, as long as the annual deductibles or coinsurance for benefits are no greater than the annual deductibles or coinsurance established for similar benefits within a given policy. The amount an individual with diabetes is required to pay for a preferred formulary prescription insulin drug or a medically necessary alternative is an amount not to exceed a total of twenty-five dollars ($25.00) per thirty-day supply. C. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled in health policies described in that subsection shall be entitled to the following equipment, supplies and appliances to treat diabetes: (1) blood glucose monitors, including those for persons with disabilities, including the legally blind; (2) test strips for blood glucose monitors; (3) visual reading urine and ketone strips; (4) lancets and lancet devices; (5) insulin; (6) injection aids, including those adaptable to meet the needs of persons with disabilities, including the legally blind;

(7) syringes; (8) prescriptive oral agents for controlling blood sugar levels; (9) medically necessary podiatric appliances for prevention of feet complications associated with diabetes, including therapeutic molded or depth-inlay shoes, functional orthotics, custom molded inserts, replacement inserts, preventive devices and shoe modifications for prevention and treatment; and (10) glucagon emergency kits. D. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled in health policies described in that subsection shall be entitled to the following basic health care benefits: (1) diabetes self-management training that shall be provided by a certified, registered or licensed health care professional with recent education in diabetes management, which shall be limited to: (a) medically necessary visits upon the diagnosis of diabetes; (b) visits following a diagnosis from a health care practitioner that represents a significant change in the patient's symptoms or condition that warrants changes in the patient's self-management; and (c) visits when re-education or refresher training is prescribed by a health care practitioner with prescribing authority; and (2) medical nutrition therapy related to diabetes management. E. When new or improved equipment, appliances, prescription drugs for the treatment of diabetes, insulin or supplies for the treatment of diabetes are approved by the federal food and drug administration, all individual or group health insurance policies as described in Subsection A of this section shall: (1) maintain an adequate formulary to provide those resources to individuals with diabetes; and (2) guarantee reimbursement or coverage for the equipment, appliances, prescription drugs, insulin or supplies described in this subsection within the limits of the health care plan, policy or certificate. F. An insurer that requires a covered person to use a specific network provider or to purchase equipment, appliances, supplies or insulin or prescription drugs

for the treatment or management of diabetes from a specific durable medical equipment supplier or other supplier as a condition of coverage, payment or reimbursement shall: (1) maintain an adequate network of durable medical equipment suppliers and other suppliers to provide covered persons with medically necessary diabetes resources whether covered under the health policy's prescription drug or medical benefit; (2) have network contracts in place for the entire policy or plan period and shall not allow contracts with network providers, durable medical equipment suppliers and other suppliers to lapse or terminate without ensuring the availability of a replacement and continuity of care; provided that single-case agreements do not satisfy the requirements of Paragraph (1) of this subsection or this paragraph; (3) monitor network providers, durable medical equipment suppliers and other network suppliers to ensure that medically necessary equipment, appliances, supplies and insulin or other prescription drugs are being delivered to a covered person in a timely manner and when needed by the covered person; (4) guarantee reimbursement to a covered person within thirty days following receipt of a written demand from the covered person who pays out of pocket for necessary equipment, appliances, supplies and insulin or other prescription drugs described in this section that are not delivered in a timely manner to the covered person and the portion of payment for which the patient is responsible shall not exceed the amount for the same covered benefit obtained from a contracted supplier; (5) pay interest at the rate of eighteen percent per year on the amount of reimbursement due to a covered person if not paid within thirty days as required by Paragraph (4) of this subsection; (6) beginning on April 1, 2024, submit a written report each quarter to the superintendent for the previous quarter on the following metrics: (a) the number of written demands for reimbursement of out-of- pocket expenses from covered persons received by the health care insurer; (b) the number of out-of-pocket claims for reimbursement paid and the aggregate amount of claims reimbursed by the health care insurer within the time required by Paragraph (4) of this subsection; (c) the number of out-of-pocket claims for reimbursement paid more than thirty days following receipt of a written demand and the aggregate amount of these payments, excluding interest; and (d) the aggregate amount of interest paid by the health care insurer pursuant to Paragraph (5) of this subsection; and

(7) beginning on April 1, 2024, submit a written report each quarter for the previous quarter to the superintendent with the following information for each durable medical equipment supplier or other supplier that was under contract with the health care insurer or its agent during the previous quarter: (a) the name, address and telephone number of each supplier and, if applicable, the corresponding date upon which the respective supplier's contract expired, lapsed or was terminated during the previous quarter; (b) the percentage of total deliveries, by description of item, that did not meet the delivery requirements specified in Paragraph (3) of this subsection; and (c) the number of complaints received by the health care insurer or its agent during the previous quarter related to late deliveries, incomplete orders or incorrect orders, respectively. G. The superintendent shall annually audit all health insurers offering policies, plans or certificates as described in Subsection A of this section for compliance with the requirements of this section. If the superintendent determines that a health care insurer has not complied with the requirements of this section, the superintendent shall impose corrective action or use any other enforcement mechanism available to the superintendent to obtain the health care insurer's compliance with this section. H. Absent a change in diagnosis or in a covered person's management or treatment of diabetes or its complications, a health care insurer shall not require more than one prior authorization per policy period for any single drug or category of item enumerated in this section if prescribed as medically necessary by the covered person's health care practitioner. Changes in the prescribed dose of a drug; quantities of supplies needed to administer a prescribed drug; quantities of blood glucose self-testing equipment and supplies; or quantities of supplies needed to use or operate devices for which a covered person has received prior authorization during the policy year shall not be subject to additional prior authorization requirements in the same policy year if prescribed as medically necessary by the covered person's health care practitioner. Nothing in this subsection shall be construed to require payment for diabetes resources that are not covered benefits. I. The provisions of this section do not apply to short-term travel, accident- only or limited or specified disease policies. J. For purposes of this section, "basic health care benefits": (1) means benefits for medically necessary services consisting of preventive care, emergency care, inpatient and outpatient hospital and physician care, diagnostic laboratory and diagnostic and therapeutic radiological services; and

(2) does not include services for alcohol or drug abuse, dental or long- term rehabilitation treatment." Chapter 50 Section 4 Laws 2023 SECTION 4. Section 59A-46-43 NMSA 1978 (being Laws 1997, Chapter 7, Section 3 and Laws 1997, Chapter 255, Section 3, as amended) is amended to read: "59A-46-43. COVERAGE FOR INDIVIDUALS WITH DIABETES.-- A. Each individual and group health maintenance organization contract delivered or issued for delivery in this state shall provide coverage for individuals with insulin-using diabetes, with non-insulin-using diabetes and with elevated blood glucose levels induced by pregnancy. This coverage shall be a basic health care service and shall entitle each individual to the medically accepted standard of medical care for diabetes and benefits for diabetes treatment as well as diabetes supplies, and this coverage shall not be reduced or eliminated. B. Except as provided in this subsection, coverage for individuals with diabetes may be subject to deductibles and coinsurance consistent with those imposed on other benefits under the same contract, as long as the annual deductibles or coinsurance for benefits are no greater than the annual deductibles or coinsurance established for similar benefits within a given contract. The amount an individual with diabetes is required to pay for a preferred formulary prescription insulin drug or a medically necessary alternative is an amount not to exceed a total of twenty-five dollars ($25.00) per thirty-day supply. C. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled under an individual or group health maintenance organization contract shall be entitled to the following equipment, supplies and appliances to treat diabetes: (1) blood glucose monitors, including those for individuals with disabilities, including the legally blind; (2) test strips for blood glucose monitors; (3) visual reading urine and ketone strips; (4) lancets and lancet devices; (5) insulin; (6) injection aids, including those adaptable to meet the needs of individuals with disabilities, including the legally blind;

(7) syringes; (8) prescriptive oral agents for controlling blood sugar levels; (9) medically necessary podiatric appliances for prevention of feet complications associated with diabetes, including therapeutic molded or depth-inlay shoes, functional orthotics, custom molded inserts, replacement inserts, preventive devices and shoe modifications for prevention and treatment; and (10) glucagon emergency kits. D. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled under an individual or group health maintenance contract shall be entitled to the following basic health care services: (1) diabetes self-management training that shall be provided by a certified, registered or licensed health care professional with recent education in diabetes management, which shall be limited to: (a) medically necessary visits upon the diagnosis of diabetes; (b) visits following a diagnosis from a health care practitioner that represents a significant change in the patient's symptoms or condition that warrants changes in the patient's self-management; and (c) visits when re-education or refresher training is prescribed by a health care practitioner with prescribing authority; and (2) medical nutrition therapy related to diabetes management. E. When new or improved equipment, appliances, prescription drugs for the treatment of diabetes, insulin or supplies for the treatment of diabetes are approved by the federal food and drug administration, each individual or group health maintenance organization contract shall: (1) maintain an adequate formulary to provide these resources to individuals with diabetes; and (2) guarantee reimbursement or coverage for the equipment, appliances, prescription drug, insulin or supplies described in this subsection within the limits of the health care plan, policy or certificate. F. A health maintenance organization that requires an enrollee to use a specific network provider or to purchase equipment, appliances, supplies or insulin or prescription drugs for the treatment or management of diabetes from a specific durable

medical equipment supplier or other supplier as a condition of coverage, payment or reimbursement shall: (1) maintain an adequate network of durable medical equipment suppliers and other suppliers to provide covered persons with medically necessary diabetes resources whether covered under the health maintenance organization contract's prescription drug or medical benefit; (2) have network contracts in place for the entire contract period and shall not allow contracts with network providers, durable medical equipment suppliers and other suppliers to lapse or terminate without ensuring the availability of a replacement and continuity of care; provided that single-case agreements do not satisfy the requirements of Paragraph (1) of this subsection or this paragraph; (3) monitor network providers, durable medical equipment suppliers and other network suppliers to ensure that medically necessary equipment, appliances, supplies and insulin or other prescription drugs are being delivered to an enrollee in a timely manner and when needed by the enrollee; (4) guarantee reimbursement to an enrollee within thirty days following receipt of a written demand from the enrollee who pays out of pocket for necessary equipment, appliances, supplies and insulin or other prescription drugs described in this section that are not delivered timely to the enrollee and the portion of payment for which the patient is responsible shall not exceed the amount for the same covered benefit obtained from a contracted supplier; (5) pay interest at the rate of eighteen percent per year on the amount of reimbursement due to an enrollee if not paid within thirty days as required by Paragraph (4) of this subsection; (6) beginning on April 1, 2024, submit a written report each quarter to the superintendent for the previous quarter on the following metrics: (a) the number of written demands for reimbursement of out-of- pocket expenses from enrollees received by the health maintenance organization; (b) the number of out-of-pocket claims for reimbursement paid and the aggregate amount of claims reimbursed by the health maintenance organization within the time required by Paragraph (4) of this subsection; (c) the number of out-of-pocket claims for reimbursement paid more than thirty days following receipt of a written demand and the aggregate amount of these payments, excluding interest; and (d) the aggregate amount of interest paid by the health maintenance organization pursuant to Paragraph (5) of this subsection; and

(7) beginning on April 1, 2024, submit a written report each quarter for the previous quarter to the superintendent with the following information for each durable medical equipment supplier or other supplier that was under contract with the health maintenance organization or its agent during the previous quarter: (a) the name, address and telephone number of each supplier and, if applicable, the corresponding date upon which the respective supplier's contract expired, lapsed or was terminated during the previous quarter; (b) the percentage of total deliveries, by description of item, that did not meet the delivery requirements specified in Paragraph (3) of this subsection; and (c) the number of complaints received by the health maintenance organization or its agent during the previous quarter related to late deliveries, incomplete orders or incorrect orders, respectively. G. The superintendent shall annually audit all health maintenance organizations offering contracts as described in Subsection A of this section for compliance with the requirements of this section. If the superintendent determines that a health maintenance organization has not complied with the requirements of this section, the superintendent shall impose corrective action or use any other enforcement mechanism available to the superintendent to obtain the health maintenance organization's compliance with this section. H. Absent a change in diagnosis or in an enrollee's management or treatment of diabetes or its complications, a health maintenance organization shall not require more than one prior authorization per policy period for any single drug or category of item enumerated in this section if prescribed as medically necessary by the enrollee's health care practitioner. Changes in the prescribed dose of a drug; quantities of supplies needed to administer a prescribed drug; quantities of blood glucose self-testing equipment and supplies; or quantities of supplies needed to use or operate devices for which an enrollee has received prior authorization during the policy year shall not be subject to additional prior authorization requirements in the same policy year if prescribed as medically necessary by the enrollee's health care practitioner. Nothing in this subsection shall be construed to require payment for diabetes resources that are not a covered benefit. I. The provisions of this section do not apply to short-term travel, accident- only or limited or specified disease policies. J. For purposes of this section, "basic health care benefits": (1) means benefits for medically necessary services consisting of preventive care, emergency care, inpatient and outpatient hospital and physician care, diagnostic laboratory and diagnostic and therapeutic radiological services; and

(2) does not include services for alcohol or drug abuse, dental or long- term rehabilitation treatment." Chapter 50 Section 5 Laws 2023 SECTION 5. A new section of the Nonprofit Health Care Plan Law is enacted to read: "COVERAGE FOR INDIVIDUALS WITH DIABETES.-- A. Each health care plan delivered or issued for delivery in this state shall provide coverage for individuals with diabetes who use insulin, individuals with diabetes who do not use insulin and with elevated blood glucose levels induced by pregnancy. This coverage shall be a basic health care benefit and shall entitle each individual to the medically accepted standard of medical care for diabetes and benefits for diabetes treatment as well as diabetes supplies, and this coverage shall not be reduced or eliminated. B. Except as otherwise provided in this subsection, coverage for individuals with diabetes may be subject to deductibles and coinsurance consistent with those imposed on other benefits under the same plan as long as the annual deductibles or coinsurance for benefits are no greater than the annual deductibles or coinsurance established for similar benefits within a given plan. The amount an individual with diabetes is required to pay for a preferred formulary prescription insulin drug or a medically necessary alternative is an amount not to exceed a total of twenty-five dollars ($25.00) per thirty-day supply. C. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled in health care plans described in that subsection shall be entitled to the following equipment, supplies and appliances to treat diabetes: (1) blood glucose monitors, including those for persons with disabilities, including the legally blind; (2) test strips for blood glucose monitors; (3) visual reading urine and ketone strips; (4) lancets and lancet devices; (5) insulin; (6) injection aids, including those adaptable to meet the needs of persons with disabilities, including the legally blind;

(7) syringes; (8) prescriptive oral agents for controlling blood sugar levels; (9) medically necessary podiatric appliances for prevention of feet complications associated with diabetes, including therapeutic molded or depth-inlay shoes, functional orthotics, custom molded inserts, replacement inserts, preventive devices and shoe modifications for prevention and treatment; and (10) glucagon emergency kits. D. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled in health care plans described in that subsection shall be entitled to the following basic health care benefits: (1) diabetes self-management training that shall be provided by a certified, registered or licensed health care professional with recent education in diabetes management, which shall be limited to: (a) medically necessary visits upon the diagnosis of diabetes; (b) visits following a diagnosis from a health care practitioner that represents a significant change in the patient's symptoms or condition that warrants changes in the patient's self-management; and (c) visits when re-education or refresher training is prescribed by a health care practitioner with prescribing authority; and (2) medical nutrition therapy related to diabetes management. E. When new or improved equipment, appliances, prescription drugs for the treatment of diabetes, insulin or supplies for the treatment of diabetes are approved by the federal food and drug administration, all health care plans as described in Subsection A of this section shall: (1) maintain an adequate formulary to provide those resources to individuals with diabetes; and (2) guarantee reimbursement or coverage for the equipment, appliances, prescription drugs, insulin or supplies described in this subsection within the limits of the health care plan. F. A health care plan that requires a subscriber to use a specific network provider or to purchase equipment, appliances, supplies or insulin or prescription drugs

for the treatment or management of diabetes from a specific durable medical equipment supplier or other supplier as a condition of coverage, payment or reimbursement shall: (1) maintain an adequate network of durable medical equipment suppliers and other suppliers to provide subscribers with medically necessary diabetes resources whether covered under the health care plan's prescription drug or medical benefit; (2) have network contracts in place for the entire plan period and shall not allow contracts with network providers, durable medical equipment suppliers and other suppliers to lapse or terminate without ensuring the availability of a replacement and continuity of care; provided that single-case agreements do not satisfy the requirements of Paragraph (1) of this subsection or this paragraph; (3) monitor network providers, durable medical equipment suppliers and other network suppliers to ensure that medically necessary equipment, appliances, supplies and insulin or other prescription drugs are being delivered to a subscriber in a timely manner and when needed by the subscriber; (4) guarantee reimbursement to a subscriber within thirty days following receipt of a written demand from the subscriber who pays out of pocket for necessary equipment, appliances, supplies and insulin or other prescription drugs described in this section that are not delivered timely to the subscriber and the portion of payment for which the patient is responsible shall not exceed the amount for the same covered benefit obtained from a contracted supplier; (5) pay interest at the rate of eighteen percent per year on the amount of reimbursement due to a subscriber if not paid within thirty days as required by Paragraph (4) of this subsection; (6) beginning on April 1, 2024, submit a written report each quarter to the superintendent for the previous quarter on the following metrics: (a) the number of written demands for reimbursement of out-of- pocket expenses from subscribers received by the health care plan; (b) the number of out-of-pocket claims for reimbursement paid and the aggregate amount of claims reimbursed by the health care plan within the time required by Paragraph (4) of this subsection; (c) the number of out-of-pocket claims for reimbursement paid more than thirty days following receipt of a written demand and the aggregate amount of these payments, excluding interest; and (d) the aggregate amount of interest paid by the health care plan pursuant to Paragraph (5) of this subsection; and

(7) beginning on April 1, 2024, submit a written report each quarter for the previous quarter to the superintendent with the following information for each durable medical equipment supplier or other supplier that was under contract with the health care plan or its agent during the previous quarter: (a) the name, address and telephone number of each supplier and, if applicable, the corresponding date upon which the respective supplier's contract expired, lapsed or was terminated during the previous quarter; (b) the percentage of total deliveries, by description of item, that did not meet the delivery requirements specified in Paragraph (3) of this subsection; and (c) the number of complaints received by the health care plan or its agent during the previous quarter related to late deliveries, incomplete orders or incorrect orders, respectively. G. The superintendent shall annually audit all health care plans as described in Subsection A of this section for compliance with the requirements of this section. If the superintendent determines that a health care plan has not complied with the requirements of this section, the superintendent shall impose corrective action or use any other enforcement mechanism available to the superintendent to obtain the health care plan's compliance with this section. H. Absent a change in diagnosis or in a subscriber's management or treatment of diabetes or its complications, a health care plan shall not require more than one prior authorization per plan period for any single drug or category of item enumerated in this section if prescribed as medically necessary by the subscriber's health care practitioner. Changes in the prescribed dose of a drug; quantities of supplies needed to administer a prescribed drug; quantities of blood glucose self-testing equipment and supplies; or quantities of supplies needed to use or operate devices for which a subscriber has received prior authorization during the plan year shall not be subject to additional prior authorization requirements in the same plan year if prescribed as medically necessary by the subscriber's health care practitioner. Nothing in this subsection shall be construed to require payment for diabetes resources that are not covered benefits. I. The provisions of this section do not apply to: (1) a short-term health care plan; (2) an excepted benefit health care plan intended to supplement major medical coverage, including medicare supplement, vision, dental, disease-specific, accident-only or hospital indemnity-only insurance policies; (3) a policy or plan for long-term care or disability income; or

(4) short-term travel policy or plan. J. For purposes of this section, "basic health care benefits": (1) means benefits for medically necessary services consisting of preventive care, emergency care, inpatient and outpatient hospital and physician care, diagnostic laboratory and diagnostic and therapeutic radiological services; and (2) does not include services for alcohol or drug abuse, dental or long- term rehabilitation treatment." Chapter 50 Section 6 Laws 2023 SECTION 6. TEMPORARY PROVISION--DIABETES COVERAGE WORK GROUP.-- A. By October 1, 2023, the office of superintendent of insurance shall convene a diabetes insurance coverage work group composed of: (1) a representative of the office who shall serve as the chairperson of the working group; (2) a representative of the New Mexico health insurance exchange who is not an employee or board member of a health insurance issuer or qualified health plan; (3) a representative of a qualified health plan that offers a health benefit plan on the New Mexico health insurance exchange; (4) a representative of a diabetes advisory council that represents individuals and groups across New Mexico that are trying to reduce the burden of diabetes on individuals, families, communities, the health care system and the state; (5) a representative of a New Mexico podiatric and medical association with expertise in the treatment and management of diabetes and its complications; (6) a representative of a New Mexico medical society with expertise in the treatment and management of diabetes and its complications; (7) a physician specializing in the treatment and management of diabetes and its complications who is affiliated with a New Mexico medical school; (8) a representative of the university of New Mexico health sciences center with expertise in the treatment and management of diabetes and its complications;

(9) a representative of a New Mexico advanced practice nurses' association with expertise in the treatment and management of diabetes and its complications; (10) a person diagnosed with type 1 diabetes or family member of a person diagnosed with type 1 diabetes; (11) a person diagnosed with type 2 diabetes or family member of a person diagnosed with type 2 diabetes; (12) an advocate for populations disproportionately impacted by diabetes; and (13) a representative of the risk management division of the general services department with expertise in health care insurance and finance. B. By August 1, 2024, the work group shall report to the interim legislative health and human services committee regarding its findings and recommendations for expanding and updating New Mexico's essential health benefit benchmark plan to better address the needs of New Mexicans for services, equipment, supplies, appliances and drugs to treat and manage diabetes and its complications. Chapter 50 Section 7 Laws 2023 SECTION 7. APPLICABILITY.--The provisions of this act apply to self-insurance provided pursuant to the Health Care Purchasing Act, individual and group health insurance policies, health care plans, certificates of health insurance, managed health care plans, contracts of health insurance, group health plans provided through a cooperative, individual and group health maintenance organization contracts, health benefit plans and group health coverage that are offered, delivered or issued for delivery, renewed, extended or amended in New Mexico on or after January 1, 2024. LAWS 2023, CHAPTER 51 House Bill 75, aa Approved March 30, 2023 AN ACT RELATING TO HEALTH COVERAGE; ENACTING SECTIONS OF THE HEALTH CARE PURCHASING ACT, THE NEW MEXICO INSURANCE CODE, THE HEALTH MAINTENANCE ORGANIZATION LAW AND THE NONPROFIT HEALTH CARE PLAN LAW TO ESTABLISH LIMITS ON COST SHARING AND COINSURANCE FOR CHIROPRACTIC PHYSICIAN SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 51 Section 1 Laws 2023 SECTION 1. A new section of the Health Care Purchasing Act is enacted to read: "CHIROPRACTIC PHYSICIAN SERVICES--LIMITS ON COST SHARING AND COINSURANCE.-- A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers coverage of the services of a chiropractic physician shall not impose a copayment or coinsurance on those chiropractic physician services that exceeds the copayment or coinsurance imposed for primary care services. B. As used in this section, "primary care services" means the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiation of referrals for other health care services and maintenance of the continuity of care when appropriate." Chapter 51 Section 2 Laws 2023 SECTION 2. A new section of Chapter 59A, Article 22 NMSA 1978 is enacted to read: "CHIROPRACTIC PHYSICIAN SERVICES--LIMITS ON COST SHARING AND COINSURANCE.-- A. An individual or group health insurance policy, health care plan or certificate of health insurance that is delivered, issued for delivery or renewed in this state that offers coverage of the services of a chiropractic physician shall not impose a copayment or coinsurance on those chiropractic physician services that exceeds the copayment or coinsurance imposed for primary care services. B. As used in this section, "primary care services" means the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiation of referrals for other health care services and maintenance of the continuity of care when appropriate. C. The provisions of this section do not apply to short-term travel, accident- only or limited or specified-disease policies."

Chapter 51 Section 3 Laws 2023 SECTION 3. A new section of Chapter 59A, Article 23 NMSA 1978 is enacted to read: "CHIROPRACTIC PHYSICIAN SERVICES--LIMITS ON COST SHARING AND COINSURANCE.-- A. A group or blanket health insurance policy, health care plan or certificate of health insurance that is delivered, issued for delivery or renewed in this state that offers coverage of the services of a chiropractic physician shall not impose a copayment or coinsurance on those chiropractic physician services that exceeds the copayment or coinsurance imposed for primary care services. B. As used in this section, "primary care services" means the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiation of referrals for other health care services and maintenance of the continuity of care when appropriate. C. The provisions of this section do not apply to short-term travel, accident- only or limited or specified-disease policies." Chapter 51 Section 4 Laws 2023 SECTION 4. A new section of the Health Maintenance Organization Law is enacted to read: "CHIROPRACTIC PHYSICIAN SERVICES--LIMITS ON COST SHARING AND COINSURANCE.-- A. An individual or group health maintenance contract that is delivered, issued for delivery or renewed in this state that offers coverage of the services of a chiropractic physician shall not impose a copayment or coinsurance on those chiropractic physician services that exceeds the copayment or coinsurance imposed for primary care services. B. As used in this section, "primary care services" means the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiation of referrals for other health care services and maintenance of the continuity of care when appropriate. C. The provisions of this section do not apply to short-term travel, accident- only or limited or specified-disease policies."

Chapter 51 Section 5 Laws 2023 SECTION 5. A new section of the Nonprofit Health Care Plan Law is enacted to read: "CHIROPRACTIC PHYSICIAN SERVICES--LIMITS ON COST SHARING AND COINSURANCE.-- A. An individual or group health care plan that is delivered, issued for delivery or renewed in this state that offers coverage of the services of a chiropractic physician shall not impose a copayment or coinsurance on those chiropractic physician services that exceeds the copayment or coinsurance imposed for primary care services. B. As used in this section, "primary care services" means the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiation of referrals for other health care services and maintenance of the continuity of care when appropriate. C. The provisions of this section do not apply to short-term travel, accident- only or limited or specified-disease policies." Chapter 51 Section 6 Laws 2023 SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2024. LAWS 2023, CHAPTER 52 House Bill 78, aa Approved March 30, 2023 AN ACT RELATING TO TAXATION; REMOVING THE SUNSET DATE OF A DISTRIBUTION OF THE GROSS RECEIPTS TAX TO THE STATE AVIATION FUND; INCREASING ANOTHER DISTRIBUTION OF THE GROSS RECEIPTS TAX TO THE STATE AVIATION FUND. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 52 Section 1 Laws 2023 SECTION 1. Section 7-1-6.7 NMSA 1978 (being Laws 1994, Chapter 5, Section 2, as amended) is amended to read:

"7-1-6.7. DISTRIBUTIONS--STATE AVIATION FUND.-- A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state aviation fund in an amount equal to four and seventy-nine hundredths percent of the taxable gross receipts attributable to the sale of fuel specially prepared and sold for use in turboprop or jet-type engines as determined by the department. B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state aviation fund in an amount equal to twenty-six hundredths percent of gasoline taxes, exclusive of penalties and interest, collected pursuant to the Gasoline Tax Act. C. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state aviation fund in an amount equal to forty-six thousandths percent of the net receipts attributable to the gross receipts tax distributable to the general fund. D. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state aviation fund from the net receipts attributable to the gross receipts tax distributable to the general fund in an amount equal to five hundred thousand dollars ($500,000) monthly." Chapter 52 Section 2 Laws 2023 SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 53 House Bill 106, aa Approved March 30, 2023 AN ACT RELATING TO PUBLIC PENSIONS; INCREASING THE MAXIMUM AMOUNT OF PENSION THAT A MEMBER IS PERMITTED TO EARN PURSUANT TO THE PUBLIC EMPLOYEES RETIREMENT ACT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 53 Section 1 Laws 2023 SECTION 1. Section 10-11-26.3 NMSA 1978 (being Laws 1994, Chapter 128, Section 4, as amended) is amended to read: "10-11-26.3. STATE GENERAL MEMBER COVERAGE PLAN 3--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under state general member coverage plan 3:

A. for a member with age and service requirements provided under Paragraph (1) or (3) of Subsection A of Section 10-11-26.2 NMSA 1978, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by service credit. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Paragraph (2) of Subsection A of Section 10-11-26.2 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by service credit. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 2 Laws 2023 SECTION 2. Section 10-11-29 NMSA 1978 (being Laws 1987, Chapter 253, Section 29, as amended) is amended to read: "10-11-29. STATE POLICE MEMBER, CORRECTIONAL OFFICER MEMBER AND PROBATION AND PAROLE OFFICER MEMBER COVERAGE PLAN 1-- AMOUNT OF PENSION--FORM OF PAYMENT A.--Under state police member, correctional officer member and probation and parole officer member coverage plan 1, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 3 Laws 2023 SECTION 3. Section 10-11-38.3 NMSA 1978 (being Laws 1994, Chapter 128, Section 11, as amended) is amended to read: "10-11-38.3. JUVENILE CORRECTIONAL OFFICER MEMBER COVERAGE PLAN 2--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under juvenile correctional officer member coverage plan 2, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by service credit. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 4 Laws 2023 SECTION 4. Section 10-11-46 NMSA 1978 (being Laws 1987, Chapter 253, Section 46, as amended) is amended to read: "10-11-46. MUNICIPAL GENERAL MEMBER COVERAGE PLAN 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 1, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary."

Chapter 53 Section 5 Laws 2023 SECTION 5. Section 10-11-52 NMSA 1978 (being Laws 1987, Chapter 253, Section 52, as amended) is amended to read: "10-11-52. MUNICIPAL GENERAL MEMBER COVERAGE PLAN 2--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 2: A. for a member with age and service requirements provided in Subsection A of Section 10-11-51 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided in Subsection B of Section 10-11-51 NMSA 1978, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by service credit. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 6 Laws 2023 SECTION 6. Section 10-11-55.3 NMSA 1978 (being Laws 1993, Chapter 58, Section 3, as amended) is amended to read: "10-11-55.3. MUNICIPAL GENERAL MEMBER COVERAGE PLAN 3--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 3: A. for a member with age and service requirements provided under Subsection A of Section 10-11-55.2 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-55.2 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 7 Laws 2023 SECTION 7. Section 10-11-55.9 NMSA 1978 (being Laws 1998, Chapter 106, Section 3, as amended) is amended to read:

"10-11-55.9. MUNICIPAL GENERAL MEMBER COVERAGE PLAN 4--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 4: A. for a member with age and service requirements provided under Subsection A of Section 10-11-55.8 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-55.8 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 8 Laws 2023 SECTION 8. Section 10-11-58 NMSA 1978 (being Laws 1987, Chapter 253, Section 58, as amended) is amended to read: "10-11-58. MUNICIPAL POLICE MEMBER COVERAGE PLAN 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police member coverage plan 1, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 9 Laws 2023 SECTION 9. Section 10-11-64 NMSA 1978 (being Laws 1987, Chapter 253, Section 64, as amended) is amended to read: "10-11-64. MUNICIPAL POLICE MEMBER COVERAGE PLAN 2--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police member coverage plan 2: A. for a member with age and service requirements provided under Subsection A of Section 10-11-63 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-63 NMSA 1978, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary."

Chapter 53 Section 10 Laws 2023 SECTION 10. Section 10-11-70 NMSA 1978 (being Laws 1987, Chapter 253, Section 70, as amended) is amended to read: "10-11-70. MUNICIPAL POLICE MEMBER COVERAGE PLAN 3--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police member coverage plan 3: A. for a member with age and service requirements provided under Subsection A of Section 10-11-69 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-69 NMSA 1978, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 11 Laws 2023 SECTION 11. Section 10-11-76 NMSA 1978 (being Laws 1987, Chapter 253, Section 76, as amended) is amended to read: "10-11-76. MUNICIPAL POLICE MEMBER COVERAGE PLAN 4--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police member coverage plan 4: A. for a member with age and service requirements provided under Subsection A of Section 10-11-75 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-75 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 12 Laws 2023 SECTION 12. Section 10-11-82 NMSA 1978 (being Laws 1987, Chapter 253, Section 82, as amended) is amended to read: "10-11-82. MUNICIPAL POLICE MEMBER COVERAGE PLAN 5--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police member coverage plan 5:

A. for a member with age and service requirements provided under Subsection A of Section 10-11-81 NMSA 1978, the amount of pension under form of payment A is equal to three and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-81 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 13 Laws 2023 SECTION 13. Section 10-11-88 NMSA 1978 (being Laws 1987, Chapter 253, Section 88, as amended) is amended to read: "10-11-88. MUNICIPAL FIRE MEMBER COVERAGE PLAN 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal fire member coverage plan 1, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 14 Laws 2023 SECTION 14. Section 10-11-94 NMSA 1978 (being Laws 1987, Chapter 253, Section 94, as amended) is amended to read: "10-11-94. MUNICIPAL FIRE MEMBER COVERAGE PLAN 2--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal fire member coverage plan 2: A. for a member with age and service requirements provided under Subsection A of Section 10-11-93 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-93 NMSA 1978, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 15 Laws 2023 SECTION 15. Section 10-11-100 NMSA 1978 (being Laws 1987, Chapter 253, Section 100, as amended) is amended to read:

"10-11-100. MUNICIPAL FIRE MEMBER COVERAGE PLAN 3--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal fire member coverage plan 3: A. for a member with age and service requirements provided under Subsection A of Section 10-11-99 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-99 NMSA 1978, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 16 Laws 2023 SECTION 16. Section 10-11-106 NMSA 1978 (being Laws 1987, Chapter 253, Section 106, as amended) is amended to read: "10-11-106. MUNICIPAL FIRE MEMBER COVERAGE PLAN 4--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal fire member coverage plan 4: A. for a member with age and service requirements provided under Subsection A of Section 10-11-105 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-105 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 17 Laws 2023 SECTION 17. Section 10-11-112 NMSA 1978 (being Laws 1987, Chapter 253, Section 112, as amended) is amended to read: "10-11-112. MUNICIPAL FIRE MEMBER COVERAGE PLAN 5--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal fire member coverage plan 5: A. for a member with age and service requirements provided under Subsection A of Section 10-11-111 NMSA 1978, the amount of pension under form of payment A is equal to three and one-half percent of the final average salary multiplied

by credited service. The amount shall not exceed one hundred percent of the final average salary; and B. for a member with age and service requirements provided under Subsection B of Section 10-11-111 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 18 Laws 2023 SECTION 18. Section 10-11-115.3 NMSA 1978 (being Laws 2003, Chapter 268, Section 4, as amended) is amended to read: "10-11-115.3. MUNICIPAL DETENTION OFFICER MEMBER COVERAGE PLAN 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal detention officer member coverage plan 1, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary." Chapter 53 Section 19 Laws 2023 SECTION 19. APPLICABILITY.--The provisions of this act apply to credited service performed after the effective date of this act. Any credited service performed or amount of pension earned prior to the effective date of this act shall not be calculated or adjusted to conform to the provisions of this act. LAWS 2023, CHAPTER 54 HCEDC/House Bill 115, aa Approved March 30, 2023 AN ACT RELATING TO LICENSURE; AMENDING APPROVED EXAMINATION REQUIREMENTS FOR THE LICENSING OF NEW MEXICO HOME INSPECTORS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 54 Section 1 Laws 2023 SECTION 1. Section 61-24D-2 NMSA 1978 (being Laws 2019, Chapter 239, Section 2) is amended to read: "61-24D-2. DEFINITIONS.--As used in the Home Inspector Licensing Act:

A. "approved examination" means a national home inspector licensing examination that has been third-party accredited as complying with the prevailing standards of the Standards for Educational and Psychological Testing and assesses an applicant's knowledge of: (1) roofing; (2) exterior; (3) interior; (4) structure; (5) electrical; (6) plumbing; (7) heating and cooling; (8) insulation; (9) fireplace and chimney; and (10) ethical business practices, professional standards and reports; B. "board" means the New Mexico home inspectors board; C. "client" means a person or an agent of the person who, through a written pre-inspection agreement, engages the services of a home inspector for the purpose of obtaining a report on the condition of residential real property; D. "compensation" means the payment for home inspection services pursuant to the written pre-inspection agreement; E. "foreign home inspector" means a home inspector who does not hold a license but who holds a current and valid home inspector license issued by another jurisdiction in the United States; F. "home inspection" means a noninvasive, nondestructive examination by a person of the interior and exterior components of a residential real property, including the property's structural components, foundation and roof, for the purposes of providing a professional written opinion regarding the site aspects and condition of the property and its carports, garages and reasonably accessible installed components. "Home inspection" includes the examination of the property's heating, cooling, plumbing and electrical systems, including the operational condition of the systems' controls that are normally operated by a property owner;

G. "home inspector" means a person who performs home inspections for compensation; H. "license" means a home inspector license issued by the board in accordance with the Home Inspector Licensing Act; I. "licensee" means the holder of a license; J. "pre-inspection agreement" means the written agreement signed by the client and a home inspector by which a client engages the services of the home inspector and that sets forth at a minimum the following: (1) the amount of compensation due and payable to the home inspector for the home inspection and delivery of a report; (2) a list of all components and systems that will be inspected; and (3) the date by which the client will receive the report; K. "report" means a written opinion prepared by a home inspector pursuant to the terms of a pre-inspection agreement regarding the functional and physical condition of the residential real property as determined by a home inspection conducted by a home inspector; and L. "residential real property" means any real property or manufactured or modular home that is used for or intended to be used for residential purposes and that is a single-family dwelling, duplex, triplex, quadplex or unit, as "unit" is defined by the Condominium Act." Chapter 54 Section 2 Laws 2023 SECTION 2. Section 61-24D-3 NMSA 1978 (being Laws 2019, Chapter 239, Section 3, as amended) is amended to read: "61-24D-3. NEW MEXICO HOME INSPECTORS BOARD--CREATED-- POWERS AND DUTIES.-- A. The "New Mexico home inspectors board" is created and is administratively attached to the regulation and licensing department. B. The board shall consist of five members, appointed by the governor, who have been residents of the state for at least three consecutive years immediately prior to their appointment. Three members shall be home inspectors. One member shall be a real estate qualifying or associate broker licensed in accordance with Chapter 61, Article 29 NMSA 1978, and one member shall be a member of the public who has never been licensed as a home inspector or real estate broker. No more than one member

shall be a resident of any one county in the state. The initial home inspector members appointed shall demonstrate that they have been actively and lawfully engaged in home inspections for at least twenty-four months prior to the effective date of the Home Inspector Licensing Act and have met the requirements of Paragraphs (1) through (4) of Subsection A of Section 61-24D-6 NMSA 1978. The initial home inspector members appointed shall comply with Paragraph (6) of Subsection A of Section 61-24D-6 NMSA 1978 within six months of the effective date of the licensing examination rule promulgated by the board in accordance with the State Rules Act. After the board is initially established, any replacement of a home inspector member shall be a licensee. C. Board members shall serve for five years or until their successors are appointed and qualified. The governor may remove a member with or without cause. In the event of a vacancy, the governor shall appoint a member to complete the unexpired term. The initial board members appointed shall serve staggered terms from the date of their appointment as follows: (1) two members for three-year terms; (2) two members for two-year terms; and (3) one member for a one-year term. D. The board shall elect annually from among its members a chair and other officers as the board determines. The board shall meet at times and places as fixed by the board. A majority of the board constitutes a quorum. E. Members of the board may receive per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance. F. The board shall possess all powers and perform all duties prescribed by the Home Inspector Licensing Act and as otherwise provided by law and may promulgate rules in accordance with the State Rules Act to carry out the provisions of the Home Inspector Licensing Act. G. Pursuant to the provisions of the Home Inspector Licensing Act, the board shall: (1) adopt rules and procedures necessary to administer and enforce the provisions of the Home Inspector Licensing Act; (2) adopt and publish a code of ethics and standards of practice for persons licensed under the Home Inspector Licensing Act; (3) issue, renew, suspend, modify or revoke licenses to home inspectors in accordance with the Uniform Licensing Act;

(4) establish standards for the training, experience and continuing education requirements of the Home Inspector Licensing Act; (5) establish the amount and administer the fees charged for examinations, initial licensure, license renewals, reinstatement of revoked or suspended licenses, reactivation of inactive or expired licenses, criminal background checks and other services pursuant to the provisions of the Home Inspector Licensing Act; (6) adopt an approved examination, which may be administered by a nationally accepted testing service, in compliance with federal Americans with Disabilities Act of 1990 accommodations as required by law; (7) conduct state and criminal background checks on all applicants for a license; (8) maintain a list of the names and addresses of all licensees and of all persons whose licenses have been suspended or revoked within that year, together with such other information relative to the enforcement of the provisions of the Home Inspector Licensing Act; (9) maintain a statement of all funds received and a statement of all disbursements; (10) mail copies of statements to any person in this state upon request; and (11) perform other functions and duties as may be necessary to administer or carry out the provisions of the Home Inspector Licensing Act." Chapter 54 Section 3 Laws 2023 SECTION 3. Section 61-24D-6 NMSA 1978 (being Laws 2019, Chapter 239, Section 6, as amended) is amended to read: "61-24D-6. LICENSURE.-- A. Unless otherwise provided in the Home Inspector Licensing Act, an applicant for a license shall: (1) complete an application on forms provided by the board; (2) provide documentation to establish that the applicant is at least eighteen years of age; (3) provide the board with the applicant's fingerprints and all information necessary for a state and national criminal background check;

(4) provide proof of and maintain insurance coverage as provided in Section 61-24D-12 NMSA 1978; (5) have completed at least eighty hours of classroom training, the content of which shall be established by rule of the board; (6) pass an approved examination and any additional New Mexico- specific licensing examinations as prescribed by the board; and (7) have completed at least eighty hours of field training, or its equivalent, as determined by the board. B. Paragraphs (5) and (7) of Subsection A of this section shall not apply to a person who has: (1) worked as a home inspector in each of the twenty-four months immediately preceding the effective date of the Home Inspector Licensing Act; and (2) performed at least one hundred home inspections for compensation in the twenty-four months immediately preceding the effective date of the Home Inspector Licensing Act. C. After the board's review of all information obtained by the board and submitted by the applicant as required by this section, if all of the requirements for licensure are met, the board shall issue a license to the applicant." Chapter 54 Section 4 Laws 2023 SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 55 House Bill 116 Approved March 30, 2023 AN ACT RELATING TO MILITARY AFFAIRS; AUTHORIZING THE ADJUTANT GENERAL TO EMPLOY ACTIVE DUTY MEMBERS OF THE NEW MEXICO NATIONAL GUARD AS STATE EMPLOYEES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Chapter 55 Section 1 Laws 2023 SECTION 1. Section 20-3-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 17, as amended) is amended to read: "20-3-2. DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT GENERAL.-- A. The department of military affairs consists of: (1) the office of the adjutant general; (2) three subordinate military divisions: (a) the army national guard division; (b) the air national guard division; and (c) the state defense force division; and (3) five subordinate civil divisions: (a) the selective service office; (b) the state armory board; (c) the civil air patrol division; (d) the state programs division; and (e) the United States property and fiscal office and such other agencies, administrative staffs and clerical staffs necessary for departmental operation that the adjutant general may by regulation prescribe. B. The adjutant general is the military chief of staff to the governor and is the head of the department of military affairs. C. The adjutant general shall prescribe policies, rules and procedures for the orderly functioning of the department of military affairs, which may include subordinate organizational structures and lines of authority. D. The adjutant general may employ such administrative, technical, clerical and other personnel as the adjutant general deems necessary and may fix the compensation of exempt personnel subject to the concurrence of the department of finance and administration.

E. The adjutant general may employ, within the department of military affairs' appropriated budget, members of the New Mexico national guard on state active duty, on either a full-time or seasonal basis, for the purpose of providing preparedness for, mitigation of or response to any type of disaster. F. The adjutant general may make expenditures from appropriations or from other funds available to the adjutant general for all purposes within Chapter 20 NMSA 1978. G. The adjutant general is authorized to accept through the United States property and fiscal officer such equipment, supplies, arms, facilities and personnel support funding as may be authorized and appropriated by federal law. H. The adjutant general shall be furnished suitable buildings, facilities, supplies and equipment for conducting the business of the department of military affairs to include the proper storage, repair and issuance of military property. I. The adjutant general may appoint as assistant adjutants general one officer from each of the three military divisions in the department of military affairs. The officers appointed shall hold the rank of brigadier general during such appointment. The qualifications of each person so appointed shall meet the specific standards required for such appointment within Chapter 20 NMSA 1978 and any applicable federal standards or requirements. Once appointed, the assistant adjutants general shall serve at the pleasure of the adjutant general; their performance will be reviewed annually, in January, by the adjutant general; and if relieved, an assistant adjutant general shall revert to the rank previously held or to such higher rank to which promoted and federally recognized while serving as assistant adjutant general. The adjutant general may designate one federally recognized assistant adjutant general as deputy adjutant general. The deputy adjutant general shall serve on full-time active status for the state. In the incapacity or absence from the state of the adjutant general, the deputy adjutant general shall act in the adjutant general's stead. In the incapacity or absence from the state of both the adjutant general and the deputy adjutant general, the governor may call any assistant adjutant general to active service for the state. The assistant adjutants general shall perform all duties that may be required of them by the adjutant general. The adjutant general may delegate in writing to any of the assistant adjutants general such authorities and responsibilities as the adjutant general deems appropriate, consistent with the constitutions, laws and regulations of the state and of the United States. Assistant adjutants general, when on active status for the state, shall receive the same pay and allowances as are prescribed by federal law and regulations for members of the active military in the grade of brigadier general, unless a different rate of pay and allowances are specified in a general appropriation act of the New Mexico legislature. J. The adjutant general shall appoint individuals to serve as directors of the five subordinate civil divisions, except as stated in Section 20-9-1 NMSA 1978. The qualifications of each person so appointed shall meet the specific standards required for

such appointment within Chapter 20 NMSA 1978 and any applicable federal standards or requirements. K. There shall be allowed to the adjutant general a contingent and entertainment fund of two thousand five hundred dollars ($2,500) annually, plus such additional appropriations for carrying out the functions of the office as the legislature shall deem proper." Chapter 55 Section 2 Laws 2023 SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 56 House Bill 134, aa Approved March 30, 2023 AN ACT RELATING TO PUBLIC SCHOOLS; REQUIRING THE PUBLIC EDUCATION DEPARTMENT TO PROVIDE MENSTRUAL PRODUCTS IN SCHOOL BATHROOMS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 56 Section 1 Laws 2023 SECTION 1. A new section of the Public School Code is enacted to read: "FREE MENSTRUAL PRODUCTS IN PUBLIC SCHOOLS.-- A. Menstrual products shall be provided at no charge to students in: (1) each women's bathroom and gender-neutral bathroom and at least one men's bathroom in every public middle school, junior high school, secondary school and high school; and (2) at least one women's bathroom, one men's bathroom and one gender-neutral bathroom in every public elementary school. B. For the purpose of this section, "menstrual product" means a sanitary pad or tampon."

LAWS 2023, CHAPTER 57 HTPWC/House Bill 141 Approved March 30, 2023 AN ACT RELATING TO MOTOR VEHICLES; ENACTING A NEW SECTION OF THE MOTOR VEHICLE CODE TO ESTABLISH A CONCERNS OF POLICE SURVIVORS, C.O.P.S., SPECIAL REGISTRATION PLATE; ALLOWING FOR A CESSATION OF ISSUANCE OF SPECIAL LICENSE PLATES UNDER CERTAIN CIRCUMSTANCES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 57 Section 1 Laws 2023 SECTION 1. A new section of the Motor Vehicle Code is enacted to read: "SPECIAL CONCERNS OF POLICE SURVIVORS, C.O.P.S., REGISTRATION PLATE.-- A. The division shall issue a standardized concerns of police survivors, C.O.P.S., special registration plate with a logo designed pursuant to Section 66-3-424 NMSA 1978 to recognize the families and friends of law enforcement officers killed in the line of duty. B. For an initial fee of forty-five dollars ($45.00), which shall be in addition to the regular motor vehicle registration fees, the owner of a vehicle may apply for issuance of a concerns of police survivors, C.O.P.S., special registration plate. The vehicle owner shall pay a renewal fee of thirty-five dollars ($35.00) each year to retain and renew the concerns of police survivors, C.O.P.S., special registration plate. C. The revenue from the additional fee for a concerns of police survivors, C.O.P.S., special registration plate shall be distributed as follows: (1) ten dollars ($10.00) of the initial fee collected shall be retained by and is appropriated to the department to defray the cost of making and issuing the special registration plate with the concerns of police survivors, C.O.P.S., logo; and (2) thirty-five dollars ($35.00) of the initial registration fee and the entire thirty-five dollars ($35.00) of subsequent renewal fees shall be distributed to the law enforcement protection fund. D. Beginning on July 1, 2026, and on July 1 of each subsequent year, the department shall compare the number of concerns of police survivors, C.O.P.S., special

registration plates issued or registration renewals for those plates in the previous fiscal year with the average of the number of such plates issued in fiscal years 2024 and 2025. E. By September 1 of a fiscal year in which the department determines that the number of concerns of police survivors, C.O.P.S., special registration plates issued or registration renewals for those plates in the previous fiscal year is less than fifty percent of the average number of such plates issued in fiscal years 2024 and 2025, the department shall stop issuing concerns of police survivors, C.O.P.S., special registration plates." Chapter 57 Section 2 Laws 2023 SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 58 House Bill 145 Approved March 30, 2023 AN ACT RELATING TO EDUCATION; AMENDING THE PROGRAM ADMINISTRATION AND CRITERIA OF THE GENERAL RICHARD T. KNOWLES LEGISLATIVE SCHOLARSHIP PROGRAM AT THE NEW MEXICO MILITARY INSTITUTE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 58 Section 1 Laws 2023 SECTION 1. Section 21-12-12 NMSA 1978 (being Laws 1989, Chapter 44, Section 2 and Laws 1989, Chapter 45, Section 2, as amended) is amended to read: "21-12-12. PROGRAM ADMINISTRATION--CRITERIA.-- A. The General Richard T. Knowles legislative scholarship program shall be administered by the board of regents of the New Mexico military institute. The board of regents shall establish one hundred twelve scholarships available to New Mexico residents, one scholarship available for each state legislative district. B. Annually, each state legislator may nominate four prospective scholarship recipients to the board of regents of the New Mexico military institute. If a legislator has no applicant from the legislator's district, that senator or representative may choose to nominate an applicant from a senate or representative district contiguous to the

legislator's own district, thus maintaining geographical diversity in the corps of cadets while affording a greater opportunity for more New Mexicans to receive a scholarship. In the event no applicant is available from either the legislator's district or a contiguous district, the scholarship may be awarded to any of the qualified nominees from any state legislative district. C. The board of regents shall establish criteria for the awarding of scholarships. Criteria shall include scholastic ability, faculty recommendations, standardized test scores, letters of recommendation, school honors and extracurricular activities." LAWS 2023, CHAPTER 59 House Bill 169 Approved March 30, 2023 AN ACT RELATING TO THE LEGISLATURE; REMOVING THE REQUIREMENT THAT THE COMPLAINANT NOT PUBLICLY DISCLOSE ANY INFORMATION RELATING TO THE FILING OR INVESTIGATION OF A COMPLAINT MADE TO THE INTERIM LEGISLATIVE ETHICS COMMITTEE ALLEGING MISCONDUCT OF A LEGISLATOR. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 59 Section 1 Laws 2023 SECTION 1. Section 2-15-9 NMSA 1978 (being Laws 1993, Chapter 46, Section 54) is amended to read: "2-15-9. INTERIM LEGISLATIVE ETHICS COMMITTEE--PROCEDURES-- CONFIDENTIALITY.-- A. Except as provided in this section, the New Mexico legislative council shall develop procedures to carry out the provisions of this section, in accordance with the existing procedures in the house and senate rules. B. A member of the interim legislative ethics committee is ineligible to participate in any matter relating directly to that member's conduct. In any such case, a substitute member to the committee shall be appointed from the same house from the same political party by the appropriate appointing authority. A member may seek to be disqualified from any matter brought before the interim legislative ethics committee on the grounds that the member cannot render a fair and impartial decision. Disqualification must be approved by a majority vote of the remaining members of the

committee. In any such case, a substitute member to the committee shall be appointed from the same political party as provided in this section. C. The interim legislative ethics committee is authorized to issue advisory opinions on matters relating to ethical conduct during the interim. Any question relating to the interpretation and enforcement of ethical principles as applied to the legislature may be submitted in writing to the New Mexico legislative council by a legislator describing a real or hypothetical situation and requesting an advisory opinion establishing an appropriate standard of ethical conduct for that situation. The question shall be referred to the interim legislative ethics committee. D. To initiate any action during the interim on alleged misconduct, any legislator or member of the public may file a written, sworn complaint setting forth, with specificity, the facts alleged to constitute unethical conduct. A complaint shall be filed with the New Mexico legislative council. Upon receipt of the complaint, the co-chairs shall convene the interim legislative ethics committee. E. The interim legislative ethics committee shall maintain rules of confidentiality unless the legislator against whom a complaint is filed waives the rules or any part of them in writing. The confidentiality rules shall include the following provisions: (1) the committee and its staff shall not publicly disclose any information relating to the filing or investigation of a complaint, including the identity of the complainant or respondent, until after a finding of probable cause has been made that a violation has occurred; (2) the identity of the complainant shall be released to the respondent immediately upon request; and (3) no member of the committee or its staff may knowingly disclose any confidential information except as authorized by the committee." LAWS 2023, CHAPTER 60 House Bill 175, aa Approved March 30, 2023 AN ACT RELATING TO THE CRIME REDUCTION GRANT ACT; ELIMINATING THE GRANT ADMINISTRATION AGENCY; CREATING THE CRIME REDUCTION GRANT FUND; MAKING AN APPROPRIATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Chapter 60 Section 1 Laws 2023 SECTION 1. Section 31-28-2 NMSA 1978 (being Laws 2019, Chapter 192, Section 6) is amended to read: "31-28-2. DEFINITION.--As used in the Crime Reduction Grant Act, "commission" means the New Mexico sentencing commission." Chapter 60 Section 2 Laws 2023 SECTION 2. Section 31-28-3 NMSA 1978 (being Laws 2019, Chapter 192, Section 7) is amended to read: "31-28-3. CRIMINAL JUSTICE COORDINATING COUNCILS CREATED-- COMPOSITION--DUTIES.-- A. A criminal justice coordinating council is created for each judicial district and shall include representation from within the district for: (1) each court in the district; (2) the district attorney; (3) the district public defender office; (4) law enforcement agencies; (5) jails; (6) behavioral health programs; and (7) other agencies and entities agreed upon by the council. B. Each criminal justice coordinating council shall be convened by the chief judge of the district court in the judicial district. The commission shall assist in the organization of the criminal justice coordinating councils. C. Each criminal justice coordinating council shall select a chair at its first meeting. The first meeting of each council shall take place by August 1, 2019, and the council shall subsequently meet at the call of the chair, but not less than ten months per year. D. Each criminal justice coordinating council shall organize itself and adopt rules in a manner appropriate to accomplish its duties pursuant to the Crime Reduction Grant Act.

E. A criminal justice coordinating council shall develop a strategic plan to meet the requirements of this section and shall: (1) review the criminal justice system in the judicial district, including judicial processes, law enforcement, community corrections alternatives and sufficiency of jail and detention facilities; (2) identify criminal justice system problems in the judicial district; (3) develop data-driven policies and evidence-based best practices designed to improve public safety outcomes, cost-effective responses to crime and fair and efficient adjudication processes; (4) facilitate applications from its members for crime reduction grants pursuant to the Crime Reduction Grant Act; (5) facilitate sharing of criminal justice information between agencies as permitted by law; and (6) in consultation with the commission, develop data-sharing agreements and methods of data sharing to allow system-wide analysis of criminal justice operations within the judicial district and throughout the state. F. Executive agencies and the administrative office of the courts shall provide prompt responses to criminal justice coordinating council requests for information." Chapter 60 Section 3 Laws 2023 SECTION 3. Section 31-28-4 NMSA 1978 (being Laws 2019, Chapter 192, Section 8, as amended) is amended to read: "31-28-4. APPLICATIONS FOR GRANTS--PURPOSES--CONDITIONS.-- A. A member of a criminal justice coordinating council with the consent of the council may apply to the commission for a grant to accomplish any of the enumerated purposes provided in Subsection B of this section. B. Crime reduction grants may be made to: (1) develop, expand and improve evidence-based treatment and supervision alternatives to incarceration; (2) reduce barriers to participation by criminal offenders in preprosecution diversion or specialty court programs; (3) develop or improve pretrial service programs;

(4) develop or improve coordination of services between law enforcement agencies and treatment programs; (5) establish law enforcement crisis intervention teams; (6) coordinate access to programs for transitional or reentry homes for individuals recently released from incarceration; (7) recruit or retain law enforcement officers, prosecutors, public defenders, corrections officers and mental health workers; (8) develop or expand digitized records; (9) develop or expand the ability of a criminal justice coordinating council member to share data with, and access data on, the statewide criminal justice data integration platform; (10) develop or expand data-driven policing programs and pretrial services; (11) staff a criminal justice coordinating council; and (12) purchase equipment or provide training to support any of the purposes provided in this section. C. Crime reduction grants shall be conditioned on the criminal justice coordinating council and the recipient member complying with the following: (1) using not more than five percent of a grant for administrative costs of the recipient; (2) in consultation with the commission, developing data-sharing agreements and methods of data sharing among criminal justice agencies and with the commission to allow system-wide analysis of criminal justice operations within the judicial district and statewide; (3) using or developing evidence-based best practices for any programs operated with crime reduction grants; (4) developing performance measures in consultation with the commission relevant to the grantee's application; (5) collecting data to evaluate the effectiveness of programs operated with crime reduction grants;

(6) evaluating quarterly the process, outputs, outcomes and other performance measures of programs funded with grants for compliance with all provisions of the Crime Reduction Grant Act; (7) providing a quarterly report to the commission for review and comparison with other programs receiving grants for similar purposes; and (8) providing an annual report to the commission by October 1 of each year regarding program outcomes from use of the grant. D. The commission shall assist with the implementation of data-sharing agreements to ensure compliance with crime reduction grants. E. The commission may consider any outcome reported to it by a grant recipient from a previous year in making a determination of whether to make subsequent grants or the amount of a subsequent grant." Chapter 60 Section 4 Laws 2023 SECTION 4. Section 31-28-5 NMSA 1978 (being Laws 2019, Chapter 192, Section 9) is amended to read: "31-28-5. RULES.--The commission shall promulgate uniform procedural rules necessary to administer the provisions of the Crime Reduction Grant Act." Chapter 60 Section 5 Laws 2023 SECTION 5. Section 31-28-6 NMSA 1978 (being Laws 2019, Chapter 192, Section 10) is amended to read: "31-28-6. REPORTS.--The commission shall report to the legislature annually by November 1 of each year regarding the: A. applications for grants made during the previous fiscal year by each criminal justice coordinating council; B. purpose and amount of each grant approved by the commission for each member for the previous fiscal year; and C. processes, outputs and outcomes resulting from the use of the grant." Chapter 60 Section 6 Laws 2023 SECTION 6. A new section of the Crime Reduction Grant Act is enacted to read:

"CRIME REDUCTION GRANT FUND CREATED--PURPOSE.--The "crime reduction grant fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The commission shall administer the fund, and money in the fund is subject to appropriation to the commission to administer the provisions of the Crime Reduction Grant Act and award crime reduction grants to members of criminal justice coordinating councils to spur local innovation in criminal justice reform, pursuant to the Crime Reduction Grant Act. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the chair of the commission or the chair's authorized representative. The commission may expend no more than three percent of the balance of the fund each fiscal year for administering the Crime Reduction Grant Act. No money in the fund may be expended in any way except as provided by the Crime Reduction Grant Act." LAWS 2023, CHAPTER 61 House Bill 179, aa Approved March 30, 2023 AN ACT RELATING TO PROPERTY; REQUIRING NOTICE OF THE FILING OF LIENS WITH THE PROPERTY OWNER. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 61 Section 1 Laws 2023 SECTION 1. Section 48-2-6 NMSA 1978 (being Laws 1880, Chapter 16, Section 6, as amended) is amended to read: "48-2-6. TIME FOR FILING LIEN CLAIM--CONTENTS--NOTICE OF LIEN.-- A. Every original contractor, within one hundred twenty days after the completion of a contract, and every person, except the original contractor, desiring to claim a lien pursuant to Sections 48-2-1 through 48-2-17 NMSA 1978 shall, within ninety days after the completion of any building, improvement or structure or after the completion of the alteration or repair of the building, improvement or structure or the performance of any labor in a mining claim, file for record with the county clerk of the county in which the property or some part of it is situated a claim containing a statement of demands, after deducting all just credits and offsets. The claim shall state the name of the owner or reputed owner, if known, and also the name of the person by whom the claimant was employed or to whom the claimant furnished the materials, and shall include a statement of the terms, time given and the conditions of the contract, and also a description of the property to be charged with the lien, sufficient for identification. The claim shall be verified by the oath of the claimant or of some other person.

B. A person filing a claim for a lien with a county clerk pursuant to Subsection A of this section shall mail, email, send by certified mail with return receipt requested or hand deliver a copy of the filed claim for a lien to the owner or reputed owner, if known, stated in the claim within fifteen days of filing the claim with the county clerk. The copy of the filed claim for a lien shall be sent or delivered to the owner or reputed owner at the owner or reputed owner's last known address. If the owner or reputed owner's address is not known, the copy of the filed claim for a lien shall be sent to the address of the owner of the property as listed in the county assessor's files. The failure of the claimant to serve the notice may preclude the recovery of interest, attorney's fees or costs." LAWS 2023, CHAPTER 62 House Bill 180 Approved March 30, 2023 AN ACT RELATING TO PUBLIC RECORDS; PROVIDING FOR STORING OFFICIAL RECORDS ELECTRONICALLY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 62 Section 1 Laws 2023 SECTION 1. Section 14-1-5 NMSA 1978 (being Laws 1947, Chapter 185, Section 2) is amended to read: "14-1-5. AUTHORIZATION.--Any public officer of the state may cause any or all records, papers or documents kept by the officer to be photographed, microfilmed, microphotographed, maintained as an electronic record or reproduced on film. The electronic record, photographic film and the device used to reproduce the records on film shall be one that accurately reproduces the original in all details." Chapter 62 Section 2 Laws 2023 SECTION 2. Section 14-1-6 NMSA 1978 (being Laws 1947, Chapter 185, Section 3) is amended to read: "14-1-6. PRESUMPTION OF AUTHENTICITY.--Such photographs, microfilms, electronic records, photographic film or microphotographs shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification or certified copy of the transcript shall, for all purposes recited in this section, be deemed to be a transcript, exemplification or certified copy of the original."

LAWS 2023, CHAPTER 63 House Bill 186, aa Approved March 30, 2023 AN ACT RELATING TO PROPERTY TAX; PROVIDING FLEXIBILITY REGARDING THE REQUIREMENT TO PROVIDE PROOF OF ELIGIBILITY FOR A DISABLED VETERAN'S PROPERTY TAX EXEMPTION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 63 Section 1 Laws 2023 SECTION 1. Section 7-38-17 NMSA 1978 (being Laws 1973, Chapter 258, Section 57, as amended) is amended to read: "7-38-17. CLAIMING EXEMPTIONS--REQUIREMENTS--PENALTIES.-- A. Subject to the requirements of Subsection E of this section, head-of-family exemptions, veteran exemptions, disabled veteran exemptions or veterans' organization exemptions claimed and allowed in a tax year need not be claimed for subsequent tax years if there is no change in eligibility for the exemption nor any change in ownership of the property against which the exemption was claimed. Head-of-family, veteran and veterans' organization exemptions allowable under this subsection shall be applied automatically by county assessors in the subsequent tax years. B. Other exemptions of real property specified under Section 7-36-7 NMSA 1978 for nongovernmental entities shall be claimed in order to be allowed. Once such exemptions are claimed and allowed for a tax year, they need not be claimed for subsequent tax years if there is no change in eligibility. Exemptions allowable under this subsection shall be applied automatically by county assessors in subsequent tax years. C. Except as set forth in Subsection H of this section, an exemption required to be claimed under this section shall be applied for no later than thirty days after the mailing of the county assessor's notices of valuation pursuant to Section 7-38-20 NMSA 1978 in order for it to be allowed for that tax year. D. A person who has had an exemption applied to a tax year and subsequently becomes ineligible for the exemption because of a change in the person's status or a change in the ownership of the property against which the exemption was applied shall notify the county assessor of the loss of eligibility for the exemption by the last day of February of the tax year immediately following the year in which loss of eligibility occurs.

E. Exemptions may be claimed by filing proof of eligibility for the exemption with the county assessor. The proof shall be in a form prescribed by regulation of the department. Procedures for determining eligibility of claimants for any exemption shall be prescribed by regulation of the department, and these regulations shall include provisions for requiring the veterans' services department to issue certificates of eligibility for veteran and veterans' organization exemptions in a form and with the information required by the department. The regulations shall also include verification procedures to assure that veteran exemptions in excess of the amount authorized under Section 7-37-5 NMSA 1978 are not allowed as a result of multiple claiming in more than one county or claiming against more than one property in a single tax year. F. The department shall consult and cooperate with the veterans' services department in the development, adoption and promulgation of regulations under Subsection E of this section. The veterans' services department shall comply with the promulgated regulations. The veterans' services department shall collect a fee of five dollars ($5.00) for the issuance of a duplicate certificate of eligibility to a veteran or to a veterans' organization. G. A person who violates the provisions of this section by intentionally claiming and receiving the benefit of an exemption to which the person is not entitled or who fails to comply with the provisions of Subsection D of this section is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000). A county assessor or the assessor's employee who knowingly permits a claimant for an exemption to receive the benefit of an exemption to which the claimant is not entitled is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) and shall also be automatically removed from office or dismissed from employment upon conviction under this subsection. H. When a disabled veteran or the disabled veteran's unmarried surviving spouse provides proof of eligibility pursuant to Subsection E of this section, the disabled veteran or the disabled veteran's unmarried surviving spouse shall be allowed the exemption for the current tax year; provided that the exemption shall not be allowed for property tax due for previous tax years." LAWS 2023, CHAPTER 64 House Bill 195, aa Approved March 30, 2023 AN ACT RELATING TO FORESTRY; AMENDING THE FOREST CONSERVATION ACT; AUTHORIZING THE FORESTRY DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO CONTRACT FOR AND CONDUCT FOREST FIRE PREVENTION, SUPPRESSION, CONTROL, SUPPRESSION

REHABILITATION AND REPAIR, POST-FIRE SLOPE STABILIZATION, EROSION CONTROL, RIPARIAN RESTORATION, SEEDING AND REFORESTATION OF BURNED AREAS; REMOVING REFERENCES TO THE REPEALED FOREST CONSERVATION FUND; MAKING TECHNICAL CHANGES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 64 Section 1 Laws 2023 SECTION 1. Section 68-2-1 NMSA 1978 (being Laws 1959, Chapter 122, Section 1, as amended) is amended to read: "68-2-1. SHORT TITLE.--Sections 68-2-1 through 68-2-27 NMSA 1978 may be cited as the "Forest Conservation Act"." Chapter 64 Section 2 Laws 2023 SECTION 2. Section 68-2-2 NMSA 1978 (being Laws 1959, Chapter 122, Section 2) is amended to read: "68-2-2. ACCEPTANCE OF FEDERAL LAWS.--The state is authorized to accept the provisions of the act of congress dated June 7, 1924 (43 Stat. 653) commonly known as the Clarke-McNary Act and the act of congress dated July 1, 1978 (92 Stat. 365) commonly known as the Cooperative Forestry Assistance Act of 1978, as amended." Chapter 64 Section 3 Laws 2023 SECTION 3. Section 68-2-3 NMSA 1978 (being Laws 1959, Chapter 122, Section 3, as amended) is amended to read: "68-2-3. STATE FORESTER--COMPENSATION--QUALIFICATIONS.-- A. The director of the forestry division of the energy, minerals and natural resources department is the "state forester" and shall be paid a salary, set by the secretary of energy, minerals and natural resources. B. No individual may be appointed as the state forester unless the individual is, by reason of scientific education and experience, knowledgeable in the principles of forest management."

Chapter 64 Section 4 Laws 2023 SECTION 4. Section 68-2-6 NMSA 1978 (being Laws 1959, Chapter 122, Section 6, as amended) is amended to read: "68-2-6. DIVISION TO SERVE AS CONTRACTING AGENCY FOR STATE-- CONTRACTING AUTHORITY.--For the purposes of the Forest Conservation Act, the forestry division of the energy, minerals and natural resources department is designated as the agent of the state and is authorized to enter into contracts and cooperative agreements with the secretary of agriculture of the United States of America, private landowners, the commissioner of public lands of the state, individuals, corporations or other local, state, federal and private agencies or organizations to carry out the provisions of the Forest Conservation Act and to do all other acts necessary to take advantage of and carry out the provisions of the acts of congress promulgated for the purposes of the Forest Conservation Act and the federal Cooperative Forestry Assistance Act of 1978, as amended." Chapter 64 Section 5 Laws 2023 SECTION 5. Section 68-2-7 NMSA 1978 (being Laws 1967, Chapter 208, Section 1) is amended to read: "68-2-7. FOREST FIRE AND SUPPRESSION DEFINED.--As used in the Forest Conservation Act: A. "forest fire" means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain or other vegetation; and B. "suppression" means all of the activities to extinguish, limit or contain forest fire spread." Chapter 64 Section 6 Laws 2023 SECTION 6. Section 68-2-8 NMSA 1978 (being Laws 1967, Chapter 208, Section 2, as amended) is amended to read: "68-2-8. FORESTRY DIVISION RESPONSIBILITY FOR STATEWIDE FOREST FIRE PROTECTION AND FOREST CONSERVATION--AUTHORITY--POLICE POWER.-- A. The forestry division of the energy, minerals and natural resources department is responsible for the conservation of forests and forest resources and the prevention and suppression of forest fires on all nonfederal, nonmunicipal lands in the state. The division, whether independently or in cooperation with federal, state or local agencies, is authorized to:

(1) conserve forests and forest resources; (2) maintain and improve forest health; (3) prevent, control and suppress forest fires; (4) conduct forest fire suppression rehabilitation and repair; (5) conduct post-fire slope stabilization, erosion control, riparian restoration, seeding and reforestation of burned areas; (6) research forestry and forest fires; (7) prescribe uses of fires; (8) conduct urban and community forestry; (9) establish and support nurseries; (10) furnish forestry and forest fire-related technical advice to the people of the state, including technical advice and projects related to the mitigation of or adaptation to changing climatic conditions; and (11) provide financial, technical and related assistance to local governments to organize, train and equip local firefighters to prevent, control and suppress forest fires threatening the natural resources of rural forest areas or communities. B. The forestry division and the division's agents: (1) shall have unrestricted access to private and state lands, including the use of roads and trails to carry out forest fire suppression work; and (2) shall not be liable to civil action for trespass or for damages for acts done in the course of their official duties unless otherwise expressly provided by contract or agreement with the landowner, which contract or agreement is made pursuant to the provisions of the Forest Conservation Act. C. The police power of the state shall extend to such control of private forest lands as is necessary for the suppression of forest fires. D. The authorization provided in Subsection A of this section with respect to forest conservation, fire prevention and post-fire forest rehabilitation activities, but not forest fire suppression activities, is to be exercised in cooperation and pursuant to an agreement with the underlying landowner or land manager."

Chapter 64 Section 7 Laws 2023 SECTION 7. Section 68-2-9 NMSA 1978 (being Laws 1967, Chapter 208, Section 3) is amended to read: "68-2-9. PENALTY FOR OBSTRUCTION.--Any person obstructing the access of the forestry division of the energy, minerals and natural resources department or the division's agents to lands, as provided in Section 68-2-8 NMSA 1978, is guilty of a misdemeanor and upon conviction may be sentenced to not less than thirty days nor more than ninety days in the county jail or fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or both such imprisonment and fine." Chapter 64 Section 8 Laws 2023 SECTION 8. Section 68-2-11 NMSA 1978 (being Laws 1959, Chapter 122, Section 7, as amended) is amended to read: "68-2-11. CONTRACTS FOR PROTECTION OF FOREST AREAS.--The commissioner of public lands is authorized to enter into contracts and cooperative agreements with the forestry division of the energy, minerals and natural resources department for the protection and conservation of forests and denuded forest areas under the commissioner's jurisdiction and control and is authorized to pay the assessments thereunder from the state land office maintenance fund, provided that such contracts and agreements do not commit the use of the lands in a manner and do not entail expenditures of the maintenance fund contrary to the provisions of the act of congress dated June 20, 1910, entitled Enabling Act for New Mexico." Chapter 64 Section 9 Laws 2023 SECTION 9. Section 68-2-14 NMSA 1978 (being Laws 1959, Chapter 122, Section 9, as amended) is amended to read: "68-2-14. ENFORCEMENT OF LAWS--INVESTIGATION OF VIOLATIONS.-- A. The forestry division of the energy, minerals and natural resources department is authorized to enforce all laws and rules relating to all forested, cut-over or brush lands lying within the state under the following circumstances: (1) prevention and suppression of forest fires; (2) logging and timber operations and practices; (3) trespass, waste and littering; and (4) conservation of forests and forest resources and products.

B. The state forester, all persons the state forester designates as peace officers and any other peace officers are authorized to go upon forested, cut-over or brush lands lying within the state to investigate violations of the Forest Conservation Act and are given the necessary police powers to apprehend and arrest on warrant issued by any magistrate or judge of the state for violation of the Forest Conservation Act or without warrant for violations thereof committed in their presence and shall not be liable to civil actions in trespass for acts done in discharge of their duties." Chapter 64 Section 10 Laws 2023 SECTION 10. Section 68-2-16 NMSA 1978 (being Laws 1959, Chapter 122, Section 11, as amended) is amended to read: "68-2-16. RULES OF DIVISION.--The forestry division of the energy, minerals and natural resources department is authorized to make and enforce rules not in conflict with any law now in force as it deems necessary for the prevention and suppression of forest fires, for the control of forest insects or diseases and for the application of commercial or silvicultural forest practices within the state. The rulemaking power includes the requiring of registration of sawmills, declaring of designated areas to be high hazard fire areas and closing them to entry by the general public for reasonable periods and requiring native forest vegetative types to be harvested or treated in such manner as to support forest practices that maintain and enhance the benefits of forests and forest resources to New Mexico. Rules shall be provided to all interested parties upon request. Nothing in the Forest Conservation Act shall prevent a landowner from converting forest vegetative types to nonforest vegetative types for such purposes as range, wildlife habitat, farming, surface mining or subdivision development; provided, however, any slash resulting from such conversion shall be treated in a manner that will minimize the spread of forest fires and the possibility of insect or disease epidemic." Chapter 64 Section 11 Laws 2023 SECTION 11. Section 68-2-22 NMSA 1978 (being Laws 1961, Chapter 200, Section 1, as amended) is amended to read: "68-2-22. CUTTING AND REMOVING WOODY MATERIAL WITHOUT WRITTEN CONSENT.-- A. As used in this section: (1) "owner" means any public agency, person, partnership, firm, corporation and recognized agents owning or having legal control to the surface rights of the land upon which the woody material is located and having legal authority to issue permits or enter into agreements for the disposal of the woody material; and

(2) "woody material" includes any live or dead evergreen, coniferous or deciduous tree, branch, bough, bush, sapling or shrub in its natural condition, trimmed or untrimmed, and with or without roots. B. No person shall cut, remove, transport or sell any woody material without written consent of the owner or proof of ownership, whether the land is publicly or privately owned. The written consent shall contain a legal description of the land where the woody material is removed, the name and address of the legal owner, the volume or amount of material to be removed, the date of execution and the expiration date of the consent. In addition, any person purchasing woody material from another for the purpose of resale must possess a valid bill of sale containing the date of sale, the amount of material purchased and the name, address and signature of the seller. The written consent, bill of sale or a true copy shall be carried by every person in charge of cutting, removing, transporting or selling the woody material and shall be exhibited to any peace officer at the officer's request. This provision shall not apply to campers, picnickers, hunters and persons fishing who gather woody material for use in the immediate vicinity of their campsite or private landowners removing woody material from their own land for their personal use." Chapter 64 Section 12 Laws 2023 SECTION 12. Section 68-2-24 NMSA 1978 (being Laws 1979, Chapter 395, Section 9) is amended to read: "68-2-24. FOREST LAND POLICY.--Recognizing that the forest makes a vital contribution to New Mexico by providing wood products, jobs, grazing, quality water, wildlife habitat, young trees, taxes and other economic benefits, it is hereby declared to be the public policy of the state to adopt forest practices that maintain and enhance such benefits and such resources and to recognize varying forest resources by employing silvicultural planning, including fire prevention that provides for the removal of trees in a manner that provides reasonable assurance for the natural or artificial regeneration of native tree species; provided, however, nothing in this section shall be in conflict with any law now in force." Chapter 64 Section 13 Laws 2023 SECTION 13. Section 68-2-25 NMSA 1978 (being Laws 1979, Chapter 395, Section 10) is amended to read: "68-2-25. FOREST OWNER ASSISTANCE.--Upon the request of any landowner, the state forester shall advise and encourage the use of good management practices through an educational program and by providing technical forestry assistance to any landowner for specific sites prior to and during harvesting or other forestry-related activities."

Chapter 64 Section 14 Laws 2023 SECTION 14. Section 68-2-26 NMSA 1978 (being Laws 1987, Chapter 143, Section 4) is amended to read: "68-2-26. ENFORCEMENT--FOREST CONSERVATION ACT.--Any peace officer enforcing the provisions of the Forest Conservation Act may: A. stop any vehicle or means of conveyance containing any woody material for the purpose of inspection and investigation; B. inspect the woody material in any vehicle or other means of conveyance, including common carrier; C. seize and hold any woody material cut, removed, piled, transported or offered for sale in violation of this section. Upon determination by the appropriate court that a section of the Forest Conservation Act has been violated and the court's issuance of an order authorizing the sale, the forestry division of the energy, minerals and natural resources department shall sell the woody material and all money collected is to be deposited into the forest land protection revolving fund; and D. seize and hold any property used in violation of this section and, upon determination of the appropriate court that a section of the Forest Conservation Act has been violated, keep or dispose of the property upon order of the district court. All money collected, if any, shall be deposited into the forest land protection revolving fund." Chapter 64 Section 15 Laws 2023 SECTION 15. Section 68-2-28 NMSA 1978 (being Laws 1987, Chapter 143, Section 6, as amended) is amended to read: "68-2-28. FOREST LAND PROTECTION REVOLVING FUND CREATED.-- A. There is created in the state treasury a revolving fund to be known as the "forest land protection revolving fund". The forest land protection revolving fund shall consist of all receipts as provided by Section 68-2-26 NMSA 1978, fees collected pursuant to the Prescribed Burning Act, appropriations, gifts, grants, donations and revenue received by the forestry division of the energy, minerals and natural resources department from the federal government or other state agencies and other sources for conducting forest and watershed management projects. Subject to legislative appropriation, expenditures may be made from the forest land protection revolving fund upon vouchers signed by the state forester and warrants issued by the secretary of finance and administration: (1) for the administration, implementation and enforcement of the Forest Conservation Act;

(2) to administer and fund forest and watershed management projects, including acquisition of tools and equipment and expenses incurred by the forestry division in planning and supervising forest and watershed management projects; (3) to fund approved projects pursuant to the Forest and Watershed Restoration Act; and (4) to administer the Prescribed Burning Act. B. Money in the forest land protection revolving fund shall not revert to the general fund." Chapter 64 Section 16 Laws 2023 SECTION 16. REPEAL.--Sections 68-2-19 and 68-2-23 NMSA 1978 (being Laws 1959, Chapter 122, Section 14 and Laws 1979, Chapter 395, Section 8, as amended) are repealed. LAWS 2023, CHAPTER 65 House Bill 198 Approved March 30, 2023 AN ACT RELATING TO PUBLIC EDUCATION; AMENDING THE CAREER TECHNICAL EDUCATION PILOT PROJECT AND THE CAREER TECHNICAL EDUCATION FUND TO INCLUDE SECONDARY SCHOOLS FUNDED BY THE FEDERAL BUREAU OF INDIAN EDUCATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 65 Section 1 Laws 2023 SECTION 1. Section 22-1-12 NMSA 1978 (being Laws 2019, Chapter 61, Section 1) is amended to read: "22-1-12. CAREER TECHNICAL EDUCATION PILOT PROJECT.-- A. A "career technical education pilot project" is created as a seven-year pilot project administered by the department to fund high-quality career technical education programs and monitor their effect on student outcomes, including achievement scores, academic growth, remediation rates and graduation rates. The department shall consult with the higher education department and the workforce solutions department as it develops its measures to determine what constitutes a high-quality career technical

education program and what students should know and be able to demonstrate to an employer or to succeed in a post-secondary career technical education program. School districts, charter schools and secondary schools funded by the federal bureau of Indian education may apply to participate in the pilot project on forms provided by the department. The department may provide grants to school districts, charter schools and secondary schools funded by the federal bureau of Indian education to: (1) establish career technical education programs as part of the pilot project; and (2) provide professional development and training to career technical education teachers in the pilot project. B. At a minimum, the career technical education programs funded by the department as part of the pilot project shall: (1) include rigorous content aligned with academic standards and relevant career technical content that align secondary and post-secondary education; (2) incorporate permeable pathways through post-secondary education; (3) include potential for dual credit courses; (4) require competency in science, technology, engineering and mathematics; (5) require training in soft skills and social skills; (6) lead to an industry-recognized credential at the post-secondary level or to an associate's or bachelor's degree; (7) establish partnerships among the local school district, charter school or secondary school funded by the federal bureau of Indian education, post- secondary institutions and local business and industry; and (8) provide the data necessary to the department and the participating public schools and secondary schools funded by the federal bureau of Indian education to evaluate each program and the pilot project. C. The department shall provide professional development to existing career technical education teachers and training to new teachers in career technical education that: (1) addresses project-based learning;

(2) includes the basics of pedagogy; (3) promotes integration of career technical curricula with core content areas; (4) includes training in instruction for employability and soft skills; (5) includes training in social-emotional learning and trauma-informed instruction; and (6) addresses department standards and benchmarks for career technical education. D. The department shall promulgate rules for the administration of the pilot project, the collection and analysis of student, program and instructor data and required reporting by participating public schools and secondary schools funded by the federal bureau of Indian education. E. The department shall provide annual and final reports to the legislature through the legislative education study committee and the governor on the efficacy of the pilot project." Chapter 65 Section 2 Laws 2023 SECTION 2. Section 22-1-13 NMSA 1978 (being Laws 2019, Chapter 61, Section 2) is amended to read: "22-1-13. CAREER TECHNICAL EDUCATION FUND CREATED.--The "career technical education fund" is created as a nonreverting fund in the state treasury until the end of the pilot project. The fund consists of appropriations, gifts, grants and donations. The department shall administer the fund, and money in the fund is appropriated to the department to carry out the career technical education pilot project. The fund shall be administered by the department, and money in the fund is appropriated to the department to provide grants to school districts, charter schools and secondary schools funded by the federal bureau of Indian education participating in the pilot project. Expenditures from the fund shall be on warrants of the secretary of finance and administration on vouchers signed by the secretary of public education or the secretary's designated representative." Chapter 65 Section 3 Laws 2023 SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

LAWS 2023, CHAPTER 66 House Bill 209 Approved March 30, 2023 AN ACT RELATING TO STUDENT LOANS; AMENDING THE HEALTH PROFESSIONAL LOAN REPAYMENT ACT TO UPDATE THE REQUIREMENTS FOR RECEIVING LOAN REPAYMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 66 Section 1 Laws 2023 SECTION 1. Section 21-22D-3 NMSA 1978 (being Laws 1995, Chapter 144, Section 18, as amended) is amended to read: "21-22D-3. DEFINITIONS.--As used in the Health Professional Loan Repayment Act: A. "department" means the higher education department; B. "health professional" means a physician, optometrist, podiatrist, physician's assistant, dentist, nurse, member of an allied health profession as defined in the Allied Health Student Loan for Service Act or a licensed or certified health professional as determined by the department; C. "loan" means a grant of money to defray the costs incidental to a health education, under a contract between the federal government or a commercial lender and a health professional, requiring either repayment of principal and interest or repayment in services; D. "nurse in advanced practice" means a registered nurse, including a: (1) certified nurse practitioner, certified registered nurse anesthetist or clinical nurse specialist, authorized pursuant to the Nursing Practice Act to function beyond the scope of practice of professional registered nursing; or (2) certified nurse-midwife licensed by the department of health; and E. "osteopathic primary care physician" means an osteopathic physician licensed pursuant to the Medical Practice Act with specialty training in family medicine, general internal medicine, obstetrics, gynecology or general pediatrics."

Chapter 66 Section 2 Laws 2023 SECTION 2. Section 21-22D-6 NMSA 1978 (being Laws 1995, Chapter 144, Section 21, as amended) is amended to read: "21-22D-6. AWARD CRITERIA--CONTRACT TERMS--PAYMENT.-- A. Prior to receiving an award, the health professional shall file with the higher education department a declaration of intent to practice as a health professional in areas of New Mexico designated as underserved by the department. The department shall consult with the department of health when designating areas as underserved. B. Award criteria shall provide that: (1) amounts shall be dependent upon the location of the practice, the applicant's total health professional education indebtedness and characteristics of the practice; (2) preference in making awards shall be to individuals who have graduated from a New Mexico post-secondary educational institution; (3) recruitment awards shall be made to eligible participants who agree to relocate to an approved designated area; (4) highest priority shall be given to participants in practices in which health profession vacancies are difficult to fill, practices that require after hours call at least every other night and practices that have heavy obstetrical responsibilities; (5) award amounts may be modified based upon available funding or other special circumstances; and (6) an award shall not exceed the total medical education indebtedness of any participant. C. The following education debts are not eligible for repayment pursuant to the Health Professional Loan Repayment Act: (1) amounts incurred as a result of participation in state loan-for-service programs or other state programs whose purpose states that service be provided in exchange for financial assistance; (2) scholarships that have a service component or obligation; (3) personal loans from friends or relatives; and (4) loans that exceed individual standard school expense levels.

D. The loan repayment award shall be evidenced by a contract between the health professional and the department acting on behalf of the state. The contract shall provide for the payment by the state of a stated sum to the health professional's debtors and shall state the obligations of the health professional under the program, including a minimum three-year period of service, quarterly reporting requirements and other policies established by the department. E. Recipients shall serve a complete year in order to receive credit for that year. The minimum credit for a year shall be established by the department. F. If a health professional does not comply with the terms of the contract, the department shall assess a penalty of up to three times the amount of award disbursed plus eighteen percent interest, unless the department finds acceptable extenuating circumstances for why the health professional cannot serve or comply with the terms of the contract. If the department does not find acceptable extenuating circumstances for the health professional's failure to comply with the contract, the department shall require immediate repayment plus the amount of the penalty. G. The department shall adopt regulations to implement the provisions of this section. The regulations may provide for the disbursement of loan repayment awards to the lenders of health professionals in annual or other periodic installments." LAWS 2023, CHAPTER 67 HJC/House Bill 232, w/ec Approved March 30, 2023 AN ACT RELATING TO PUBLIC RECORDS; AMENDING THE INSPECTION OF PUBLIC RECORDS ACT; ENACTING A NEW SECTION OF THE INSPECTION OF PUBLIC RECORDS ACT REGARDING DISCLOSURE OF LAW ENFORCEMENT RECORDS; EXCEPTING FROM DISCLOSURE CERTAIN INFORMATION CONCERNING INFORMATION TECHNOLOGY SYSTEMS, SUBMISSIONS TO GRANT PROGRAMS, LAND LEASES AND SCHOLARSHIP PROGRAMS AND PROPRIETARY TECHNICAL OR BUSINESS INFORMATION; DECLARING AN EMERGENCY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 67 Section 1 Laws 2023 SECTION 1. A new section of the Tourism Department Act, Section 9-15A-7.2 NMSA 1978, is enacted to read:

"9-15A-7.2. INFORMATION NOT SUBJECT TO INSPECTION.--The following information created, obtained or maintained by the department is not subject to inspection pursuant to the Inspection of Public Records Act: A. proprietary technical or business information related to the development of specific marketing or advertising campaigns for the state; and B. a consumer's individually identifiable information provided during an online, tourism-related transaction related to a product or service provided by the department or its contractors." Chapter 67 Section 2 Laws 2023 SECTION 2. Section 14-2-1 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, as amended) is amended to read: "14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.--Every person has a right to inspect public records of this state except: A. records pertaining to physical or mental examinations and medical treatment of persons confined to an institution; B. letters of reference concerning employment, licensing or permits; C. letters or memoranda that are matters of opinion in personnel files or students' cumulative files; D. portions of law enforcement records as provided in Section 14-2-1.2 NMSA 1978; E. as provided by the Confidential Materials Act; F. trade secrets; G. attorney-client privileged information; H. long-range or strategic business plans of public hospitals discussed in a properly closed meeting; I. tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack;

J. information concerning information technology systems, the publication of which would reveal specific vulnerabilities that compromise or allow unlawful access to such systems; provided that this subsection shall not be used to restrict requests for: (1) records stored or transmitted using information technology systems; (2) internal and external audits of information technology systems, except for those portions that would reveal ongoing vulnerabilities that compromise or allow unlawful access to such systems; or (3) information to authenticate or validate records received pursuant to a request fulfilled pursuant to the Inspection of Public Records Act; K. submissions in response to a competitive grant, land lease or scholarship and related scoring materials and evaluation reports until finalists are publicly named or the award is announced; and L. as otherwise provided by law." Chapter 67 Section 3 Laws 2023 SECTION 3. A new Section 14-2-1.2 NMSA 1978 is enacted to read: "14-2-1.2. LAW ENFORCEMENT RECORDS.-- A. Law enforcement records are public records, except as provided by law and this subsection, and provided that the presence of nonpublic information may be redacted from a written record or digitally obscured in a visual or audio record, including: (1) before charges are filed, names, addresses, contact information or protected personal identifier information of individuals who are victims of or non-law- enforcement witnesses to an alleged crime of: (a) assault with intent to commit a violent felony pursuant to Section 30-3-3 NMSA 1978 when the violent felony is criminal sexual penetration; (b) assault against a household member with intent to commit a violent felony pursuant to Section 30-3-14 NMSA 1978 when the violent felony is criminal sexual penetration; (c) stalking pursuant to Section 30-3A-3 NMSA 1978; (d) aggravated stalking pursuant to Section 30-3A-3.1 NMSA 1978;

(e) criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978; (f) criminal sexual contact pursuant to Section 30-9-12 NMSA 1978; or (g) sexual exploitation of children pursuant to Section 30-6A-3 NMSA 1978; (2) before charges are filed, names, addresses, contact information or protected personal identifier information of individuals who are accused but not charged with a crime; (3) visual depiction of a dead body, unless a law enforcement officer, acting in that capacity, caused or is reasonably alleged or suspected to have caused the death; (4) visual depiction of great bodily harm, as defined in Section 30-1-12 NMSA 1978, or acts of severe violence resulting in great bodily harm, unless a law enforcement officer, acting in that capacity, caused or is reasonably alleged or suspected to have caused the great bodily harm or act of severe violence; (5) visual depiction of an individual's intimate body parts, including the genitals, pubic area, anus or postpubescent female nipple, whether nude or visible through less than opaque clothing; (6) visual or audio depiction of the notification to a member of the public of a family member's death; (7) confidential sources, methods or information; or (8) records pertaining to physical or mental examination and medical treatment of persons unless the information could be relevant to a criminal investigation or an investigation of misfeasance, malfeasance or other suspected violation of law conducted by a person elected to or employed by a public body. B. A request for release of video or audio shall specify at least one of the following: (1) the computer-aided dispatch record number; (2) the police report number; (3) the date or date range with reasonable specificity and at least one of the following:

(a) the name of a law enforcement officer or first responder; (b) the approximate time; or (c) the approximate location; or (4) other criteria established and published by a law enforcement agency to facilitate access to videos. C. Except for confidential sources, methods or information, a request to view video or hear audio on-site of a public body is not subject to the restrictions in Subsections A and B of this section. Any recording or copying of video or audio from such viewing or listening is subject to the restrictions in this section. D. As used in this section, "law enforcement records" includes evidence in any form received or compiled in connection with a criminal investigation or prosecution by a law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain the information listed in this subsection; provided that the presence of such information on a law enforcement record does not exempt the record from inspection." Chapter 67 Section 4 Laws 2023 SECTION 4. Section 14-2-6 NMSA 1978 (being Laws 1993, Chapter 258, Section 3, as amended) is amended to read: "14-2-6. DEFINITIONS.--As used in the Inspection of Public Records Act: A. "custodian" means any person responsible for the maintenance, care or keeping of a public body's public records, regardless of whether the records are in that person's actual physical custody and control; B. "file format" means the internal structure of an electronic file that defines the way it is stored and used; C. "information technology systems" means computer hardware, storage media, networking equipment, physical devices, infrastructure, processes and code, firmware, software and ancillary products and services, including: (1) systems design and analysis; (2) development or modification of hardware or solutions used to create, process, store, secure or exchange electronic data; (3) information storage and retrieval systems;

(4) voice, radio, video and data communication systems; (5) network, hosting and cloud-based systems; (6) simulation and testing; (7) interactions between a user and an information system; and (8) user and system credentials; D. "inspect" means to review all public records that are not excluded in Section 14-2-1 NMSA 1978; E. "person" means any individual, corporation, partnership, firm, association or entity; F. "protected personal identifier information" means: (1) all but the last four digits of a: (a) taxpayer identification number; (b) financial account number; (c) credit or debit card number; or (d) driver's license number; (2) all but the year of a person's date of birth; (3) a social security number; and (4) with regard to a nonelected employee of a public body in the context of the person's employment, the employee's nonbusiness home street address, but not the city, state or zip code; G. "public body" means the executive, legislative and judicial branches of state and local governments and all advisory boards, commissions, committees, agencies or entities created by the constitution or any branch of government that receives any public funding, including political subdivisions, special taxing districts, school districts and institutions of higher education; H. "public records" means all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of

any public body and relate to public business, whether or not the records are required by law to be created or maintained; and I. "trade secret" means trade secret as defined in Subsection D of Section 57-3A-2 NMSA 1978." Chapter 67 Section 5 Laws 2023 SECTION 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately. LAWS 2023, CHAPTER 68 HLVMC/House Bill 255, aa Approved March 30, 2023 AN ACT RELATING TO EMPLOYEE LEASING; CODIFYING THE INSURANCE MARKET RULES APPLICABLE TO GROUP HEALTH PLANS SPONSORED BY EMPLOYEE LEASING CONTRACTORS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 68 Section 1 Laws 2023 SECTION 1. A new section of the New Mexico Insurance Code is enacted to read: "EMPLOYEE LEASING CONTRACTOR GROUP HEALTH PLAN REQUIREMENTS.-- A. A group health plan sponsored by an employee leasing contractor shall be treated as a multiple employer welfare arrangement for purposes of the Insurance Code. B. A group health plan sponsored by an employee leasing contractor shall be a fully insured plan. C. For the purposes of determining whether an employee leasing contractor is a small or large employer, the employee leasing contractor's leased workers shall be counted as employees in addition to the employee leasing contractor's employees, and when an employee leasing contractor has:

(1) at least two but not more than fifty employees, the employee leasing contractor shall be treated as a small employer pursuant to the Health Insurance Portability Act, and the group health plan that it sponsors shall be subject to the rules of the small group market, including rules applicable to the small group market by reason of the federal Patient Protection and Affordable Care Act; and (2) fifty-one or more employees, the employee leasing contractor shall be treated as a large employer pursuant to the Health Insurance Portability Act, and the group health plan that it sponsors shall be subject to the rules of the large group market, including rules applicable to the large group market by reason of the federal Patient Protection and Affordable Care Act. D. With respect to a group health plan described in this section that is subject to large group market rules, the rules shall apply to the group health plan as a whole and any rules applicable solely to other markets, such as the small group market or individual market, shall not apply to the group health plan or to any of the coverage provided by the group health plan. E. For the purposes of this section: (1) "employee leasing contractor" means any person who is registered as an employee leasing contractor pursuant to the Employee Leasing Act; (2) "individual market" means the market for health insurance coverage offered to individuals other than in connection with a group health plan; (3) "large group market" means the health insurance market under which individuals obtain health insurance coverage on behalf of themselves and their dependents through a group health plan maintained by a large employer; (4) "leased worker" means a worker provided by an employee leasing contractor who is treated as a leased worker for the purposes of the Employee Leasing Act; (5) "multiple employer welfare arrangement" means a plan for providing welfare benefits for employees of more than one employer as defined by 29 U.S.C. Section 1002; and (6) "small group market" means the health insurance market under which individuals obtain health insurance coverage through a group health plan maintained by a small employer." Chapter 68 Section 2 Laws 2023 SECTION 2. Section 59A-23-3 NMSA 1978 (being Laws 1984, Chapter 127, Section 462, as amended) is amended to read:

"59A-23-3. GROUP HEALTH INSURANCE.-- A. Group health insurance is that form of health insurance covering groups of persons, with or without their dependents, and issued upon the following basis: (1) under a policy issued to an employer, who shall be deemed the policyholder, insuring at least one employee of such employer for the benefit of persons other than the employer. The term "employees", as used in this section, includes the officers, managers and employees of the employer, leased workers if the employer is registered as an employee leasing contractor pursuant to the Employee Leasing Act, the partners, if the employer is a partnership, the officers, managers and employees of subsidiary or affiliated corporations of a corporation employer, and the individual proprietors, partners and employees of individuals and firms the business of which is controlled by the insured employer through stock ownership, contract or otherwise. The term "employer", as used in this section, includes any municipal or governmental corporation, unit, agency or department thereof and the proper officers, as such, or any unincorporated municipality or department thereof, as well as private individuals, partnerships and corporations. A small employer shall also be subject to the Small Group Rate and Renewability Act. A "small employer" means any person, firm, corporation, partnership or association actively engaged in business who, on at least fifty percent of its working days during the preceding year, employed no more than fifty eligible employees. In determining the number of eligible employees, companies that are affiliated companies or that are eligible to file a combined tax return for purposes of state taxation shall be considered one employer; (2) under a policy issued to an association, including a labor union and an agricultural association, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least twenty-five members of the association for the benefit of persons other than the association or its officers or trustees, as such; (3) under a policy issued to a cooperative; or (4) under a policy issued to any other substantially similar group that, in the discretion of the superintendent, may be subject to the issuance of a group sickness and accident policy or contract. B. Each policy, as provided by this section, shall contain in substance the following provisions: (1) a provision that the policy, the application of the policyholder, if such application or copy thereof is attached to such policy, and the individual applications, if any, submitted in connection with such policy by the employees or members, shall constitute the entire contract between the parties, and that all statements, in the absence of fraud, made by any applicant or applicants shall be deemed representations

and not warranties, and that no such statement shall void the insurance or reduce benefits thereunder unless contained in a written application for such insurance; (2) a provision that the insurer will furnish to the policyholder, for delivery to each employee or member of the insured group, an individual certificate setting forth in summary form a statement of the essential features of the insurance coverage of such employee or member and to whom benefits thereunder are payable. If dependents are included in the coverage, only one certificate need be issued for each family unit; and (3) a provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy. C. For purposes of this section only, the directors of a corporation shall be deemed to be employees of the corporation. D. For the purposes of this section, "cooperative" means a private health insurance cooperative established pursuant to Section 59A-23-11 NMSA 1978." LAWS 2023, CHAPTER 69 House Bill 267 Approved March 30, 2023 AN ACT RELATING TO DRIVER'S LICENSES; PROVIDING FOR REPORTS BY EXPERTS TO BE USED BY THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT IN ADDRESSING RESTRICTED LICENSES; REPEALING A SECTION OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 69 Section 1 Laws 2023 SECTION 1. Section 66-5-19 NMSA 1978 (being Laws 1978, Chapter 35, Section 241, as amended) is amended to read: "66-5-19. RESTRICTED LICENSES.-- A. The division, upon issuing a license, may, whenever good cause appears, impose restrictions, including the shortening of the licensure period suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle that the licensee may operate or such other restrictions

applicable to the licensee as the division determines to be appropriate to ensure the safe operation of a motor vehicle by the licensee. B. At age seventy-nine and thereafter, the applicant shall renew the applicant's license on a yearly basis at no cost to the applicant. C. The division may either issue a special restricted license or may set forth such restrictions upon the usual license form. D. The division may issue a restricted license or a restricted provisional license for driving during daylight hours only to some visually impaired persons who fail the usual eyesight test. The division shall evaluate the extent of the visual impairment and the impairment's effect on the driving ability of the applicant and the director may issue a restricted license under the following conditions: (1) the applicant has no record of moving violations; (2) the necessity of the license is shown to the satisfaction of the director; and (3) the applicant satisfies the provisions of Section 66-5-206 NMSA 1978 relating to proof of financial responsibility. E. The division may seek the advice of experts necessary to advise the division on physical and mental criteria and vision standards relating to the licensing of drivers pursuant to the Motor Vehicle Code. F. The division, having cause to believe that a licensed driver or applicant may not be physically, visually or mentally qualified to be licensed, may request a written report on a form prescribed by the division from a health care provider of the driver's or applicant's choice for consideration after the licensed driver or applicant has again undergone an on-the-road examination and any physical, visual or mental tests required by the division. These examinations and tests shall not be waived by the division. G. Reports received by the division for the purpose of assisting the division in determining whether a person is qualified to be licensed are confidential and shall be used only by the division and shall not be divulged to any person or used as evidence in a trial. H. The division may, upon receiving satisfactory evidence of any violation of the restrictions of the license, suspend the license, but the licensee is entitled to a hearing as upon a suspension under Sections 66-5-1.1 through 66-5-47 NMSA 1978 and as provided in the Administrative Hearings Office Act.

I. It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to the person." Chapter 69 Section 2 Laws 2023 SECTION 2. REPEAL.--Section 66-5-6 NMSA 1978 (being Laws 1978, Chapter 35, Section 228, as amended) is repealed. LAWS 2023, CHAPTER 70 House Bill 269, aa Approved March 30, 2023 AN ACT RELATING TO DRIVER'S LICENSES; REQUIRING THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT TO USE REPORTS FROM THE FEDERAL COMMERCIAL DRIVER'S LICENSE DRUG AND ALCOHOL CLEARINGHOUSE IN ISSUING, RENEWING, UPGRADING, DOWNGRADING AND TRANSFERRING COMMERCIAL DRIVER'S LICENSES OR COMMERCIAL LEARNER'S PERMITS; PROVIDING CONTENT TO BE INCLUDED ON COMMERCIAL LEARNER'S PERMITS AND COMMERCIAL DRIVER'S LICENSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 70 Section 1 Laws 2023 SECTION 1. A new section of the New Mexico Commercial Driver's License Act is enacted to read: "COMMERCIAL DRIVER'S LICENSE, COMMERCIAL LEARNER'S PERMIT AND COMMERCIAL DRIVER'S PERMIT ELIGIBILITY--DIVISION TO RECEIVE RECORDS FROM THE FEDERAL COMMERCIAL DRIVER'S LICENSE DRUG AND ALCOHOL CLEARINGHOUSE--COMMERCIAL DRIVER'S LICENSE DOWNGRADE PROCEDURES.-- A. As used in this section: (1) "commercial driver's license downgrade" means the division's removal of the commercial driver's license or commercial driver's permit privilege from a driver's license; (2) "commercial driver's license drug and alcohol clearinghouse" means the federal motor carrier safety administration database that requires employers and

service agents to report information to and to query regarding drivers who are subject to United States department of transportation controlled substance and alcohol testing regulations; (3) "qualified" means the passage of the drug or alcohol test; and (4) "not qualified" means a failure or refusal of the drug or alcohol test. B. The division shall request all commercial driver's drug test results from the commercial driver's license drug and alcohol clearinghouse that determine whether the commercial driver is qualified or not qualified as required by the federal motor carrier safety administration. Pursuant to this section, if a commercial driver's drug or alcohol test results indicate that the commercial driver is prohibited from operating a commercial motor vehicle, the division shall refuse a request for: (1) issuance or renewal of a commercial learner's permit or a commercial driver's license; (2) an upgrade of a commercial learner's permit to a commercial driver's license; and (3) transfer of an out-of-state commercial driver's license to this state. C. The division shall request commercial driver's license drug and alcohol clearinghouse records of an applicant for a commercial driver's license at the time of application. Pursuant to this subsection, if the records indicate that the commercial driver's license applicant is prohibited from operating a commercial motor vehicle, the division shall refuse to: (1) renew the commercial driver's license or H endorsement; (2) advance a commercial driver's permit; (3) issue an upgrade of the commercial driver's license to include an H endorsement; and (4) issue, renew, transfer or upgrade a non-domiciled commercial driver's permit or commercial driver's license. D. The division shall downgrade a commercial driver's license or commercial driver's permit to a class D noncommercial license upon receiving a commercial driver's license drug and alcohol clearinghouse record that indicates that a commercial driver's license or commercial driver's permit holder is prohibited from operating a commercial motor vehicle. The division shall complete the downgrade and enter it on the commercial driver's license information system driver record within sixty days of the division's receipt of the drug and alcohol clearinghouse record.

E. The division shall amend a driver's eligibility to operate a commercial motor vehicle if the division finds that a condition resulting in a restriction on a commercial driver's license or a commercial learner's permit no longer exists or was erroneous. Pursuant to this subsection, the division shall: (1) terminate the commercial driver's license downgrade process without removing the commercial driver's license or commercial learner's permit privilege from the driver's license if the division finds that the commercial driver's license or commercial learner's permit holder is no longer prohibited from operating a commercial motor vehicle; (2) allow reinstatement of a commercial driver's license or commercial learner's permit privilege to the driver's license of a downgraded driver record upon notification from the federal motor carrier safety administration that the driver is no longer prohibited from operating a commercial motor vehicle; or (3) reinstate a commercial driver's license or commercial learner's permit privilege to the driver's license, expunge a commercial driver's license downgrade from the commercial driver's license information system driver record and, if applicable, expunge from the motor vehicle record any reference to prohibited status upon notice from the federal motor carrier safety administration that the driver was erroneously identified as prohibited from operating a commercial motor vehicle." Chapter 70 Section 2 Laws 2023 SECTION 2. Section 65-3-14 NMSA 1978 (being Laws 2007, Chapter 151, Section 1, as amended) is amended to read: "65-3-14. DRUG AND ALCOHOL TESTING PROGRAM--REPORT OF POSITIVE TEST.-- A. A motor carrier shall have an in-house drug and alcohol testing program that meets the requirements of 49 C.F.R. part 382 or be a member of a consortium, as defined in 49 C.F.R. part 382.107, that provides testing that meets the requirements of 49 C.F.R. part 382. B. A person or entity specified in 49 C.F.R. part 382.103, who is not explicitly excepted by New Mexico law, is subject to the provisions of this section and shall report positive test results or a refusal to submit to a test pursuant to provisions in this section. A refusal to submit to a pre-employment test shall not be considered a violation of this section. C. When a person or entity specified in 49 C.F.R. part 382.103 determines that a positive test result is valid, the person or entity shall report the findings to the motor vehicle division of the taxation and revenue department. The motor vehicle division shall enter the report of a positive test result or refusal to submit to a test on the

reported person's motor vehicle record so that it can be contained in the commercial driver's license information system pursuant to the New Mexico Commercial Driver's License Act. D. The division shall keep the report of a positive test result or the refusal to submit to a test in the motor vehicle record of the driver for five years from the time the report was received by the motor vehicle division. E. The division shall seek reports from the federal commercial driver's license drug and alcohol clearinghouse for actions relating to commercial driver's licenses or commercial driver's permits." Chapter 70 Section 3 Laws 2023 SECTION 3. Section 66-5-64 NMSA 1978 (being Laws 1989, Chapter 14, Section 13, as amended) is amended to read: "66-5-64. COMMERCIAL DRIVER'S LICENSE AND COMMERCIAL LEARNER'S PERMIT--CONTENT.--The commercial driver's license shall be marked "commercial driver's license" or "CDL". The commercial learner's permit shall be marked "commercial learner's permit" or "CLP", and shall state: "This permit is invalid unless accompanied by a New Mexico driver's license.". A commercial driver's license or commercial learner's permit shall include, but not be limited to, the following information: A. the person's name and current New Mexico physical address; B. the person's full face or front-view color photograph; C. a physical description of the person, including sex, height, weight and eye color; D. the person's date of birth; E. the person's signature; F. the class or type of commercial motor vehicle that the person is authorized to drive, together with any endorsements or restrictions; G. the name of this state; and H. the dates between which the license or permit is valid." Chapter 70 Section 4 Laws 2023 SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2024.

LAWS 2023, CHAPTER 71 House Bill 270 Approved March 30, 2023 AN ACT RELATING TO MOTOR VEHICLES; AMENDING SECTION 66-7-401 NMSA 1978 (BEING LAWS 1978, CHAPTER 35, SECTION 472) TO AUTHORIZE THE SECRETARY OF TRANSPORTATION TO ISSUE ORDERS SUSPENDING OR MODIFYING THE REQUIREMENTS FOR VEHICULAR SIZE, WEIGHT AND LOAD PURSUANT TO CHAPTER 66, ARTICLE 7 NMSA 1978 FOR THE DURATION OF A NATIONAL EMERGENCY DECLARED PURSUANT TO FEDERAL LAW OR AN EMERGENCY DECLARED BY THE GOVERNOR PURSUANT TO THE EMERGENCY POWERS CODE; PROVIDING THAT THE ORDERS ARE REQUIRED TO BE PUBLISHED ON THE DEPARTMENT OF TRANSPORTATION'S WEBSITE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 71 Section 1 Laws 2023 SECTION 1. Section 66-7-401 NMSA 1978 (being Laws 1978, Chapter 35, Section 472) is amended to read: "66-7-401. SCOPE AND EFFECT.-- A. It is a misdemeanor for any person to drive or move or for the owner, lessee or other person directing the operation to cause or permit to be driven or moved on any highway any vehicle of a size or weight exceeding the limitations stated in Sections 66-7-401 through 66-7-416 NMSA 1978 or otherwise in violation of those sections, and the maximum size and weight of vehicles herein specified shall be lawful throughout this state, and local authorities shall have no power or authority to alter the limitations except as express authority may be granted in Sections 66-7-401 through 66- 7-416 NMSA 1978. B. The provisions of Sections 66-7-401 through 66-7-416 NMSA 1978 governing size, weight and load shall not apply to fire apparatus, road machinery engaged in highway construction or maintenance or to implements of husbandry, including farm tractors, temporarily moved upon a highway or to a vehicle operated under the terms of a special permit issued as herein provided. C. Upon the declaration of a national emergency pursuant to federal law or a declaration by the governor of an emergency pursuant to the Emergency Powers Code, the secretary of transportation may issue an order suspending or modifying the requirements for vehicular size, weight and load pursuant to Sections 66-7-401 through

66-7-416 NMSA 1978 for the duration of the emergency; provided that the order shall be published on the department of transportation's website." Chapter 71 Section 2 Laws 2023 SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 72 House Bill 280, aa Approved March 30, 2023 AN ACT RELATING TO HIGHER EDUCATION; PROVIDING FOR THE ESTABLISHMENT OF TWO AMERICAN INDIAN EDUCATION TECHNICAL ASSISTANCE CENTERS IN THE STATE; PROVIDING POWERS AND DUTIES; REQUIRING REQUESTS FOR PROPOSALS FOR THE OPERATION OF THE CENTERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 72 Section 1 Laws 2023 SECTION 1. A new section of Chapter 21 NMSA 1978 is enacted to read: "AMERICAN INDIAN EDUCATION TECHNICAL ASSISTANCE CENTERS-- HIGHER EDUCATION DEPARTMENT TO ESTABLISH--PROCUREMENT FOR CENTERS' OPERATIONS--POWERS AND DUTIES.-- A. The higher education department shall establish two American Indian education technical assistance centers to provide technical assistance and support for tribal education departments and tribal communities, with a primary focus on American Indian students' education and success, while also working in partnership with the higher education department, the public education department and the early childhood education and care department to support: (1) the development of culturally relevant and linguistically appropriate curriculum and instructional materials; (2) career pathways for American Indian educators; (3) professional development opportunities for licensed school employees and school administrators in culturally and linguistically relevant pedagogy;

(4) education policy developments and capacity building for tribal communities; (5) collaboration with state education agencies on tribal-related programs to help agencies with outreach, recommend indigenous educators, scholars and professionals as consultants to tribal programs and participate in funding applications to support the technical assistance centers and other statewide indigenous education efforts; (6) collaboration with institutions serving American Indian students, including school districts, charter schools, early childhood centers and programs, bureau of Indian education schools and public and tribal higher education institutions; and (7) additional responsibilities or duties related to American Indian education or vocational support determined by consultation among the various stakeholders. B. Two American Indian education technical assistance centers in geographically distinct regions of the state shall serve all American Indian students and federally recognized Indian nations, tribes and pueblos located wholly or partially in New Mexico. The higher education department shall seek tribal input and feedback from the public education department and the early childhood education and care department for the preparation of a request for proposals to operate a center and provide the services specified in the request for proposals, including the: (1) types of technical assistance provided to institutions serving American Indian students, including school districts, charter schools, early childhood centers, homes and programs, bureau of Indian education schools, public and tribal higher education institutions, tribally operated departments and tribal governments; and (2) partnerships the centers propose to develop, including with state agencies, school districts, charter schools, early education centers, homes and programs, bureau of Indian education schools, federally recognized Indian nations, tribes and pueblos and public and tribal higher education institutions. C. The higher education department's request for proposals shall prioritize applications from tribal colleges and universities in New Mexico, American Indian programs at New Mexico public higher education institutions and tribally controlled institutions and entities with demonstrated experience and knowledge of working with American Indian students and federally recognized Indian nations, tribes and pueblos located wholly or partially in New Mexico and include how a center is expected to: (1) set goals, objectives and benchmarks;

(2) provide annual reports on the progress and status of projects undertaken to be made available to the higher education department, which will then distribute the reports to appropriate agencies, the governor's office and the legislature; and (3) report contracting and financial accounting information to the department in the form required by the higher education department." LAWS 2023, CHAPTER 73 HTPWC/House Bill 287, aa Approved March 30, 2023 AN ACT RELATING TO MOTOR VEHICLES; ENACTING NEW SECTIONS OF THE MOTOR VEHICLE CODE TO ESTABLISH A SPECIAL LICENSE PLATE TO SUPPORT DRIVER SAFETY AWARENESS AND REMIND DRIVERS TO LOOK TWICE FOR MOTORCYCLES AND CREATE A NEW MEXICO MINERS SPECIAL LICENSE PLATE; ALLOWING FOR A CESSATION OF ISSUANCE OF SPECIAL LICENSE PLATES UNDER CERTAIN CIRCUMSTANCES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 73 Section 1 Laws 2023 SECTION 1. A new section of the Motor Vehicle Code is enacted to read: "SPECIAL LOOK TWICE FOR MOTORCYCLES REGISTRATION PLATE.-- A. The division shall issue a standardized look twice for motorcycles special registration plate with a logo designed pursuant to Section 66-3-424 NMSA 1978 indicating that the recipient supports driver safety awareness for those who share the road and remind drivers to look twice for motorcycles. B. For an initial fee of forty-five dollars ($45.00) that shall be in addition to the regular motor vehicle registration fees, the owner of a motor vehicle may apply for issuance of a look twice for motorcycles safety awareness special registration plate. The vehicle owner shall pay a renewal fee of fifteen dollars ($15.00) each year to retain and renew the look twice for motorcycles special registration plate. C. The revenue from the additional fee for a look twice for motorcycles safety awareness special registration plate shall be distributed as follows:

(1) twelve dollars ($12.00) of the initial fee collected shall be retained by and is appropriated to the department to defray the cost of making and issuing the special registration plate with the look twice for motorcycles logo; and (2) thirty-three dollars ($33.00) of the initial registration fee and the entire fifteen dollars ($15.00) of subsequent renewal fees shall be distributed and are appropriated to the motorcycle training fund for the department of transportation to provide driver awareness education and motorcycle training statewide. D. Beginning on July 1, 2026, and on July 1 of each subsequent year, the department shall compare the number of look twice for motorcycles safety awareness special registration plates issued or registration renewals for those plates in the previous fiscal year with the average of the number of those plates issued in fiscal years 2024 and 2025. E. By September 1 of a fiscal year in which the department determines that the number of look twice for motorcycles safety awareness special registration plates issued or registration renewals for those plates in the previous fiscal year is less than fifty percent of the average number of those plates issued in fiscal years 2024 and 2025, the department shall stop issuing look twice for motorcycles special registration plates." Chapter 73 Section 2 Laws 2023 SECTION 2. A new section of the Motor Vehicle Code is enacted to read: "NEW MEXICO MINERS SPECIAL REGISTRATION PLATE.-- A. The division shall issue a standardized special registration plate with a logo as specified in Section 66-3-424 NMSA 1978 commemorating New Mexico miners. B. For an initial fee of twenty dollars ($20.00), which shall be in addition to the regular motor vehicle registration fees, a motor vehicle owner may apply for issuance of a New Mexico miners special registration plate. The owner shall pay a renewal fee of twenty dollars ($20.00) each year to retain and renew the New Mexico miners special registration plate. C. Revenue from the fees imposed by Subsection B of this section for a New Mexico miners special registration plate shall be distributed as follows: (1) twelve dollars ($12.00) of the initial fee collected shall be retained by the department and is appropriated to the department for the manufacture and issuance of the special registration plates; and

(2) eight dollars ($8.00) of the initial fee and the entire renewal fee collected shall be distributed to the miners' hospital of New Mexico to be used for chronic illness research. D. Beginning on July 1, 2026, and on July 1 of each subsequent year, the department shall compare the number of New Mexico miners special registration plates issued or registration renewals for those plates in the previous fiscal year with the average of the number of those plates issued in fiscal years 2024 and 2025. E. By September 1 of a fiscal year in which the department determines that the number of New Mexico miners special registration plates issued or registration renewals for those plates in the previous fiscal year is less than fifty percent of the average number of those plates issued in fiscal years 2024 and 2025, the department shall stop issuing New Mexico miners special registration plates." Chapter 73 Section 3 Laws 2023 SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 74 House Bill 314, aa Approved March 30, 2023 AN ACT RELATING TO CRIMINAL RECORD EXPUNGEMENT; APPLYING AUTOMATIC EXPUNGEMENT TO RECORDS INVOLVING ONLY CANNABIS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 74 Section 1 Laws 2023 SECTION 1. Section 29-3A-8 NMSA 1978 (being Laws 2021 (1st S.S.), Chapter 3, Section 5) is amended to read: "29-3A-8. EXPUNGEMENT OF ARREST AND CONVICTION RECORDS-- PROCEDURE.-- A. If a person was charged with an offense involving cannabis that is no longer a crime on June 29, 2021 or that would have resulted in a lesser offense if the Cannabis Regulation Act had been in effect at the time of the offense, whether or not the person is convicted, all public records held by a court or an agency of the state or a local jurisdiction that relate to the person's arrest or conviction shall be automatically

expunged two years after the date of the person's conviction or the date of the person's arrest if there was no conviction. If the person is or was under eighteen years of age at the time of the arrest or conviction, the public records under this section shall be retained for two years or until the person is eighteen years of age, whichever comes first, and shall then be automatically expunged. Automatic expungement under this section applies to public records involving only cannabis and cannabis paraphernalia charges and requires destruction of the records. B. The administrative office of the courts shall implement a procedure allowing persons charged with offenses eligible for automatic expungement under this section to verify whether automatic expungement has occurred and request expedited automatic expungement if eligible charges have not yet been expunged. C. If an arrest or conviction involved cannabis and non-cannabis charges, a person may request expungement of eligible cannabis charges as defined in Subsection A of this section by the administrative office of the courts through the procedure implemented in Subsection B of this section. D. Requests for expungement to the administrative office of the courts from persons charged with offenses eligible for automatic expungement shall remain confidential and are not subject to disclosure." LAWS 2023, CHAPTER 75 HJC/House Bill 337 Approved March 30, 2023 AN ACT RELATING TO THE EARLY CHILDHOOD EDUCATION AND CARE DEPARTMENT; PROVIDING DEFINITIONS; EXPANDING DEPARTMENT DUTIES ON CONDUCTING BACKGROUND CHECKS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 75 Section 1 Laws 2023 SECTION 1. Section 9-29-2 NMSA 1978 (being Laws 2019, Chapter 48, Section 2) is amended to read: "9-29-2. DEFINITIONS.--As used in the Early Childhood Education and Care Department Act: A. "child" means a person from birth to age five or, where the context otherwise provides, to age eight or thirteen;

B. "child care home program" means the program developed by the department to license or register homes or residences to provide child care services to children, including those defined in Section 32A-23C-2 NMSA 1978. A home may be registered or licensed pursuant to the Early Childhood Education and Care Act and through department rules; C. "department" means the early childhood education and care department; D. "department-contracted providers" means individuals or entities that enter into contracts with the department to provide child care services, federal Individuals with Disabilities Education Act, Part C, early intervention services, home visiting services or pre-kindergarten services or those under contract with the department that have access to child and family personal and confidential information; E. "licensed child care center" means a nonresidential facility that meets the applicable state and local building and safety codes and provides care and services to and supervision of children for less than twenty-four hours of any day; F. "licensed child care facility" means a licensed child care center, licensed group child care home, licensed family child care home or licensed out-of-school time program; G. "licensed family child care home" means a private dwelling in which the licensee resides and is the primary educator that provides care and services to and supervision of children as part of the child care home program for a period of less than twenty-four hours of any day for no more than six children; H. "licensed group child care home" means a home in which the licensee resides and is the primary educator that provides care and services to and supervision of children as part of the child care home program for at least seven but no more than twelve children; I. "licensed out-of-school time program" means a school-age person program at a specific site, usually a school or community center, offering on a consistent basis a variety of developmentally appropriate activities that are both educational and recreational; J. "registered child care home" or "registration" means an independent primary caregiver who has registered the independent primary caregiver's home or residence with the department to provide care and services to and supervision of children as part of the child care home program for a period of less than twenty-four hours of any day for no more than four children. A registered child care home may participate in the child and adult care food program or participate in the child care assistance program; and K. "secretary" means the secretary of early childhood education and care."

Chapter 75 Section 2 Laws 2023 SECTION 2. Section 9-29-8.1 NMSA 1978 (being Laws 2022, Chapter 30, Section 4) is amended to read: "9-29-8.1. CRIMINAL HISTORY INVESTIGATIONS--PROCEDURES-- CONFIDENTIALITY--VIOLATION--PENALTY.-- A. To investigate the suitability of an applicant for licensure as a licensed child care facility, registration as a child care home program or for employment or volunteering at a licensed child care facility or registered child care home, including any facility or program that has primary custody of infants, toddlers and children for twenty hours or more per week, or for employees and volunteers of department-contracted providers, the department shall have access to criminal history records information furnished by the department of public safety and the federal bureau of investigation, subject to any restrictions imposed by federal law. B. An applicant for a child care facility license or registration or for employment or volunteering at a licensed child care facility or registered child care home or employees and volunteers of department-contracted providers shall undergo a state and national criminal history records check, and the applicant shall submit an electronic set of fingerprints to the department of public safety for that purpose. The department of public safety shall conduct a check of state criminal history records and forward the fingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal history records check in accordance with rules of the department of public safety and regulations of the federal bureau of investigation. The department of public safety shall review the information obtained from the criminal history records check and shall compile and provide that information to the early childhood education and care department. The early childhood education and care department shall use the information to investigate and determine whether an applicant is qualified to hold a license or an employment or volunteer position. The department shall promulgate rules for the investigation and determination of qualifications. C. Criminal history information obtained by the department is confidential and shall be used only for the purpose of determining the suitability for licensure, employment or volunteer service and shall not be disclosed to anyone other than public employees directly involved in the decision affecting the applicant. D. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31- 19-1 NMSA 1978."

Chapter 75 Section 3 Laws 2023 SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 76 House Bill 360, aa Approved March 30, 2023 AN ACT RELATING TO MOTOR VEHICLES; PROVIDING FOR THE ISSUANCE OF A SPECIAL SUPPORT FOR THE NATIONAL FFA ORGANIZATION REGISTRATION PLATE; ALLOWING FOR THE CESSATION OF SPECIAL LICENSE PLATES UNDER CERTAIN CIRCUMSTANCES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 76 Section 1 Laws 2023 SECTION 1. A new section of the Motor Vehicle Code is enacted to read: "SPECIAL SUPPORT FOR THE NATIONAL FFA ORGANIZATION REGISTRATION PLATE.-- A. The division shall issue a standardized special registration plate with a logo specified in Section 66-3-424 NMSA 1978 indicating support for the national FFA organization. B. For a fee of thirty-five dollars ($35.00), which shall be in addition to the regular motor vehicle registration fees, the owner of a vehicle may apply for issuance of a special support for the national FFA organization registration plate. The owner shall apply and pay a fee of twenty-five dollars ($25.00) each year to retain and renew the special support for the national FFA organization registration plate. C. Revenue from the additional fees for a special support for the national FFA organization registration plate shall be distributed as follows: (1) twelve dollars ($12.00) of the initial fee collected shall be retained by and is appropriated to the department to defray the cost of making and issuing the special registration plate with the support for the national FFA logo; and (2) twenty-three dollars ($23.00) of the initial fee and all of the fee for retention and renewal shall be distributed and is appropriated to the board of regents of

New Mexico state university for the New Mexico department of agriculture to fund statewide programs for active national FFA chapters. D. Beginning on July 1, 2026, and on July 1 of each subsequent year, the department shall compare the number of the special support for the national FFA organization registration plates issued or renewed in the previous fiscal year with the average of the number of such plates issued in fiscal years 2024 and 2025. E. By September 1 of a fiscal year in which the department determines that the number of special support for the national FFA organization registration plates issued or renewed in the previous fiscal year is less than fifty percent of the average number of such plates issued in fiscal years 2024 and 2025, the department shall stop issuing special support for the national FFA organization registration plates." Chapter 76 Section 2 Laws 2023 SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 77 HCEDC/House Bill 364 Approved March 30, 2023 AN ACT RELATING TO ALCOHOLIC BEVERAGES; AMENDING THE REQUIREMENTS FOR AN ALCOHOLIC BEVERAGE DELIVERY PERMIT; MAKING THE REQUIREMENTS GENERALLY APPLICABLE TO LICENSE HOLDERS; PROHIBITING THE ACCEPTANCE OF ADVERTISING MONEY TO PREFERENTIALLY LIST A PRODUCT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 77 Section 1 Laws 2023 SECTION 1. Section 60-6A-37 NMSA 1978 (being Laws 2021, Chapter 7, Section 4) is amended to read: "60-6A-37. ALCOHOLIC BEVERAGE DELIVERY PERMIT--THIRD-PARTY DELIVERY LICENSE.-- A. A person otherwise qualified pursuant to the provisions of the Liquor Control Act may apply for and the department may issue an alcoholic beverage delivery permit authorizing the person to deliver alcoholic beverages if:

(1) the applicant holds a valid retailer's, dispenser's, craft distiller's, winegrower's, small brewer's or restaurant license; (2) the liquor liability endorsement required pursuant to Paragraph (2) of Subsection H of this section is in an amount of not less than five million dollars ($5,000,000); and (3) the license holder agrees not to accept advertising money to preferentially list a product in the license holder's delivery ordering system; provided that this paragraph shall not apply to internal promotions sponsored by the license holder. B. An alcoholic beverage delivery permit issued to a valid restaurant licensee shall only convey the authority to deliver alcoholic beverages concurrently with the delivery of a minimum of ten dollars ($10.00) worth of food; provided that under no circumstances shall the delivery of alcoholic beverages be more than seven hundred fifty milliliters of wine, six twelve-ounce containers of prepackaged wine, beer, cider or spirituous liquors or one locally produced growler. C. An alcoholic beverage delivery permit is not transferable from person to person or from one location to another. D. An alcoholic beverage delivery permit issued pursuant to this section is valid for one year from the date of issuance. An alcoholic beverage delivery permittee may renew an alcoholic beverage delivery permit annually as required by the department. E. The director shall promulgate rules to implement the provisions of this section, which shall include the following requirements and restrictions: (1) an alcoholic beverage delivery permittee shall deliver alcoholic beverages only in unbroken packages or growlers; (2) payment for alcoholic beverages shall be received only at the licensed premises of the selling licensee personally or by other means, including telephonically, electronically, via website, application or internet platform; (3) a licensee shall not change the price charged for an alcoholic beverage because that beverage is purchased for delivery; provided that a separate fee may be charged for delivery; and further provided that the fee shall be disclosed to the customer at the time of the purchase; (4) deliveries of alcoholic beverages shall occur only during the hours the selling licensee is authorized to sell alcoholic beverages;

(5) an alcoholic beverage delivery permittee shall not deliver an alcoholic beverage to a business, a commercial establishment, a college or university campus or a school campus that is not a home school; (6) an alcoholic beverage delivery permittee delivering alcoholic beverages shall use an identification verification system that meets the department's requirements to obtain valid proof of the recipient's identity and age; (7) deliveries of alcoholic beverages shall not be made to an intoxicated person in violation of Section 60-7A-16 NMSA 1978 or to a minor in violation of Section 60-7B-1 NMSA 1978; (8) while delivering alcoholic beverages, an alcoholic beverage delivery permittee shall have in the permittee's possession only alcoholic beverages that have been purchased for delivery; and (9) while delivering alcoholic beverages, an alcoholic beverage delivery permittee shall have in the permittee's possession the original or an electronic or physical copy of the permittee's alcoholic beverage delivery permit. F. A licensee that holds an alcoholic beverage delivery permit issued pursuant to this section may utilize an employee who is at least twenty-one years of age and who holds a valid server permit to deliver alcoholic beverages. G. A licensee that holds an alcoholic beverage delivery permit issued pursuant to this section may contract with a third-party alcohol delivery service licensed by the department; provided that the licensee, the third-party alcohol delivery service and the server who delivers alcohol may be separately liable for violations of the Liquor Control Act, including for the delivery of alcohol to an intoxicated person or to a minor. H. The department, by rule, shall create a third-party alcohol delivery permit and, at a minimum, condition the issuance of a third-party alcohol delivery permit on: (1) requiring that all delivery employees or independent contractors of the third-party alcohol delivery service hold a valid New Mexico alcohol server permit; and (2) requiring proof of general liability insurance coverage with a liquor liability endorsement in an amount not less than one million dollars ($1,000,000) per occurrence, which endorsement shall provide coverage for employees or independent contractors of the third-party alcohol delivery service. I. A person, company or licensee that wishes to deliver retail sales of alcohol in New Mexico on behalf of valid retailer's, dispenser's, craft distiller's, winegrower's, small brewer's or restaurant licensees that also hold a valid alcoholic beverage delivery permit shall obtain a third-party alcohol delivery license from the department.

J. An applicant for a third-party alcohol delivery license is required to be authorized to do business in this state, may not share in the profits of the sale of alcohol with a licensee and may only charge a delivery fee that is disclosed to the buyer at the time of sale. K. A third-party alcohol delivery licensee shall not have the ability to buy, hold or deliver alcohol under its own license but to only allow for delivery of alcohol from a licensed premises and from a qualified licensee with a valid alcoholic beverage delivery permit to the buyer. L. A third-party alcohol delivery licensee shall be independently liable for the delivery of alcoholic beverages to an intoxicated person or to a minor or for any violation of the Liquor Control Act and be subject to suspension, revocation or administrative fine pursuant to Sections 60-6C-1 through 60-6C-6 NMSA 1978. M. A third-party alcohol delivery license shall be valid for one year and may be renewed." LAWS 2023, CHAPTER 78 House Bill 389, aa Approved March 30, 2023 AN ACT RELATING TO IDENTIFICATION CARDS; REMOVING THE FEE REQUIREMENT FOR ISSUANCE OF AN IDENTIFICATION CARD TO A HOMELESS INDIVIDUAL. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 78 Section 1 Laws 2023 SECTION 1. Section 66-5-408 NMSA 1978 (being Laws 1978, Chapter 35, Section 335, as amended) is amended to read: "66-5-408. FEES.-- A. Upon application for an identification card with a four-year term, there shall be paid to the department a fee of five dollars ($5.00). Upon application for an identification card with an eight-year term, there shall be paid to the department a fee of ten dollars ($10.00). A fee shall not be charged to an applicant for an identification card if the applicant is at least seventy-five years of age or a homeless individual. B. The department with the approval of the governor may increase the amount of the identification card fee by an amount not to exceed three dollars ($3.00) for the purpose of implementing an enhanced licensing system; provided that for an

identification card issued for an eight-year period, the amount of the fee shall be twice the amount charged for other identification cards. The additional amounts collected pursuant to this subsection are appropriated to the department to defray the expense of the new system of licensing and for use as set forth in the provisions of Subsection F of Section 66-6-13 NMSA 1978. Unexpended and unencumbered balances from fees collected pursuant to the provisions of this subsection at the end of any fiscal year shall not revert to the general fund but shall be expended by the department in fiscal year 2010 and subsequent fiscal years. C. As used in this section, "homeless individual" means an individual: (1) who lacks a fixed, regular and adequate nighttime residence, including an individual who: (a) lives in the housing of another person due to that individual's loss of housing, economic hardship or other reason related to that individual's lack of a fixed residence; (b) lives in a motel, hotel, trailer park or camping ground due to the lack of alternative adequate accommodations; (c) lives in an emergency or transitional shelter; (d) sleeps in a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or (e) lives in an automobile, a park, a public space, an abandoned building, substandard housing, a bus station, a train station or a similar setting; and (2) whose homelessness can be verified through an attestation, which shall not be required to be notarized, by one of the following: (a) a public or private governmental or nonprofit agency that provides services to homeless individuals; (b) a local education agency homeless liaison, school counselor or school nurse; (c) a social worker licensed in the state; or (d) the homeless individual." LAWS 2023, CHAPTER 79 House Bill 411, aa Approved March 30, 2023

AN ACT RELATING TO PROFESSIONAL LICENSURE; AMENDING THE ENGINEERING AND SURVEYING PRACTICE ACT; REVISING REQUIREMENTS FOR CERTIFICATION AS AN ENGINEER INTERN; REVISING LICENSURE REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS; PROVIDING FOR APPLICATION DENIAL; ALLOWING FOR NOTIFICATION OF ENGINEERING AND SURVEYING LICENSURE AND RENEWAL FEES BY MAIL OR OTHER MEANS; REVISING THE EXEMPTIONS FOR THE INCIDENTAL PRACTICE OF ENGINEERING AND SURVEYING; EXTENDING THE TERMINATION DATE OF THE STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS; RAISING THE ANNUAL FUNDING AMOUNT FOR THE ENGINEERING AND SURVEYING SUPPORT PROGRAM. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 79 Section 1 Laws 2023 SECTION 1. Section 61-23-3 NMSA 1978 (being Laws 1987, Chapter 336, Section 3, as amended) is amended to read: "61-23-3. DEFINITIONS.--As used in the Engineering and Surveying Practice Act: A. "approved" means acceptable to the board; B. "authorized company officer" means an employee of a business entity duly authorized by the business entity to contractually obligate the business entity; C. "board" means the state board of licensure for professional engineers and professional surveyors; D. "business entity" means a corporation, professional corporation, limited liability corporation, professional limited liability corporation, general partnership, limited partnership, limited liability partnership, professional limited liability partnership, a joint stock association or any other form of business, whether or not for profit; E. "conviction" means a final adjudication of guilt, whether pursuant to a plea of nolo contendere or otherwise and whether or not the sentence is deferred or suspended; F. "engineer" means a person who has completed engineering education and has training and experience in the application of engineering principles and the interpretation of engineering data;

G. "engineering accreditation commission" means the engineering accreditation commission of the accreditation board for engineering and technology, incorporated, or any successor commission or organization; H. "engineering" or "practice of engineering" means any creative or engineering work that requires engineering education, training and experience in the application of engineering principles and the interpretation of engineering data to such creative work as consultation, investigation, forensic investigation, evaluation, planning and design of engineering works and systems, expert technical testimony, engineering studies and the review of construction for the purpose of ensuring substantial compliance with drawings and specifications; any of which embrace such creative work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, chemical, pneumatic, environmental or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of engineering work. The "practice of engineering" may include the use of photogrammetric methods to derive topographical and other data. The "practice of engineering" does not include responsibility for the supervision of construction, site conditions, operations, equipment, personnel or the maintenance of safety in the workplace; I. "engineering committee" means a committee of the board entrusted to implement all business of the Engineering and Surveying Practice Act as it pertains to the practice of engineering, including the promulgation and adoption of rules of professional responsibility for professional engineers exclusive to the practice of engineering; J. "engineer intern" means a person who has qualified for, taken and passed an examination in fundamental engineering subjects; K. "fund" means the professional engineers' and surveyors' fund; L. "incidental practice" means the performance of other professional services that are related to a licensee's work as an engineer; M. "person" means an individual or business entity; N. "professional development" means education by a licensee in order to maintain, improve or expand skills and knowledge obtained prior to initial licensure or to develop new and relevant skills and knowledge to maintain licensure; O. "professional engineer", "consulting engineer", "licensed engineer" or "registered engineer" means a person who has been licensed as a professional engineer by the board;

P. "responsible charge" means responsibility for the direction, control and supervision of engineering or surveying work, as the case may be, to ensure that the work product has been critically examined and evaluated for compliance with appropriate professional standards by a licensee in that profession, and by sealing or signing the documents, the professional engineer or professional surveyor accepts responsibility for the engineering or surveying work, respectively, represented by the documents and that applicable engineering or surveying standards have been met; Q. "surveying" or "practice of surveying" means any service or work, the substantial performance of which involves the application of the principles of mathematics and the related physical and applied sciences for: (1) the measuring and locating of lines, angles, elevations and natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds or bodies of water for the purpose of defining location, areas and volumes; (2) the monumenting of property boundaries and for the platting and layout of lands and subdivisions; (3) the application of photogrammetric methods used to derive topographic and other data; (4) the establishment of horizontal and vertical controls that will be the basis for all geospatial data used for future design surveys, including construction staking surveys, surveys to lay out horizontal and vertical alignments, topographic surveys, control surveys for aerial photography for the collection of topographic and planimetric data using photogrammetric methods and construction surveys of engineering and architectural public works projects; (5) the preparation and perpetuation of maps, records, plats, field notes, easements and property descriptions; and (6) the depiction and transmittal by paper or digital means of any digital geospatial data for use in geographic information systems or land information systems that purports to be the authoritative location of points or features of a survey regulated by the Engineering and Surveying Practice Act, but excludes data used solely for a cadastre, such as assessment and tax mapping purposes, or general representations of surveyed or historic data used for mapping purposes, such as land parcels and built infrastructure; R. "surveying committee" means a committee of the board entrusted to implement all business of the Engineering and Surveying Practice Act as it pertains to the practice of surveying, including the promulgation and adoption of rules of professional responsibility for professional surveyors exclusive to the practice of surveying;

S. "surveyor", "professional surveyor", "licensed surveyor" or "registered surveyor" means a person who is licensed as a professional surveyor by the board and who is a professional specialist qualified to practice surveying by reason of the person's education in the principles of mathematics and the related physical and applied sciences requisite to surveying of real property; T. "surveyor intern" means a person who is certified as a surveyor intern by the board and who has qualified for, taken and passed an examination in the fundamentals of surveying subjects; U. "surveying work" means the work performed in the practice of surveying; and V. "supplemental surveying work" means surveying work performed in order to densify, augment and enhance previously performed survey work or site information but excludes the surveying of real property for the establishment of land boundaries, rights of way and easements and the dependent or independent surveys or resurveys of the public land system." Chapter 79 Section 2 Laws 2023 SECTION 2. Section 61-23-14 NMSA 1978 (being Laws 1993, Chapter 218, Section 11, as amended) is amended to read: "61-23-14. CERTIFICATION AS AN ENGINEER INTERN--REQUIREMENTS.-- A. An applicant for certification as an engineer intern shall file the appropriate application that demonstrates that the applicant: (1) is of good moral character and reputation as determined by board rules; (2) has obtained at least a senior status in a board-approved, four-year curriculum in engineering or in a board-approved, four-year curriculum in engineering technology that is accredited by the engineering technology accreditation commission of the accreditation board for engineering and technology; and (3) has three references, one of whom shall be a licensed professional engineer. B. After acceptance of the application by the board, the applicant shall be allowed to take the appropriate examination for certification as an engineer intern. C. An applicant may be certified as an engineer intern upon successfully completing the examination; provided that the applicant has:

(1) graduated from a board-approved engineering curriculum of four years or more or graduated from an engineering master's program that is accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying; or (2) graduated from a board-approved, four-year engineering technology program accredited by the engineering technology accreditation commission of the accreditation board for engineering and technology and augmented by at least two years of board-approved, post-graduate engineering experience. D. The certification as engineer intern does not permit the intern to practice as a professional engineer. Certification as an engineer intern is intended to demonstrate that the intern has obtained certain skills in engineering fundamentals and is pursuing a career in engineering." Chapter 79 Section 3 Laws 2023 SECTION 3. Section 61-23-14.1 NMSA 1978 (being Laws 1993, Chapter 218, Section 12, as amended) is amended to read: "61-23-14.1. LICENSURE AS A PROFESSIONAL ENGINEER-- REQUIREMENTS.-- A. Licensure as a professional engineer may be either through examination or through endorsement or comity. In either case, an applicant shall file the appropriate application in which it shall be demonstrated that the applicant: (1) is of good moral character and reputation as determined by board rules; and (2) has five references, three of whom shall be licensees practicing in the branch of engineering for which the applicant is applying and who have personal knowledge of the applicant's engineering experience and reputation. The use of non- licensed engineer references having personal knowledge of the applicant's engineering experience and reputation may be accepted by the board if a satisfactory written explanation is given. B. An applicant may be licensed through examination if the applicant can demonstrate the following: (1) the applicant is certified as an engineer intern and has at least one of the following combinations of education and experience; provided that experience shall only be considered after receiving the first qualifying engineering degree:

(a) received a bachelor's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least four years of engineering experience; (b) received a bachelor's degree in an engineering discipline recognized by the board from a foreign educational institution where the program that was completed fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least four years of engineering experience; (c) received a master's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or an institution that offers programs accredited by the engineering accreditation commission or that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least three years of engineering experience; (d) received a master's degree in an engineering discipline recognized by the board from a foreign educational institution where the program that was completed fulfills through evaluation the required curricular content and educational standards as defined by the national council of examiners for engineering and surveying and has at least three years of engineering experience; (e) received a doctorate degree in an engineering discipline recognized by the board from a board-approved engineering curriculum and has at least two years of engineering experience; or (f) at least six years of board-approved engineering experience after graduation from a school offering a board-approved, four-year engineering technology curriculum accredited by the engineering technology accreditation commission of the accreditation board for engineering and technology, including the two years for engineer intern certification; or (2) the applicant is not certified as an engineer intern and has at least one of the following: (a) received a bachelor's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has twelve years of engineering experience subsequent to receiving the degree; (b) received a master's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation

commission or an institution that offers programs accredited by the engineering accreditation commission or that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least six years of engineering experience subsequent to receiving the degree; or (c) received a doctorate degree in an engineering discipline recognized by the board from a board-approved engineering curriculum and has at least four years of engineering experience subsequent to receiving the degree. C. Upon successfully completing the examination, required experience and all the requirements as noted in this section, the applicant shall be eligible to be licensed as a professional engineer upon action of the board. D. An applicant may be licensed by endorsement or comity if the applicant: (1) is currently licensed as an engineer in another state, the District of Columbia or a territory of the United States; provided that the licensure does not conflict with the provisions of the Engineering and Surveying Practice Act and that the standards required by the licensure or the applicant's qualifications equaled or exceeded the licensure standards in New Mexico at the time the applicant was initially licensed; (2) is currently licensed as an engineer in a foreign country and can demonstrate, to the board's satisfaction, evidence that the licensure was based on standards that equal or exceed those currently required for licensure by the Engineering and Surveying Practice Act and can satisfactorily demonstrate to the board competence in current engineering standards and procedures; or (3) is not applying for licensure in the structural discipline but is currently licensed as an engineer in another state, the District of Columbia or a territory of the United States; provided that the applicant: (a) has been actively licensed for the continuous ten years immediately preceding application to New Mexico; (b) has not received any form of disciplinary action related to the practice of engineering or professional conduct from any jurisdiction within the five years preceding application to New Mexico; (c) has not had the applicant's professional license suspended or revoked at any time from any jurisdiction; and (d) has passed the principles and practice of engineering examination administered by the national council of examiners for engineering and surveying relevant to the discipline in which the applicant is seeking licensure."

Chapter 79 Section 4 Laws 2023 SECTION 4. Section 61-23-17 NMSA 1978 (being Laws 1987, Chapter 336, Section 17, as amended) is amended to read: "61-23-17. APPLICATION AND EXAMINATION FEES.-- A. All applicants for licensure pursuant to the Engineering and Surveying Practice Act shall apply for examination, licensure or certification on forms prescribed and furnished by the board. Except as provided in Section 61-1-34 NMSA 1978, applications shall be accompanied by the appropriate fee, any sworn statements the board may require to show the applicant's citizenship and education, a detailed summary of the applicant's technical work and appropriate references. B. All application, reapplication, examination and reexamination fees shall be set by the board and shall not exceed the actual cost of carrying out the provisions of the Engineering and Surveying Practice Act. No fees shall be refundable. C. Any application may be denied for fraud, deceit, conviction of a felony or any crime that may impede the ability of the applicant to perform professionally as determined by board rules." Chapter 79 Section 5 Laws 2023 SECTION 5. Section 61-23-20 NMSA 1978 (being Laws 1987, Chapter 336, Section 20, as amended) is amended to read: "61-23-20. ENGINEERING--LICENSURE AND RENEWAL FEES-- EXPIRATIONS.-- A. Licensure shall be for a period of two years as prescribed in the rules of procedure. Initial licenses shall be issued in accordance with the board's rules. B. The board shall establish by rule a biennial fee for professional engineers. Except as provided in Section 61-1-34 NMSA 1978, licensure renewal is accomplished upon payment of the required fee and satisfactory completion of the requirements of professional development. C. The executive director of the board shall send a renewal notice to each licensee's last known address. Notice shall be sent at least one month in advance of the date of expiration of the license. D. Each licensee shall have the responsibility to notify the board of any change of address within thirty days of the change.

E. Upon receipt of a renewal fee and fulfillment of other requirements, the board shall issue a licensure renewal card that shall show the name and license number of the licensee and shall state that the person named has been granted licensure to practice as a professional engineer for the biennial period. F. Every license shall automatically expire if not renewed on or before December 31 of the applicable biennial period. A delinquent licensee may renew a license by the payment of twice the biennial renewal fee at any time before March 1, but the delinquent licensee shall not practice during this period. Should the licensee apply to renew an expired license after the March 1 deadline has elapsed, the licensee shall submit a formal application and fee as provided in Section 61-23-17 NMSA 1978. The board, in considering the reapplication, may consider the applicant's qualifications for licensure if the requirements for licensure have changed since the applicant was first licensed. The board may adopt rules for inactive and retired status." Chapter 79 Section 6 Laws 2023 SECTION 6. Section 61-23-22 NMSA 1978 (being Laws 1993, Chapter 218, Section 17, as amended) is amended to read: "61-23-22. ENGINEERING--EXEMPTIONS.-- A. A New Mexico licensed architect who has complied with all of the laws of New Mexico relating to the practice of architecture has the right to engage in the incidental practice, as defined by regulation, of activities properly classified as engineering; provided that the architect shall not make any representation as being a professional engineer or as performing engineering services; and further provided that the architect shall perform only that part of the work for which the architect is professionally qualified and shall use qualified professional engineers or others for those portions of the work in which the contracting architect is not qualified. Furthermore, the architect shall assume all responsibility for compliance with all laws, codes, regulations and ordinances of the state or its political subdivisions pertaining to all documents bearing the architect's professional seal. B. An engineer employed by a business entity who performs only the engineering services involved in the operation of the business entity's or an affiliated business entity's business shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that neither the employee nor the employer offers engineering services to the public; and provided further that any such engineering services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the engineer. Performance of engineering on public works projects pursuant to Section 61- 23-26 NMSA 1978 or within off-premises easements constitutes engineering services to the public and is subject to the Engineering and Surveying Practice Act."

Chapter 79 Section 7 Laws 2023 SECTION 7. Section 61-23-27.3 NMSA 1978 (being Laws 1993, Chapter 218, Section 24, as amended) is amended to read: "61-23-27.3. CERTIFICATION OF SURVEYOR INTERN--REQUIREMENTS.-- A. An applicant for certification as a surveyor intern shall file the appropriate application and demonstrate that the applicant: (1) is of good moral character and reputation as determined by board rules; (2) has obtained at least a senior status in a board-approved, four-year curriculum in surveying; and (3) has three references, two of whom shall be licensed professional surveyors having personal knowledge of the applicant's knowledge and experience. B. After acceptance of the application by the board, the applicant shall be allowed to take the appropriate examination for certification as a surveyor intern. C. Upon successfully completing the examination and an approved four-year surveying curriculum, then by action of the board, the applicant may be certified as a surveyor intern. D. The certification of surveyor intern does not permit the intern to practice surveying. Certification as a surveyor intern is intended to demonstrate that the intern has obtained certain skills in surveying fundamentals and is pursuing a career in surveying. E. If otherwise qualified, a graduate of a board-approved but related curriculum of at least four years, to be considered for certification as a surveyor intern, shall have a specific record of two years of combined office and field board-approved surveying experience obtained under the direction of a licensed professional surveyor. Class time will not be counted in the two years of required experience, but work prior to or while attending school may be counted toward the two years of required experience at the discretion of the board." Chapter 79 Section 8 Laws 2023 SECTION 8. Section 61-23-27.4 NMSA 1978 (being Laws 1993, Chapter 218, Section 25, as amended) is amended to read: "61-23-27.4. LICENSURE AS A PROFESSIONAL SURVEYOR--GENERAL REQUIREMENTS.--

A. Licensure as a professional surveyor may be either through examination or through endorsement or comity. In either case, an applicant shall file the appropriate application to demonstrate that the applicant: (1) is of good moral character and reputation as determined by board rules; (2) is certified as a surveyor intern; (3) has at least four years of board-approved surveying experience if graduated from a four-year, board-approved surveying curriculum as defined by board rule; (4) has five references, three of which shall be from licensed professional surveyors having personal knowledge of the applicant's surveying experience; and (5) if graduated from a board-approved, four-year related science curriculum as specifically defined by board rules, has a minimum of four years of board- approved surveying experience subsequent to certification as a surveyor intern. B. The applicant's experience pursuant to Paragraphs (3) and (5) of Subsection A of this section shall, at a minimum, include three years of increasingly responsible experience in boundary surveying and four years of increasingly responsible experience under the direct supervision of a licensed professional surveyor. C. After acceptance of the application by the board, the applicant shall be allowed to take the appropriate examination for licensure as a professional surveyor. D. Upon successfully completing the examination, the applicant shall be eligible to be licensed as a professional surveyor upon action of the board. E. If otherwise qualified, an applicant may be licensed if the applicant is currently licensed as a professional surveyor in: (1) another state, the District of Columbia or a territory of the United States; provided that: (a) licensure does not conflict with the provisions of the Engineering and Surveying Practice Act and that the standards required for licensure and the applicant's qualifications equaled or exceeded the licensure standards in New Mexico at the time the applicant was initially licensed; and (b) the applicant has passed examinations the board deems necessary to determine the applicant's qualifications, including a written examination

that includes questions on laws, procedures and practices pertaining to surveying in this state; (2) another state, the District of Columbia or a territory of the United States; and provided further that the applicant: (a) has been actively licensed for the continuous fifteen years immediately preceding application to New Mexico; (b) has not received any form of disciplinary action related to the practice of surveying or professional conduct from any jurisdiction within the five years preceding application to New Mexico; (c) has not had the applicant's professional license suspended or revoked at any time from any jurisdiction; and (d) has passed examinations the board deems necessary to determine the applicant's qualifications, including a written examination that includes questions on laws, procedures and practices pertaining to surveying in New Mexico; or (3) a foreign country and can demonstrate to the board's satisfaction: (a) evidence that the licensure was based on standards that equal or exceed those currently required for licensure by the Engineering and Surveying Practice Act; and (b) competence in current surveying standards and procedures by passing examinations the board deems necessary to determine the applicant's qualification, including a written examination that includes questions on laws, procedures and practices pertaining to surveying in New Mexico." Chapter 79 Section 9 Laws 2023 SECTION 9. Section 61-23-27.5 NMSA 1978 (being Laws 1993, Chapter 218, Section 26, as amended) is amended to read: "61-23-27.5. SURVEYING--APPLICATION AND EXAMINATION FEES.-- A. All applicants for licensure pursuant to the Engineering and Surveying Practice Act shall apply for examination, licensure or certification on forms prescribed and furnished by the board. Except as provided in Section 61-1-34 NMSA 1978, applications shall be accompanied by the appropriate fee, any sworn statements the board may require to show the applicant's citizenship and education, a detailed summary of the applicant's technical work and appropriate references.

B. All application, reapplication, examination and reexamination fees shall be set by the board and shall not exceed the actual cost of carrying out the provisions of the Engineering and Surveying Practice Act. Fees shall not be refundable. C. Any application may be denied for fraud, deceit, conviction of a felony or for any crime that may impede the ability of the applicant to perform professionally as determined by board rules." Chapter 79 Section 10 Laws 2023 SECTION 10. Section 61-23-27.7 NMSA 1978 (being Laws 1993, Chapter 218, Section 28, as amended) is amended to read: "61-23-27.7. SURVEYING--LICENSURE AND RENEWAL FEES-- EXPIRATIONS.-- A. Licensure for surveyors shall be for a period of two years as prescribed in the rules of procedure. Initial certificates of licensure shall be issued to coincide with the biennial period. Initial licenses shall be issued in accordance with the board's rules. B. The board shall establish by rule a biennial fee for professional surveyors. Except as provided in Section 61-1-34 NMSA 1978, renewal shall be granted upon payment of the required fee and satisfactory completion of the requirements of professional development. C. The executive director of the board shall send a renewal notice to each licensee's last known address. Notice shall be sent at least one month in advance of the date of expiration of the license. D. It shall be the responsibility of the licensee to notify the board of any change of address and to keep the license current. E. Upon receipt of a renewal fee and fulfillment of other requirements, the board shall issue a licensure renewal card that shall show the name and license number of the licensee and shall state that the person named has been granted licensure to practice as a professional surveyor for the biennial period. F. Every license shall automatically expire if not renewed on or before December 31 of the applicable biennial period. A delinquent licensee may renew a license by the payment of twice the biennial renewal fee at any time before March 1, but the delinquent licensee shall not practice during this period. Should the licensee wish to renew an expired license after the March 1 deadline has elapsed, the licensee shall submit a formal application as provided in Section 61-23-27.4 NMSA 1978. The board, in considering the reapplication, need not question the applicant's qualifications for licensure unless the qualifications have changed since the license expired."

Chapter 79 Section 11 Laws 2023 SECTION 11. Section 61-23-27.10 NMSA 1978 (being Laws 1993, Chapter 218, Section 31, as amended) is amended to read: "61-23-27.10. SURVEYING EXEMPTIONS.--A surveyor employed by a business entity who performs only the surveying services involved in the operation of the business entity's or an affiliated business entity's business shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that neither the employee nor the employer offers surveying services to the public; and provided further that any such surveying services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the surveyor; and provided further that the surveying services performed do not include any determination, description, portraying, measuring or monumentation of the boundaries of a tract of land. Performance of surveying on public works projects pursuant to Section 61-23-27.13 NMSA 1978 or within off-premises easements constitutes work within a public space and is subject to the Engineering and Surveying Practice Act." Chapter 79 Section 12 Laws 2023 SECTION 12. Section 61-23-32 NMSA 1978 (being Laws 1987, Chapter 336, Section 32, as amended by Laws 2017, Chapter 42, Section 19 and by Laws 2017, Chapter 52, Section 7) is amended to read: "61-23-32. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The state board of licensure for professional engineers and professional surveyors is terminated on July 1, 2029 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Engineering and Surveying Practice Act until July 1, 2030. Effective July 1, 2030, the Engineering and Surveying Practice Act is repealed." Chapter 79 Section 13 Laws 2023 SECTION 13. Section 61-23-35 NMSA 1978 (being Laws 2019, Chapter 220, Section 1) is amended to read: "61-23-35. ENGINEERING AND SURVEYING UNIVERSITY SUPPORT PROGRAM.-- A. The board may establish an "engineering and surveying university support program" that provides strategies to enhance recruitment and retention of New Mexico professional engineers and professional surveyors, increase career and educational opportunities and improve interaction with the engineering and surveying professions and institutions of higher education. The program may provide direct educational and training scholarships through qualified New Mexico educational institutions to candidates for the engineering and surveying professions willing to reside and practice

in New Mexico. The program may also provide funding for equipment and related materials at qualified New Mexico educational institutions to support the education of engineering and surveying students. The amount of funding provided pursuant to the program shall not exceed annually two hundred fifty thousand dollars ($250,000) in the aggregate. B. The board may request and use appropriations to establish, implement and maintain the engineering and surveying university support program. Any appropriation shall be deposited in the engineering and surveying university support fund." Chapter 79 Section 14 Laws 2023 SECTION 14. Section 61-23-36 NMSA 1978 (being Laws 2019, Chapter 220, Section 2) is amended to read: "61-23-36. ENGINEERING AND SURVEYING UNIVERSITY SUPPORT FUND CREATED.--The "engineering and surveying university support fund" is created in the state treasury to support the engineering and surveying university support program. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. Any income earned on investment of the fund shall remain in the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the board, and money in the fund is appropriated to the board to carry out the purposes of the engineering and surveying university support program. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers approved by the chair and signed by the executive director of the board." LAWS 2023, CHAPTER 80 House Bill 424 Approved March 30, 2023 AN ACT RELATING TO LABOR; CLARIFYING THE APPOINTIVE AUTHORITY FOR THE APPRENTICESHIP COUNCIL; UPDATING PERSONNEL REFERENCES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 80 Section 1 Laws 2023 SECTION 1. Section 50-7-3 NMSA 1978 (being Laws 1957, Chapter 219, Section 3, as amended) is amended to read:

"50-7-3. APPRENTICESHIP COUNCIL.--An "apprenticeship council", hereinafter referred to as the council, shall be appointed by the secretary of workforce solutions without regard to any other provisions of law regarding the appointment and compensation of employees of the state. It shall consist of three persons known to represent employers, three persons known to represent labor organizations and three public representatives and shall include, as ex-officio members without vote, the secretary of workforce solutions and the secretary of public education or the secretary's designee. Persons appointed to the council shall be familiar with apprenticeable occupations. The terms of office of the members of the council first appointed shall expire as designated by the secretary of workforce solutions at the time of making the appointment: one representative each of employers, labor organizations and the public being appointed for one year; one representative each of employers, labor organizations and the public being appointed for two years; and one representative each of employers, labor organizations and the public being appointed for three years. Thereafter, each member shall be appointed for a term of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of the member's predecessor shall be appointed for the remainder of that term. Members of the council not otherwise compensated by public money shall be reimbursed for their official duties in accordance with the Per Diem and Mileage Act for attendance at not in excess of twelve meetings per year." Chapter 80 Section 2 Laws 2023 SECTION 2. Section 50-7-4.1 NMSA 1978 (being Laws 1979, Chapter 204, Section 12, as amended) is amended to read: "50-7-4.1. ADMINISTRATION.-- A. The secretary of workforce solutions shall appoint a director of apprenticeship to be responsible for effectuating the policies set forth in Section 50-7-1 NMSA 1978, to carry out the policies approved by the apprenticeship council and otherwise to execute the provisions of Chapter 50, Article 7 NMSA 1978. Such appointment shall be subject to confirmation by a majority vote of the council. The secretary of workforce solutions shall appoint such additional personnel as may be necessary, subject to such laws and practices as are applicable to appointment, service and compensation of employees of the state. B. Under the general direction of the secretary of workforce solutions, the director of apprenticeship in furtherance of the duties specified shall: (1) encourage the voluntary participation of employers and employees in the furtherance of the objectives of Chapter 50, Article 7 NMSA 1978; (2) devise necessary procedures and records; (3) prepare statistical reports regarding apprenticeship;

(4) issue information related to apprenticeship; and (5) perform such other duties as are necessary to carry out the intent of Chapter 50, Article 7 NMSA 1978." Chapter 80 Section 3 Laws 2023 SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 81 House Bill 449, w/ec Approved March 30, 2023 AN ACT RELATING TO ECONOMIC DEVELOPMENT; REVISING ELIGIBILITY FOR ASSISTANCE TO DISPLACED WORKERS; DECLARING AN EMERGENCY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 81 Section 1 Laws 2023 SECTION 1. Section 62-18-16 NMSA 1978 (being Laws 2019, Chapter 65, Section 16) is amended to read: "62-18-16. ENERGY TRANSITION INDIAN AFFAIRS FUND--ENERGY TRANSITION ECONOMIC DEVELOPMENT ASSISTANCE FUND--ENERGY TRANSITION DISPLACED WORKER ASSISTANCE FUND--COMMUNITY ADVISORY COMMITTEE.-- A. The "energy transition Indian affairs fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. B. The Indian affairs department shall administer the energy transition Indian affairs fund, and money in the fund is subject to appropriation by the legislature only to that department to assist in addressing the conditions and issues of tribes and native peoples in the affected community. C. The Indian affairs department shall develop an Indian affairs assistance plan to assist tribal and native people in the affected community that shall provide for the disbursement of money in the energy transition Indian affairs fund. In developing the

plan, the Indian affairs department shall establish a public planning process in the affected community to inform the use of money in the fund. The Indian affairs department shall engage in consultation with Indian nations, tribes and pueblos in the affected community pursuant to the State-Tribal Collaboration Act. The public planning process shall include at least three public meetings in the affected community. Expenditures from the fund shall be made after completion of the plan and as follows: (1) to an entity approved by the Indian affairs department to receive funds for any program established at the Indian affairs department; and (2) to tribal governments, public agencies or private persons to provide services and facilities in the affected community for promoting the welfare of Indian people. D. The "energy transition economic development assistance fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. E. The economic development department shall administer the energy transition economic development assistance fund, and money in the fund is subject to appropriation by the legislature only to that department to assist in diversifying and promoting the affected community's economy by fostering economic development opportunities unrelated to fossil fuel development or use. F. The economic development department shall develop an economic diversification and development plan to assist the affected community that shall provide for the disbursement of money in the energy transition economic development assistance fund. In developing the plan, the economic development department shall request recommendations from the affected community's community advisory committee pursuant to Subsection K of this section and establish a public input process in the affected community to inform the use of money in the fund. The economic development department shall engage in consultation with Indian nations, tribes and pueblos in the affected area pursuant to the State-Tribal Collaboration Act. The public input process shall include at least three public meetings in the affected community. Expenditures from the fund shall be made pursuant to the plan and as follows: (1) to an entity approved by the economic development department to receive funds for any program established at the economic development department; (2) to assist employers to qualify for any tax relief for hiring displaced workers established under state or federal law; and

(3) to a municipality, county, Indian nation, pueblo or tribe or land grant community in New Mexico for programs designed to promote economic development in the affected community. G. The "energy transition displaced worker assistance fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. H. The workforce solutions department shall administer the energy transition displaced worker assistance fund, and money in the fund is subject to appropriation by the legislature only to that department to assist displaced workers in an affected community. I. The workforce solutions department shall develop a displaced worker development plan to assist displaced workers in an affected community that shall provide for the disbursement of money in the energy transition displaced worker assistance fund. In developing the plan, the workforce solutions department shall request recommendations from the affected community's community advisory committee pursuant to Subsection K of this section and establish a public input process in the affected community to inform the use of money in the energy transition displaced worker assistance fund. The workforce solutions department shall engage in consultation with Indian nations, tribes and pueblos in the affected area pursuant to the State-Tribal Collaboration Act. The public input process shall include at least three public meetings in the affected community. Expenditures from the energy transition displaced worker assistance fund shall be made pursuant to the plan and as follows: (1) to assist employers of displaced workers to qualify for any tax relief established under state or federal law; (2) to the workforce solutions department: (a) to provide assistance to displaced workers using any program established at that department; and (b) for payment of costs associated with displaced workers enrolling and participating in certified apprenticeship programs in New Mexico; and (3) to a municipality, county, Indian nation, pueblo or tribe or land grant community in New Mexico for job training and apprenticeship programs for displaced workers or for programs designed to promote economic development in the affected community.

J. Within thirty days of receipt of energy transition bond proceeds, a qualifying generating facility located in New Mexico shall transfer the following percentages of the financed amount of energy transition bonds as follows: (1) one-half percent to the Indian affairs department for deposit in the energy transition Indian affairs fund; (2) one and sixty-five hundredths percent to the economic development department for deposit in the energy transition economic development assistance fund; and (3) three and thirty-five hundredths percent to the workforce solutions department for deposit in the energy transition displaced worker assistance fund. K. In each affected community, a community advisory committee shall be convened. All meetings of the community advisory committee shall be held pursuant to the Open Meetings Act. The secretaries of Indian affairs, economic development and workforce solutions shall appoint three conveners who reside in the affected community, at least one from each major political party and one representing one of the Navajo Nation chapter houses in the affected community. The conveners shall appoint members of the community advisory committee to include a member from each municipality, county, Indian nation, pueblo, tribe and land grant community, if any, in the affected community, at least four appointees representing diverse economic and cultural perspectives of the affected community and one appointee representing displaced workers in the affected community. Within sixty days of a request by the economic development department pursuant to Subsection F of this section, or the workforce solutions department pursuant to Subsection I of this section, a community advisory committee shall provide recommendations to the requesting department on the use of available funds intended for the affected community. L. As used in this section: (1) "affected community" means a New Mexico county located within one hundred miles of a New Mexico facility producing electricity that closes, resulting in at least forty displaced workers; and (2) "displaced worker" means a New Mexico resident who: (a) was terminated from employment, or whose contract was terminated, due to the abandonment of a New Mexico facility producing electricity that resulted in the displacement of at least forty workers; and (b) meets any other eligibility criteria established by the workforce solutions department."

Chapter 81 Section 2 Laws 2023 SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately. LAWS 2023, CHAPTER 82 HAAWC/House Bill 525, w/ec Approved March 30, 2023 AN ACT RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AUTHORIZING THE NEW MEXICO FINANCE AUTHORITY TO MAKE LOANS OR GRANTS FROM THE WATER PROJECT FUND FOR CERTAIN WATER PROJECTS; DECLARING AN EMERGENCY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 82 Section 1 Laws 2023 SECTION 1. AUTHORIZATION OF QUALIFYING WATER PROJECTS.-- Pursuant to Section 72-4A-9 NMSA 1978, the legislature authorizes the New Mexico finance authority to make loans or grants from the water project fund to the following qualifying entities for the following qualifying water projects on terms and conditions established by the water trust board and the New Mexico finance authority: 1. to the city of Carlsbad in Eddy county for a water conservation, treatment, recycling or reuse project; 2. to the city of Santa Fe in Santa Fe county for a water conservation, treatment, recycling or reuse project; 3. to the city of Clovis in Curry county for a water conservation, treatment, recycling or reuse project; 4. to El Salto mutual domestic water consumers association and mutual sewage works association in Taos county for a water conservation, treatment, recycling or reuse project; 5. to La Luz mutual domestic water consumers association and mutual sewage works association in Otero county for a water conservation, treatment, recycling or reuse project;

6. to the upper Rio Grande watershed district in Rio Arriba county for a flood prevention project; 7. to the city of Anthony in Dona Ana county for a flood prevention project; 8. to the city of Anthony in Dona Ana county for an additional flood prevention project; 9. to Luna county for a flood prevention project; 10. to the city of Roswell in Chaves county for a flood prevention project; 11. to El Prado water and sanitation district in Taos county for a water storage, conveyance and delivery project; 12. to the White Cliffs mutual domestic water users association in McKinley county for a water storage, conveyance and delivery project; 13. to the Chapelle mutual domestic water consumers association in San Miguel county for a water storage, conveyance and delivery project; 14. to the city of Gallup in McKinley county for a water storage, conveyance and delivery project; 15. to Los Alamos county for a water storage, conveyance and delivery project; 16. to the lower Arroyo Hondo mutual domestic water consumer's and mutual sewage works association in Taos county for a water storage, conveyance and delivery project; 17. to the village of Angel Fire in Colfax county for a water storage, conveyance and delivery project; 18. to the Catalpa water association in McKinley county for a water storage, conveyance and delivery project; 19. to the village of Cuba in Sandoval county for a water storage, conveyance and delivery project; 20. to the village of Ruidoso in Lincoln county for a water storage, conveyance and delivery project; 21. to the town of Red River in Taos county for a water storage, conveyance and delivery project;

22. to the Sierra Vista mutual domestic association in Bernalillo county for a water storage, conveyance and delivery project; 23. to the Union del Llano mutual domestic water consumers association in Taos county for a water storage, conveyance and delivery project; 24. to El Valle water alliance in San Miguel county for a water storage, conveyance and delivery project; 25. to the Storrie Project water users association in San Miguel county for a water storage, conveyance and delivery project; 26. to the Rio Lucio domestic water consumers association in Taos county for a water storage, conveyance and delivery project; 27. to the Ramah water and sanitation district in McKinley county for a water storage, conveyance and delivery project; 28. to the Chippeway Park water association in Otero county for a water storage, conveyance and delivery project; 29. to the eastern New Mexico water utility authority in Curry county for a water storage, conveyance and delivery project; 30. to the Buena Vista mutual domestic water consumers and sewage works association in Mora county for a water storage, conveyance and delivery project; 31. to the Canon mutual domestic water consumers association in Sandoval county for a water storage, conveyance and delivery project; 32. to the city of Tucumcari in Quay county for a water storage, conveyance and delivery project; 33. to the lower Rio Grande public water works authority in Dona Ana county for a water storage, conveyance and delivery project; 34. to the Abiquiu mutual domestic water consumers and mutual sewage works association in Rio Arriba county for a water storage, conveyance and delivery project; 35. to the city of Santa Fe in Santa Fe county for a water storage, conveyance and delivery project; 36. to the Pendaries Village mutual domestic water consumers association in San Miguel county for a water storage, conveyance and delivery project;

37. to the greater Chimayo mutual domestic water consumers association in Rio Arriba county for a water storage, conveyance and delivery project; 38. to the Enchanted Forest mutual domestic water consumers association in Lincoln county for a water storage, conveyance and delivery project; 39. to the Ojo Caliente mutual domestic water consumers association in Rio Arriba county for a water storage, conveyance and delivery project; 40. to the village of Pecos in San Miguel county for a water storage, conveyance and delivery project; 41. to the Penasco mutual domestic water consumers and mutual sewage works association in Taos county for a water storage, conveyance and delivery project; 42. to the city of Deming in Luna county for a water storage, conveyance and delivery project; 43. to the Watrous mutual domestic water consumers association in Mora county for a water storage, conveyance and delivery project; 44. to the Eldorado area water and sanitation district in Santa Fe county for a water storage, conveyance and delivery project; 45. to the Fambrough mutual domestic water consumers association in Chaves county for a water storage, conveyance and delivery project; 46. to the Cedar Creek mutual domestic water consumers association in Lincoln county for a water storage, conveyance and delivery project; 47. to the Sangre de Cristo regional mutual domestic water consumers and mutual sewage works association in Guadalupe county for a water storage, conveyance and delivery project; 48. to the city of Roswell in Chaves county for a water storage, conveyance and delivery project; 49. to the Garfield mutual domestic water consumers and mutual sewage works association in Dona Ana county for a water storage, conveyance and delivery project; 50. to the city of Jal in Lea county for a water storage, conveyance and delivery project; 51. to the middle Rio Grande conservancy district in Bernalillo county for a water storage, conveyance and delivery project;

52. to the Claunch-Pinto soil and water conservation district in Torrance county for a watershed restoration and management project; 53. to the Claunch-Pinto soil and water conservation district in Torrance county for an additional watershed restoration and management project; 54. to the Guadalupe soil and water conservation district in Guadalupe county for a watershed restoration and management project; 55. to the Guadalupe soil and water conservation district in Guadalupe county for an additional watershed restoration and management project; 56. to the San Juan soil and water conservation district in San Juan county for a watershed restoration and management project; 57. to the Albuquerque-Bernalillo county water utility authority in Bernalillo county for a watershed restoration and management project; 58. to the east Rio Arriba soil and water conservation district in Rio Arriba county for a watershed restoration and management project; and 59. to the upper Chama soil and water conservation district in Rio Arriba county for a watershed restoration and management project. Chapter 82 Section 2 Laws 2023 SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately. LAWS 2023, CHAPTER 83 HAFC/House Bill 533 Approved March 30, 2023 AN ACT RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AMENDING THE GROUP INSURANCE CONTRIBUTIONS FOR SCHOOL DISTRICTS, CHARTER SCHOOLS AND PARTICIPATING ENTITIES IN THE PUBLIC SCHOOL INSURANCE AUTHORITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Chapter 83 Section 1 Laws 2023 SECTION 1. Section 10-7-4 NMSA 1978 (being Laws 1941, Chapter 188, Section 1, as amended) is amended to read: "10-7-4. GROUP INSURANCE--CAFETERIA PLAN--CONTRIBUTIONS FROM PUBLIC FUNDS.-- A. All state departments and institutions and all political subdivisions of the state, excluding municipalities, counties and political subdivisions of the state with twenty-five employees or fewer, shall cooperate in providing group term life, medical or disability income insurance for the benefit of eligible employees or salaried officers of the respective departments, institutions and political subdivisions. B. The group insurance contributions of the state or any of its departments or institutions, including institutions of higher education, shall be made as follows: (1) at least seventy-five percent of the cost of the insurance of an employee whose annual salary is less than fifteen thousand dollars ($15,000); (2) at least seventy percent of the cost of the insurance of an employee whose annual salary is fifteen thousand dollars ($15,000) or more but less than twenty thousand dollars ($20,000); (3) at least sixty-five percent of the cost of the insurance of an employee whose annual salary is twenty thousand dollars ($20,000) or more but less than twenty-five thousand dollars ($25,000); and (4) at least sixty percent of the cost of the insurance of an employee whose annual salary is twenty-five thousand dollars ($25,000) or more. C. The group insurance contributions of school districts and charter schools shall be made as follows: (1) at least eighty percent of the cost of the insurance of an employee whose annual salary is less than fifty thousand dollars ($50,000); (2) at least seventy percent of the cost of the insurance of an employee whose annual salary is fifty thousand dollars ($50,000) or more but less than sixty thousand dollars ($60,000); and (3) at least sixty percent of the cost of the insurance of an employee whose annual salary is sixty thousand dollars ($60,000) or more. D. Effective July 1, 2004, the group insurance contributions of the state or any of its executive, judicial or legislative departments, including agencies, boards or

commissions, shall be made as follows; provided that the contribution percentage shall be the same for all affected public employees in a given salary bracket: (1) up to eighty percent of the cost of the insurance of an employee whose annual salary is less than thirty thousand dollars ($30,000); (2) up to seventy percent of the cost of the insurance of an employee whose annual salary is thirty thousand dollars ($30,000) or more but less than forty thousand dollars ($40,000); and (3) up to sixty percent of the cost of the insurance of an employee whose annual salary is forty thousand dollars ($40,000) or more. E. Except as provided in Subsection H of this section, effective July 1, 2005, the group insurance contributions of the state or any of its executive, judicial or legislative departments, including agencies, boards or commissions, shall be made as follows; provided that the contribution percentage shall be the same for all affected public employees in a given salary bracket: (1) up to eighty percent of the cost of the insurance of an employee whose annual salary is less than fifty thousand dollars ($50,000); (2) up to seventy percent of the cost of the insurance of an employee whose annual salary is fifty thousand dollars ($50,000) or more but less than sixty thousand dollars ($60,000); and (3) up to sixty percent of the cost of the insurance of an employee whose annual salary is sixty thousand dollars ($60,000) or more. F. Effective July 1, 2013, the employer shall pay one hundred percent of basic life insurance premiums for employees, and employees who choose to carry disability insurance shall pay one hundred percent of the premium. G. The state shall not make any group insurance contributions for legislators. A legislator shall be eligible for group benefits only if the legislator contributes one hundred percent of the cost of the insurance. H. An employer shall pay one hundred percent of the employee group insurance contributions due and payable on or after July 1, 2016 for an employee who is injured while performing a public safety function or duty and, as a result of the injury, is placed on approved workers' compensation leave. I. As used in this section, "cost of the insurance" means the premium required to be paid to provide coverages. Any contributions of the political subdivisions of the state, except the public schools and political subdivisions of the state with twenty- five employees or fewer, shall not exceed sixty percent of the cost of the insurance.

J. When a public employee elects to participate in a cafeteria plan as authorized by the Cafeteria Plan Act and enters into a salary reduction agreement with the governmental employer, the provisions of Subsections B through G of this section with respect to the maximum contributions that can be made by the employer are not violated and will still apply. The employer percentage or dollar contributions as provided in Subsections B through E of this section shall be determined by the employee's gross salary prior to any salary reduction agreement. K. Any group medical insurance plan offered pursuant to this section shall include effective cost-containment measures to control the growth of health care costs. The responsible public body that administers a plan offered pursuant to this section shall report annually by September 1 to appropriate interim legislative committees on the effectiveness of the cost-containment measures required by this subsection. L. Within available revenue, school districts, charter schools and participating entities pursuant to the Public School Insurance Authority Act may contribute up to one hundred percent of the cost of the insurance of all employees and institutions of higher education may contribute up to eighty percent of the cost of the insurance of all employees." Chapter 83 Section 2 Laws 2023 SECTION 2. Section 22-29-10 NMSA 1978 (being Laws 1989, Chapter 373, Section 5, as amended) is amended to read: "22-29-10. GROUP INSURANCE CONTRIBUTIONS.-- A. Group insurance contributions for school districts, charter schools and participating entities in the authority shall be made as follows: (1) at least eighty percent of the cost of the insurance of an employee whose annual salary is less than fifty thousand dollars ($50,000); (2) at least seventy percent of the cost of the insurance of an employee whose annual salary is fifty thousand dollars ($50,000) or more but less than sixty thousand dollars ($60,000); and (3) at least sixty percent of the cost of the insurance of an employee whose annual salary is sixty thousand dollars ($60,000) or more. B. Within available revenue, school districts, charter schools and participating entities in the authority may contribute up to one hundred percent of the cost of the insurance of all employees. C. Whenever a school district, charter school or participating entity in the authority offers to its employees alternative health plan benefit options, including health

maintenance organizations, preferred provider organizations or panel doctor plans, the school district, charter school or participating entity may pay an amount on behalf of the employee and family member for the indemnity health insurance plan sufficient to result in equal employee monthly costs to the cost of the health maintenance organization plans, preferred provider organization plans or panel doctor plans, regardless of the percentage limitations in the Public School Insurance Authority Act. School districts, charter schools and participating entities in the authority may pay up to one hundred percent of the first fifty thousand dollars ($50,000) of term life insurance." Chapter 83 Section 3 Laws 2023 SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 84 House Bill 4, aa, w/cc Approved March 30, 2023 AN ACT RELATING TO ELECTIONS; AMENDING AND ENACTING AUTOMATIC VOTER REGISTRATION AND UPDATES TO REGISTRATION PROVISIONS; REPEALING AND REPLACING THE DRIVER'S LICENSE VOTER REGISTRATION PROVISIONS; REPEALING AND REPLACING THE REGISTRATION AT VOTING LOCATION PRIOR TO VOTING PROVISIONS; DEFINING THE UNLAWFUL USE OR DISPOSITION OF VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS; PROVIDING THAT INMATES ARE ELIGIBLE TO VOTE AND REGISTER TO VOTE UPON RELEASE; ELIMINATING A REQUIREMENT THAT A VOTER'S REGISTRATION BE CANCELED UPON FELONY CONVICTION AND CONFORMING THE RESTORATION OF CITIZENSHIP PROVISION ACCORDINGLY; CREATING A VOLUNTARY PERMANENT ABSENTEE VOTER LIST; PROVIDING REQUIREMENTS FOR THE PROVISION OF MONITORED SECURED CONTAINERS; ENACTING THE NATIVE AMERICAN VOTING RIGHTS ACT TO PROTECT POLLING PLACE ACCESS AND ADDRESS OTHER ELECTION ISSUES INVOLVING VOTERS ON INDIAN NATION, TRIBAL AND PUEBLO LAND; DECLARING THE DAY OF A GENERAL ELECTION AND A REGULAR LOCAL ELECTION A SCHOOL HOLIDAY; MAKING CONFORMING AND TECHNICAL CHANGES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Chapter 84 Section 1 Laws 2023 SECTION 1. Section 1-3-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 58, as amended) is amended to read: "1-3-8. PRECINCT CHANGES--NOTICE AND PUBLICATION.-- Upon the adoption of any resolution, or upon the final action of any district court upon a petition creating, abolishing, dividing or consolidating any precinct, or changing any precinct boundary, or changing any designated polling place, the board of county commissioners shall: A. send a certified copy of the resolution or court order to the secretary of state and to the county chair of each of the major political parties; and B. publish once the resolution in a newspaper as provided in the Election Code." Chapter 84 Section 2 Laws 2023 SECTION 2. Section 1-4-5.2 NMSA 1978 (being Laws 1995, Chapter 198, Section 3) is amended to read: "1-4-5.2. AGENCY REGISTRATION--FORM.-- A. A qualified elector may register to vote at certain state government offices. B. Pursuant to Section 1-4-47 NMSA 1978, a qualified elector who applies for a driver's license, license renewal or motor vehicle identification card who is not registered to vote in this state and who is not automatically registered to vote pursuant to the automatic voter registration provisions of Section 1-4-47 NMSA 1978 may simultaneously register to vote or file a change of address for voter registration purposes. C. Pursuant to Section 1-4-48 NMSA 1978, a qualified elector may register to vote in any state agency that provides public assistance or services to persons with disabilities. The secretary of state may designate other state or local public offices with the agreement of those offices. D. Pursuant to Sections 1-4-47 and 1-4-47.1 NMSA 1978, a qualified elector may become registered to vote by automatic voter registration at the motor vehicle division of the taxation and revenue department or other state or local public offices designated by the secretary of state."

Chapter 84 Section 3 Laws 2023 SECTION 3. Section 1-4-5.6 NMSA 1978 (being Laws 1975, Chapter 255, Section 79, as amended) is amended to read: "1-4-5.6. UNLAWFUL USE OR DISPOSITION OF VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS--PENALTIES.-- A. Unlawful use of voter data, mailing labels or special voter lists consists of: (1) the knowing and willful selling, loaning, providing access to or otherwise surrendering of voter data, mailing labels or special voter lists by a person for purposes prohibited by the Election Code; or (2) causing voter data, mailing labels or special voter lists or any part of the voter data, mailing label or special voter lists that identifies, or that could be used to identify, a specific voter or the voter's name, mailing or residence address to be made publicly available on the internet or through other means. B. Any person, organization or corporation or agent, officer, representative or employee thereof who commits unlawful use of voter data, mailing labels or special voter lists is guilty of a fourth degree felony and upon conviction shall be fined one hundred dollars ($100) for each line of voter information that was unlawfully used. C. Each unlawful use of voter data, mailing labels or special voter lists constitutes a separate offense." Chapter 84 Section 4 Laws 2023 SECTION 4. Section 1-4-5.7 NMSA 1978 (being Laws 2019, Chapter 67, Section 1, as amended) is repealed and a new Section 1-4-5.7 NMSA 1978 is enacted to read: "1-4-5.7. REGISTRATION AT VOTING LOCATION PRIOR TO VOTING.-- A. Notwithstanding the provisions of Section 1-4-8 NMSA 1978 providing for the closing of registration prior to an election, a qualified elector seeking to register to vote or update an existing certificate of registration in the state shall be allowed to do so at a voting location immediately before voting in that election after signing an affidavit under oath that the elector has not voted in the election in this state or elsewhere and as further provided in this section. B. During a statewide election, a qualified elector may register to vote or update an existing certificate of registration at the county clerk's office or any early or election day voting location; provided that the secretary of state shall establish procedures to ensure that a registration officer has an opportunity to review the

information of a qualified elector who registers to vote or updates an existing certificate of registration immediately before the qualified elector votes. C. A voter whose political party affiliation on the voter's certificate of registration is with a major political party shall not be allowed to change party affiliation when updating an existing certificate of registration or registering to vote at a voting location immediately before voting in a primary election. D. During a special election, a qualified elector may register to vote or update an existing certificate of registration at the county clerk's office during the regular hours and days of business beginning on the twenty-eighth day preceding the election until 7:00 p.m. on election day; provided that the county clerk shall provide the voter with a ballot and balloting materials immediately after the qualified elector registers to vote or updates the existing certificate of registration. E. A qualified elector seeking to register to vote or update an existing certificate of registration pursuant to this section shall provide a physical form of identification that is issued by the federal government, a state government, a federally recognized Indian nation, tribe or pueblo or an educational institution and that: (1) contains the name of the qualified elector, which shall reasonably match the name provided on the certificate of registration; (2) contains a photograph of the qualified elector, which shall resemble the qualified elector; (3) need not contain an expiration date, and if it does, the expiration date is not required to be a date on or after the date of the election; and (4) shall either: (a) contain an address that matches the address provided for the certificate of registration; or (b) be accompanied by an original or copy of a utility bill, bank statement, government check, paycheck or other document issued by an educational institution or government, including a document issued by a federally recognized Indian nation, tribe or pueblo, dated within the ninety days prior to the qualified elector registering to vote or updating an existing certificate of registration and that contains the name of the qualified elector, which shall reasonably match the name provided on the certificate of registration, and an address that matches the address provided for the certificate of registration. F. If a voting location does not have real-time synchronization with the voting data at the office of the county clerk, a voter desiring to update an existing certificate of registration or to register to vote shall be issued a provisional paper ballot. A provisional

paper ballot issued pursuant to this section shall be qualified and tabulated once the county clerk determines that the voter did not vote any other ballot in the same election and if no challenge is successfully interposed." Chapter 84 Section 5 Laws 2023 SECTION 5. Section 1-4-24 NMSA 1978 (being Laws 1969, Chapter 240, Section 80, as amended) is amended to read: "1-4-24. CANCELLATION OF REGISTRATION--COUNTY CLERK--GROUNDS.- -The county clerk shall cancel certificates of registration for the following reasons: A. death of the voter; B. at the request of the voter; or C. at the direction of the board of registration." Chapter 84 Section 6 Laws 2023 SECTION 6. Section 1-4-27.1 NMSA 1978 (being Laws 2001, Chapter 46, Section 1, as amended) is amended to read: "1-4-27.1. ELIGIBILITY TO VOTE AND REGISTER TO VOTE UPON RELEASE.-- A. A voter is ineligible to vote while imprisoned in a correctional facility as part of a sentence for a felony conviction. Except as provided in this section, an otherwise qualified elector is ineligible to register to vote while imprisoned in a correctional facility as part of a sentence for a felony conviction. B. During the reentry phase of an inmate's sentence, if the inmate is a voter or otherwise a qualified elector, the inmate shall be given an opportunity to register to vote or update an existing registration by means of a transaction with the motor vehicle division of the taxation and revenue department prior to the inmate's release from custody. If the inmate does not conduct a transaction with the motor vehicle division of the taxation and revenue department prior to the inmate's release from custody, the corrections department shall provide the inmate an opportunity to register to vote or update an existing registration by means of an online portal provided by the secretary of state or, if such a portal is not available, by means of a paper registration form. C. The corrections department shall deliver to the secretary of state information and data necessary to carry out the provisions of this section. The secretary of state shall maintain current information in the statewide voter registration electronic management system on the ineligibility status of an inmate to vote or register to vote

pursuant to this section, as well as an inmate's eligibility status to vote upon release and to register to vote or update an existing voter registration while preparing for release. D. Notwithstanding a person's status in the statewide voter registration electronic management system, a voter or a qualified elector who appears personally before a county clerk, the clerk's authorized representative or a precinct board member, at an office of the motor vehicle division of the taxation and revenue department or at a state agency that provides public assistance or services to persons with disabilities is presumed to meet the eligibility requirement of non-imprisonment for voting and registering to vote pursuant to the provisions of this section. E. For the purposes of this section, "correctional facility" means a jail, prison or other detention facility that is used for the confinement of an adult, whether operated by the state or a political subdivision of the state or a private contractor on behalf of the state or a political subdivision of the state." Chapter 84 Section 7 Laws 2023 SECTION 7. Section 1-4-47 NMSA 1978 (being Laws 1991, Chapter 80, Section 4, as amended) is repealed and a new Section 1-4-47 NMSA 1978 is enacted to read: "1-4-47. DRIVER'S LICENSE VOTER REGISTRATION--AUTOMATIC VOTER REGISTRATION AND UPDATES.-- A. Unless a person is automatically registered to vote pursuant to the automatic voter registration provisions of Subsections B through D of this section, when a person who is a qualified elector or qualified resident but not registered to vote in the state conducts a transaction to apply for or renew a driver's license, state-issued identification card, learner's permit or provisional license, the person shall be offered the opportunity to simultaneously register to vote. A person registering to vote pursuant to this subsection shall not be required to provide a second time any information that duplicates information required in the driver's license, state-issued identification card, learner's permit or provisional license portion of the transaction. B. A qualified elector or qualified resident who provides a document demonstrating United States citizenship in the course of conducting an in-person transaction to apply for or renew a driver's license, state-issued identification card, learner's permit or provisional license shall be confirmed in a database maintained by the motor vehicle division of the taxation and revenue department as satisfying the citizenship requirement for eligibility to vote. If the person is not already registered to vote based on an automated database check, the person shall be registered to vote and shall be informed that the person is being registered to vote and that the person will receive a notice from the county clerk providing additional information, including how to decline to be registered, and the person shall be offered the opportunity to designate affiliation with a qualified political party during the in-person transaction. Within seven days, the motor vehicle division of the taxation and revenue department shall

electronically transmit to the secretary of state an electronic record containing the person's full name, full social security number, date of birth, driver's license or state- issued identification card number, residence address, mailing address if different from residence address, county of residence, citizenship status, an electronic image of the person's signature, any affiliation with a qualified political party and any other available information requested by the secretary of state. C. Upon receiving an electronic record pursuant to Subsection B of this section, the secretary of state shall forward the person's electronic record to the county clerk of the county in which the person resides. The county clerk shall accept and process the electronic record received as a certificate of registration pursuant to the provisions of Section 1-4-11 NMSA 1978. D. Upon receiving an electronic record pursuant to Subsection C of this section, the county clerk shall send to the person's mailing address, by nonforwardable mail, a notice that the person has been registered to vote. The notice shall include a postage prepaid and pre-addressed return card by which the person may decline to be registered to vote. The notice shall be prescribed by the secretary of state with conforming language depending on whether the person is a qualified elector or a qualified resident, and may be combined with a voter information document and shall include: (1) an explanation of the voter eligibility requirements, a statement of the penalties for registering to vote when a person is not eligible and a statement that if the person is not eligible to vote that the person should decline to register by returning the card; (2) a statement that: (a) if the person declines to register to vote, the fact that the person has declined registration will remain confidential and will be used only to process the declination and for reporting election administration statistics; and (b) if the person does not decline the registration, the office from which the person's electronic record was received will remain confidential and will be used only for reporting election administration statistics; (3) information on how a person may become a participant in the confidential substitute address program; (4) an opportunity for the person to designate affiliation with a qualified political party by returning the card; and (5) an opportunity for the person to request a mailed ballot for the next statewide election, on a form prescribed by the secretary of state, which shall serve as an application for a mailed ballot pursuant to Section 1-6-4 NMSA 1978.

E. After a person returns the card described in Subsection D of this section: (1) if the person declines to be registered to vote by returning the card, the person's registration shall be canceled and the person shall be deemed to have not registered to vote. Information relating to a person declining to be registered to vote pursuant to this section shall not be used for any purpose other than to process the declination and for reporting election administration statistics; (2) if the person votes in an election after registration under this section and subsequently returns the card to decline the registration, the declination shall not be effective until after the election in which the person voted; and (3) if the person returns the card to designate affiliation with a qualified political party, the person's political party affiliation shall be effective pursuant to Section 1-4-8 NMSA 1978. F. If a person who is registered to vote in the state conducts a transaction to apply for or renew, update, correct or replace the person's driver's license, state-issued identification card, learner's permit or provisional license or files a notice of change of address and the information provided to the motor vehicle division of the taxation and revenue department indicates a different address or name from the person's existing certificate of registration, the motor vehicle division of the taxation and revenue department shall electronically transmit to the secretary of state an electronic record containing the person's full name, date of birth, driver's license or state-issued identification card number, residence address, mailing address if different from residence address, county of residence, an electronic image of the person's signature and any other available information requested by the secretary of state. The secretary of state shall issue standards for what is considered a different address. If the new address is in: (1) the same county, or the person's name has changed, the secretary of state shall send the information to the county clerk of the county where the person is registered and the county clerk shall process the change to the official list of eligible voters in accordance with the change of residence information provided; or (2) a different county, the secretary of state shall send the information to the county clerk of the county where the person's new address is located and the county clerk shall process the change of residence as a transferred registration into the county. G. Immediately at the conclusion of each in-person transaction to apply for or renew a driver's license or state-issued identification card, a person shall receive written notification by the motor vehicle division of the taxation and revenue department informing the person if a voter registration transaction was processed and, if so, providing information regarding any voter registration transaction delivered to the

secretary of state by the motor vehicle division as a result of the application for or renewal of a driver's license or state-issued identification card. H. In carrying out the provisions of this section, a motor vehicle division employee or contractor shall not intentionally influence a registrant in the selection of political party, or independent status, by word or act. A motor vehicle division employee or contractor shall not reveal the existence of or the nature of a voter registration pursuant to this section to anyone other than a registration officer. I. Unless a person who is not a qualified elector or is ineligible to register to vote knowingly and willfully takes voluntary action to register to vote knowing that the person is not a qualified elector or is ineligible to register to vote, the transfer of an electronic record or the failure of a person to decline voter registration pursuant to this section shall not be considered a violation of Section 1-20-3 NMSA 1978. J. A person who is not a qualified elector or who is ineligible to vote but who becomes registered to vote under this section and votes or attempts to vote in an election held after the effective date of the person's registration commits false voting under Section 1-20-8 NMSA 1978 only if the person knowingly and willfully took voluntary action to register to vote with knowledge that the person is not a qualified elector or is ineligible to register or knowingly and willfully voted with knowledge that the person is not a qualified elector or is ineligible to vote. K. By January 1 following each general election, the secretary of state shall submit to the legislature and make publicly available a report on the implementation of this section. Excluding any personal identifying information, the report shall include: (1) the number of electronic records transmitted to the secretary of state by the motor vehicle division of the taxation and revenue department pursuant to this section; (2) the number of new voters statewide as a result of the automatic voter registration system; (3) the number of voters whose information was updated because of the automatic voter registration system, reported by the type of information updated; and (4) the number of people who declined to be registered to vote through the automatic voter registration system. L. The secretary of state shall adopt rules and coordinate as necessary with the motor vehicle division of the taxation and revenue department and other state agencies and Indian nations, tribes and pueblos designated pursuant to Section 1-4- 47.1 NMSA 1978."

Chapter 84 Section 8 Laws 2023 SECTION 8. A new Section 1-4-47.1 NMSA 1978 is enacted to read: "1-4-47.1. STATE AGENCY--INDIAN NATION, TRIBE OR PUEBLO-- AUTOMATIC VOTER REGISTRATION REQUIREMENTS.-- A. Upon a determination by the secretary of state that a state agency, including an agency that participates in the state-agency-based voter registration program pursuant to Section 1-4-48 NMSA 1978, collects sufficient information consistent with Section 1-4-47 NMSA 1978 to transmit electronic records for automatic voter registration in accordance with the provisions of that section, including verification of United States citizenship by document or database verification for any agency clients not already registered to vote, the secretary of state shall enter into a memorandum of understanding with the agency requiring the agency to comply with the provisions of Section 1-4-47 NMSA 1978. The secretary of state and county clerks shall process the electronic records according to the provisions of Section 1-4-47 NMSA 1978, subject to any modifications necessary to comply with federal law. B. An Indian nation, tribe or pueblo that collects sufficient information consistent with Section 1-4-47 NMSA 1978 to transmit electronic records for automatic voter registration in accordance with the provisions of that section, including verification of United States citizenship by document or database verification for any persons not already registered to vote, may in its discretion transmit the records to the secretary of state. The secretary of state shall enter into a memorandum of understanding with the Indian nation, tribe or pueblo detailing compliance with the provisions of Section 1-4-47 NMSA 1978. The secretary of state and county clerks shall process the electronic records according to the provisions of Section 1-4-47 NMSA 1978, subject to any modifications necessary to comply with federal law. C. If a state agency or an Indian nation, tribe or pueblo is able to transmit electronic records that are complete for automatic voter registration except for an electronic signature image, the records shall be processed as complete records for automatic voter registration. The secretary of state shall adopt rules to obtain a signature from the qualified elector or qualified resident, including through a mailing requesting a signature, uploading a signature through an electronic system, providing a signature on a mailed ballot envelope or providing a signature at an early voting location or polling place." Chapter 84 Section 9 Laws 2023 SECTION 9. Section 1-4-48 NMSA 1978 (being Laws 1995, Chapter 198, Section 13, as amended) is amended to read: "1-4-48. STATE-AGENCY-BASED VOTER REGISTRATION PROGRAM-- ESTABLISHED--HUMAN SERVICES DEPARTMENT.--

A. The secretary of state shall adopt and publish in accordance with the State Rules Act rules for the administration of a state-agency-based voter registration program. The rules shall provide for distribution of voter registration forms, provisions for the acceptance of voter registration forms and procedures for reporting voter registration activity in accordance with the federal National Voter Registration Act of 1993. B. Voter registration shall be made available at all state agencies providing public assistance or services to people with disabilities. The secretary of state may designate other state and local public offices to provide voter registration services with the agreement of those offices. C. Each state agency participating in the voter registration program shall maintain sufficient records for the secretary of state to comply with federal voter registration reporting requirements and the federal Help America Vote Act of 2002. Any records maintained by a state agency regarding voter registration activities in that agency are confidential and shall not be released as public records. D. Any voter registration made or accepted at a state agency pursuant to this section shall be transmitted to the appropriate registration officer within ten calendar days. E. A state agency employee or agency contractor who participates in the voter registration process may not intentionally influence the prospective registrant in the selection of political party, or independent status, by word or act. A state agency employee or agency contractor who participates in the voter registration process may not reveal the existence of or the nature of the voter registration to anyone other than a registration officer. F. The human services department shall develop procedures to be approved by the secretary of state to ensure that each benefit program administered by the department appropriately ensures that qualified electors receiving benefits are offered the opportunity to register to vote or update an existing certificate of registration without duplication of information contained by the department or by the secretary of state. No later than the last day of August of each calendar year, the human services department shall issue an annual report detailing implementation of the requirements of this subsection. The report shall be sent to the legislative council service, the secretary of state and each county clerk. G. If a person who is not a qualified elector becomes registered to vote pursuant to this section, the person's registration shall be canceled and the person shall be deemed to have never registered." Chapter 84 Section 10 Laws 2023 SECTION 10. A new section of the Absent Voter Act is enacted to read:

"VOLUNTARY PERMANENT ABSENTEE VOTER LIST--PROCEDURES.-- A. A voter, except a federal qualified elector who is subject to the provisions of the Uniform Military and Overseas Voters Act or the Intimate Partner Violence Survivor Suffrage Act, may apply to be added to the voluntary permanent absentee voter list for the county in which the voter is registered by completing a paper or online application that conforms to the mailed ballot application requirements of Section 1-6-4 NMSA 1978, except that the voluntary permanent absentee voter application shall provide an additional checkbox for the voter to affirm that reads: "[ ] I am requesting to be added to the voluntary permanent absentee voter list in my county. This means that the county clerk shall automatically send a mailed ballot to the mailing address listed on my certificate of voter registration each time there is a statewide election that includes my precinct.". B. Upon receipt of an application from a voter requesting to be added to the voluntary permanent absentee voter list, the county clerk shall process the application in the same manner as an application for a mailed ballot, except that the county clerk shall not accept an application to be added to the voluntary permanent absentee voter list if the voter's mailing address on the certificate of registration is outside of New Mexico. C. Upon acceptance of the application to be added to the voluntary permanent absentee voter list, the county clerk shall add the voter's name to the voluntary permanent absentee voter list in the county. The voluntary permanent absentee voter list shall contain the voter's name, year of birth, address and precinct in the county. D. A voter whose name appears on the voluntary permanent absentee voter list shall remain on the list, except as provided in Subsection F of this section, and shall be sent a mailed ballot by the county clerk for each statewide election conducted that includes the precinct in which the voter is eligible to vote. The mailed ballot shall be sent in the first batch of mailed ballots delivered to voters in that election. E. At least forty-nine days before each statewide election, the county clerk shall send to each voter on the voluntary permanent absentee voter list a notice reminding the voter that the voter will be receiving a mailed ballot for that election. The notice shall also inform the voter of how to remove the voter's name from the voluntary permanent absentee voter list if the voter would like to do so. The notice shall be sent using non-forwardable mail with return postage prepaid. F. A voter shall be removed from the voluntary permanent absentee voter list by the county clerk for the following reasons: (1) the voter fails to return a mailed ballot in two consecutive elections, including at least one general election;

(2) the county clerk has sent a mailed ballot or other piece of election mail to the voter's mailing address that was subsequently returned as undeliverable; (3) the voter's certificate of registration is canceled pursuant to the provisions of Chapter 1, Article 4 NMSA 1978; (4) the voter updates the voter's certificate of registration indicating an address that is outside of the county for which the voter is listed on the voluntary permanent absentee voter list; or (5) the voter submits a written request to the county clerk requesting to be removed from the voluntary permanent absentee voter list. G. A county clerk shall take the necessary steps to attempt to contact and notify a voter who is removed from the voluntary permanent absentee voter list. If a voter is removed from the voluntary permanent absentee voter list, the voter shall only be added again if the voter submits a new voluntary permanent absentee voter application. H. A county clerk shall maintain the voluntary permanent absentee voter list for the county and shall make the voluntary permanent absentee voter list available on request pursuant to the provisions of Section 1-4-5.5 NMSA 1978." Chapter 84 Section 11 Laws 2023 SECTION 11. A new Section 1-11-12.2 NMSA 1978 is enacted to read: "1-11-12.2. MONITORED SECURED CONTAINERS--DISTRIBUTION TO COUNTIES.-- A. Each county shall have at least two monitored secured containers; provided that, in consideration of geographic or security constraints existent in a county, a county clerk may request from the secretary of state a waiver from this requirement. The secretary of state may approve a request by a county clerk for additional monitored secured containers in a county. B. In addition to the monitored secured containers provided pursuant to Subsection A of this section, a political subdivision of the state, including a municipality, school district or community college, may make a written request to the county clerk for one or more monitored secured containers on or near the boundaries of the political subdivision. A county clerk who receives a written request for monitored secured containers from a political subdivision shall evaluate the population in and near the area of the request, the distance voters have to travel to get to the nearest monitored secured container and the number of monitored secured containers and early voting locations on or near the area of the request. The county clerk shall respond in writing to the requesting political subdivision within thirty days of receiving the written request. A

written request for monitored secured containers for future statewide elections may be made between the second Tuesday in March and the second Tuesday in April of any year. C. A political subdivision whose written request to a county clerk for monitored secured containers is denied may appeal that decision by submitting the written request along with the denial letter from the county clerk to the secretary of state, along with any response to the denial letter from the requesting political subdivision. The secretary of state may place a monitored secured container on or near an area that is the subject of the request in response to an appeal submitted pursuant to this subsection. D. A monitored secured container located on or near the boundaries of a political subdivision shall comply with all requirements for monitored secured containers provided in the Election Code. If a monitored secured container is provided pursuant to this section, the requesting political subdivision shall provide the facility and services necessary for the monitored secured container." Chapter 84 Section 12 Laws 2023 SECTION 12. A new Section 1-21A-1 NMSA 1978 is enacted to read: "1-21A-1. SHORT TITLE.--Chapter 1, Article 21A NMSA 1978 may be cited as the "Native American Voting Rights Act"." Chapter 84 Section 13 Laws 2023 SECTION 13. A new Section 1-21A-2 NMSA 1978 is enacted to read: "1-21A-2. DEFINITIONS.--As used in the Native American Voting Rights Act: A. "early voting location" means an alternate voting location and a mobile alternate voting location; B. "Indian nation, tribe or pueblo" means a federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico; C. "polling place" means an early voting location and an election day polling place; and D. "written request" means a request sent in writing by the president, governor or governing body of an Indian nation, tribe or pueblo, including a request sent by a person designated by the president, governor or governing body of an Indian nation, tribe or pueblo to submit written requests pursuant to the Native American Voting Rights Act; provided that the designation has been communicated in writing to

the secretary of state and county clerk by the president, governor or governing body of the Indian nation, tribe or pueblo." Chapter 84 Section 14 Laws 2023 SECTION 14. A new Section 1-21A-3 NMSA 1978 is enacted to read: "1-21A-3. PRECINCT BOUNDARIES.-- A. When adjusting precinct boundaries for any group of census blocks that are on Indian nation, tribal or pueblo lands, the board of county commissioners shall inquire of each Indian nation, tribe or pueblo in the county to provide internal and external political boundaries for the Indian nation, tribe or pueblo that the Indian nation, tribe or pueblo has provided to the United States census bureau. B. The board of county commissioners shall adjust precinct boundaries to correspond to the internal and external political boundaries that each Indian nation, tribe or pueblo in the county has provided to the United States census bureau. C. The secretary of state shall reject any precinct boundary maps that do not comply with the provisions of this section." Chapter 84 Section 15 Laws 2023 SECTION 15. A new Section 1-21A-4 NMSA 1978 is enacted to read: "1-21A-4. REQUESTS FOR POLLING PLACES AND MONITORED SECURED CONTAINERS.-- A. An Indian nation, tribe or pueblo may submit a written request to a county clerk for locating early voting locations, election day polling places or monitored secured containers on or near the Indian nation's, tribe's or pueblo's lands. B. A written request for election day polling places for all statewide elections in the next election cycle shall be made between the second Tuesday in March and the second Tuesday in April of each even-numbered year. C. A written request for early voting locations for all statewide elections in the current election cycle shall be made between the second Tuesday in March and the second Tuesday in April of each odd-numbered year. D. A written request for early voting locations for the general election in that year by an Indian nation, tribe or pueblo that has not already done so shall be made between the first business day in January and the day the secretary of state issues the proclamation for the general election.

E. A written request for monitored secured containers for future statewide elections may be made by July 15, 2023 for the 2023 regular local election and between the second Tuesday in March and the second Tuesday in April of any year for all subsequent elections." Chapter 84 Section 16 Laws 2023 SECTION 16. A new Section 1-21A-5 NMSA 1978 is enacted to read: "1-21A-5. ELECTION DAY POLLING PLACES--REQUIREMENTS.-- A. A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more election day polling places on or near Indian nation, tribal or pueblo land shall consider the request when submitting recommendations to the board of county commissioners for the biennial election day polling place resolution establishing voter convenience centers for the subsequent election cycle pursuant to Section 1-3-4 NMSA 1978; provided that: (1) any voter of the county shall have access to and be permitted to vote at the election day polling place; (2) the location of the election day polling place conforms to the requirements for election day polling places, except as specified in this section; (3) the county clerk provides federally mandated language translators at the election day polling places; and (4) if the election day polling place is located on Indian nation, tribal or pueblo land, the Indian nation, tribe or pueblo provides the facility and services for the election day polling place. B. In considering the written request, the county clerk shall evaluate the distance voters have to travel to get to the nearest election day polling place and the number of monitored secured containers and early voting locations on or near the Indian nation, tribal or pueblo lands. C. At the time of submitting the election day polling place resolution to the board of county commissioners, the county clerk shall inform the board of county commissioners of any written requests received by an Indian nation, tribe or pueblo for an election day polling place. D. Once the election day polling place resolution is adopted, an election day polling place located on Indian nation, tribal or pueblo lands shall not be eliminated or consolidated with other election day polling places in that election cycle without the written agreement of the Indian nation, tribe or pueblo on whose lands the election day polling place is located."

Chapter 84 Section 17 Laws 2023 SECTION 17. A new Section 1-21A-6 NMSA 1978 is enacted to read: "1-21A-6. EARLY VOTING LOCATIONS--REQUIREMENTS.-- A. A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more early voting locations shall provide at least one alternate voting or mobile alternate voting location on or near the Indian nation, tribal or pueblo land; provided that: (1) any voter of the county shall have access to and be permitted to vote at the early voting location; (2) the location of the early voting location on Indian nation, tribal or pueblo land conforms to the requirements for alternate voting locations, except as specified in this section; (3) the county clerk provides federally mandated language translators at the early voting locations; (4) the Indian nation, tribe or pueblo provides the facility and services for the early voting location; and (5) the early voting location may operate for less than the full early voting period, to be decided upon between the Indian nation, tribe or pueblo and the county clerk. B. When responding to a written request, the county clerk shall evaluate the population on the Indian nation, tribal or pueblo land, the distance voters have to travel and the number of monitored secured containers and early voting locations on or near the Indian nation, tribal or pueblo land." Chapter 84 Section 18 Laws 2023 SECTION 18. A new Section 1-21A-7 NMSA 1978 is enacted to read: "1-21A-7. MONITORED SECURED CONTAINERS--REQUIREMENTS.-- A. A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more monitored secured containers on or near Indian nation, tribal or pueblo land shall evaluate the population on the Indian nation, tribal or pueblo land, the distance voters have to travel and the number of monitored secured containers and early voting locations on or near the Indian nation, tribal or pueblo land. The county clerk shall respond in writing to the Indian nation, tribe or pueblo regarding the provision

of monitored secured containers on or near Indian nation, tribal or pueblo land within thirty days of receiving the written request. B. An Indian nation, tribe or pueblo whose written request to a county clerk for monitored secured containers is denied may appeal that decision by submitting the written request along with the denial letter from the county clerk to the secretary of state, along with any response to the denial letter from the Indian nation, tribe or pueblo. The secretary of state may place a monitored secured container on or near Indian nation, tribal or pueblo land in response to an appeal submitted by an Indian nation, tribe or pueblo. C. A monitored secured container located on or near Indian nation, tribal or pueblo land shall comply with all requirements for monitored secured containers provided in the Election Code. If a monitored secured container is located on Indian nation, tribal or pueblo land, the Indian nation, tribe or pueblo shall provide the facility and services necessary for the monitored secured container." Chapter 84 Section 19 Laws 2023 SECTION 19. A new Section 1-21A-8 NMSA 1978 is enacted to read: "1-21A-8. USE OF GOVERNMENTAL AND OFFICIAL BUILDINGS AS MAILING ADDRESSES ON VOTER REGISTRATION CERTIFICATES AND MAILED BALLOT APPLICATIONS.-- A. The secretary of state shall maintain a list of government and official buildings on Indian nation, tribal and pueblo land where members of the Indian nation, tribe or pueblo may request delivery of mailed ballots. The list shall include the common name for each building and the mailing address for the building. The list shall be provided by county to each county clerk with an Indian nation, tribe or pueblo in the county. B. If a county clerk receives a voter registration certificate or an application for a mailed ballot that lists a government or official building on Indian nation, tribal or pueblo land by name only, the county clerk shall not reject the certificate or application for lack of a mailing address and, if the certificate or application is otherwise in the proper form, shall mail the ballot and balloting materials to the voter using the address for the government or official building." Chapter 84 Section 20 Laws 2023 SECTION 20. A new Section 1-21A-9 NMSA 1978 is enacted to read: "1-21A-9. EMERGENCY SITUATIONS.--If the president, governor or governing body of an Indian nation, tribe or pueblo has declared a state of emergency or has invoked emergency powers pursuant to other laws:

A. a polling place located on the Indian nation, tribal or pueblo land shall not be eliminated or consolidated with other polling places, nor shall the days and times of voting be modified, without the written agreement of the Indian nation, tribe or pueblo; B. no later than ninety-eight days before a statewide election by means of a written request or no later than forty-nine days before a statewide election with a court order, the county clerk shall provide to an Indian nation, tribe or pueblo that has not previously requested for that election cycle at least one alternate voting or mobile alternate voting location for that election; provided that the alternate voting or mobile alternate voting location shall otherwise comply with the requirements of Section 1-21A- 6 NMSA 1978; C. no later than eighty-four days before a statewide election by means of a written request or no later than thirty-five days before a statewide election with a court order, the county clerk shall provide an election day polling place to an Indian nation, tribe or pueblo that does not already have an election day polling place within its boundaries if voters registered within the Indian nation, tribe or pueblo are unable to leave the Indian nation, tribe or pueblo during the time when voting occurs for a statewide election; and D. the requirement that a polling place be available to all voters in the county shall be waived if an Indian nation, tribe or pueblo is inaccessible or the borders are closed." Chapter 84 Section 21 Laws 2023 SECTION 21. A new Section 1-21A-11 NMSA 1978 is enacted to read: "1-21A-11. EXPENSES.-- A. All necessary and reasonable expenses incurred by a county clerk for compliance with the Native American Voting Rights Act, including the costs of voting equipment and personnel for polling places and monitored secured containers on Indian nation, tribal or pueblo land, shall be paid for by the secretary of state or shall be reimbursed to the county by the secretary of state. B. The secretary of state shall distribute from the election fund sufficient funds to each county for the costs related to compliance with the Native American Voting Rights Act, either as grants or reimbursement." Chapter 84 Section 22 Laws 2023 SECTION 22. Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended by Laws 2011, Chapter 35, Section 1 and by Laws 2011, Chapter 154, Section 1) is amended to read:

"22-2-8.1. SCHOOL YEAR--LENGTH OF SCHOOL DAY--MINIMUM.-- A. Except as otherwise provided in this section, regular students shall be in school-directed programs, exclusive of lunch, for a minimum of the following: (1) kindergarten, for half-day programs, two and one-half hours per day or four hundred fifty hours per year or, for full-day programs, five and one-half hours per day or nine hundred ninety hours per year; (2) grades one through six, five and one-half hours per day or nine hundred ninety hours per year; and (3) grades seven through twelve, six hours per day or one thousand eighty hours per year. B. Up to thirty-three hours of the full-day kindergarten program may be used for home visits by the teacher or for parent-teacher conferences. Up to twenty-two hours of grades one through six programs may be used for home visits by the teacher or for parent-teacher conferences. Up to twelve hours of grades seven through twelve programs may be used to consult with parents to develop next step plans for students and for parent-teacher conferences. C. Nothing in this section precludes a local school board from setting a school year or the length of school days in excess of the minimum requirements established by Subsection A of this section. D. The secretary may waive the minimum length of school days in those school districts where such minimums would create undue hardships as defined by the department as long as the school year is adjusted to ensure that students in those school districts receive the same total instructional time as other students in the state. E. Notwithstanding any other provision of this section, provided that instruction occurs simultaneously, time when breakfast is served or consumed pursuant to a state or federal program shall be deemed to be time in a school-directed program and is part of the instructional day. F. Every general election and regular local election shall be a school holiday for students and staff at each public school in this state." Chapter 84 Section 23 Laws 2023 SECTION 23. Section 31-13-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-14, as amended) is amended to read: "31-13-1. FELONY CONVICTION--RESTORATION OF RIGHT TO HOLD OFFICE OF PUBLIC TRUST.--A person who has been convicted of a felony shall not

be permitted to hold an office of public trust for the state, a county, a municipality or a district, unless the person has presented the governor with a certificate verifying the completion of the sentence and was granted a pardon or a certificate by the governor restoring the person's full rights of citizenship." Chapter 84 Section 24 Laws 2023 SECTION 24. REPEAL.-- A. Sections 1-3-7.2 and 1-6-5.8 NMSA 1978 (being Laws 2021, Chapter 107, Section 1 and Laws 2009, Chapter 251, Section 2, as amended) are repealed effective July 1, 2023. B. Section 1-4-5.8 NMSA 1978 (being Laws 2019, Chapter 67, Section 2) is repealed effective July 1, 2025. Chapter 84 Section 25 Laws 2023 SECTION 25. EFFECTIVE DATE.-- A. The effective date of the provisions of Sections 1, 3 through 6, 11 through 21 and 23 of this act is July 1, 2023. B. The effective date of the provisions of Sections 10 and 22 of this act is January 1, 2024. C. The effective date of the provisions of Sections 2 and 7 through 9 of this act is July 1, 2025. LAWS 2023, CHAPTER 85 SFC/STBTC/Senate Bill 147, aa, w/ec Approved March 30, 2023 AN ACT RELATING TO TAXATION; PROVIDING FOR A TAX EXPENDITURE BUDGET; PROVIDING FOR DESTINATION-BASED SOURCING FOR THE CANNABIS EXCISE TAX; REQUIRING THE TAXATION AND REVENUE DEPARTMENT TO MAKE PUBLICLY AVAILABLE CERTAIN REPORTS ON SPECIAL FUEL FOR WHICH THE SPECIAL FUELS EXCISE TAX IS IMPOSED; CLARIFYING REPORTING LOCATION INSTRUCTIONS FOR CERTAIN PROPERTY; PROVIDING THAT CERTAIN LICENSES SHALL NOT BE ISSUED OR RENEWED IF THE LICENSEE IS A DELINQUENT TAXPAYER FOR CERTAIN TAXES; AMENDING CERTAIN PROVISIONS FOR A

CLAIM FOR REFUND; AMENDING DEFINITIONS IN THE CORPORATE INCOME AND FRANCHISE TAX ACT AND THE GROSS RECEIPTS AND COMPENSATING TAX ACT; INCLUDING THE USE OF SERVICES BY GOVERNMENTAL AGENCIES IN A COMPENSATING TAX DEDUCTION; INCLUDING PAYMENTS FROM THE FEDERAL AMERICAN RESCUE PLAN ACT OF 2021 IN A GROSS RECEIPTS TAX EXEMPTION FOR CERTAIN HEALTH CARE PROVIDERS; INCLUDING THE SALE TO GOVERNMENTAL AGENCIES OF LICENSES TO USE CERTAIN DIGITAL GOODS IN CERTAIN GROSS RECEIPTS TAX AND GOVERNMENTAL GROSS RECEIPTS TAX DEDUCTIONS; REMOVING A REQUIREMENT THAT A GROSS RECEIPTS OR SIMILAR TAX LEVIED BY A TRIBE BE AT A RATE NOT GREATER THAN THE TOTAL OF THE GROSS RECEIPTS AND LOCAL OPTION GROSS RECEIPTS TAXES; DELETING AN EXPIRED EXEMPTION FROM THE MOTOR VEHICLE EXCISE TAX; CLARIFYING THE IMPOSITION OF THE TRIP TAX; CLARIFYING WHEN THE PREMIUM TAX IS IMPOSED ON CERTAIN TAXPAYERS AND WHEN CERTAIN CREDITS WILL BE APPLIED; ADJUSTING THE LENGTH OF TIME AN APPLICANT FOR A CERTIFICATE AS A CERTIFIED PUBLIC ACCOUNTANT HAS TO PASS ALL PARTS OF THE CERTIFICATION EXAMINATION; RECONCILING CONFLICTING AMENDMENTS TO THE SAME SECTION OF LAW BY REPEALING LAWS 2021, CHAPTER 65, SECTION 13; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 85 Section 1 Laws 2023 SECTION 1. A new section of the Tax Administration Act is enacted to read: "TAX EXPENDITURE BUDGET.-- A. No later than November 15 of each year, the secretary shall compile and present a tax expenditure budget to the governor, the revenue stabilization and tax policy committee and the legislative finance committee and post the tax expenditure budget to the department's website. B. A tax expenditure budget shall include the following information for each tax expenditure of a tax administered by the department: (1) the statutory basis; (2) the year of enactment, amendment or repeal, if any; (3) a brief description;

(4) the intended purpose, if specified in the law providing for the tax expenditure; (5) an estimate of the amount of foregone revenue by fiscal year for the three fiscal years preceding the current fiscal year, including the general fund, other state funds and local government revenues; (6) the number of taxpayers that claimed a tax expenditure for each fiscal year reported, unless reporting of such data is in a form that can be associated with or otherwise identify, directly or indirectly, a particular taxpayer; (7) the data source used for the estimate; (8) a description of the reliability of the estimate; (9) an evaluation of the tax expenditure, if required in statute for the specific expenditure; and (10) a description of the tax expenditure's effect on tax administration, if any. C. The department may request from an executive agency or a local government agency or official the information necessary to complete a tax expenditure budget required by this section. The agency or official shall comply with a request made pursuant to this section by the department as permitted by law. D. As used in this section, "tax expenditure" means a provision of law administered by the department to reflect state tax policy, as determined by the secretary, including promoting the general welfare of citizens, giving preferential tax treatment to a specific industry or reflecting a specific purpose, including incentivizing consumer behavior, economic development or job creation. A tax expenditure does not include provisions of laws enacted to prevent violation of state or federal law, prevent federal preemption, ensure comity between governments, avoid multiple taxation or define a tax base." Chapter 85 Section 2 Laws 2023 SECTION 2. Section 7-1-6.68 NMSA 1978 (being Laws 2021 (1st S.S.), Chapter 4, Section 50) is amended to read: "7-1-6.68. DISTRIBUTION--CANNABIS EXCISE TAX--MUNICIPALITIES AND COUNTIES.-- A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to each municipality, subject to any increase or decrease made pursuant to Section 7-1- 6.15 NMSA 1978, in an amount equal to thirty-three and thirty-three hundredths percent

of the net receipts attributable to the cannabis excise tax from business locations within the municipality as reported pursuant to Section 7-42-4 NMSA 1978. B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to each county in an amount equal to thirty-three and thirty-three hundredths percent of the net receipts attributable to the cannabis excise tax from business locations within the county area of the county as reported pursuant to Section 7-42-4 NMSA 1978. C. The department may deduct an amount not to exceed three percent of the distributions made pursuant to this section for the reasonable costs for administering the distributions. D. As used in this section, "county area" means that portion of a county located outside the boundaries of any municipality." Chapter 85 Section 3 Laws 2023 SECTION 3. Section 7-1-8.2 NMSA 1978 (being Laws 2009, Chapter 243, Section 4) is amended to read: "7-1-8.2. INFORMATION REQUIRED TO BE REVEALED.-- A. The department shall: (1) furnish returns and return information required by a provision of the Tax Administration Act to be made available to the public by the department; (2) answer all inquiries concerning whether a person is or is not a registered taxpayer for tax programs that require registration, but nothing in this subsection shall be construed to allow the department to answer inquiries concerning whether a person has filed a tax return; (3) furnish, upon request for inspection by a member of the public pursuant to: (a) Section 7-1-28 or Section 7-1-29 NMSA 1978, the taxpayer name, abatement, refund or credit amount, tax program or business tax credit and the date the abatement, refund or credit was issued; and (b) Section 7-1-21 NMSA 1978, the installment agreement; and (4) with respect to the taxes on gasoline and special fuel imposed by the Gasoline Tax Act and the Special Fuels Supplier Tax Act, make available for public inspection at monthly intervals a report covering the number of gallons of gasoline, ethanol blended fuels and special fuel received and deducted and the amount of tax

paid by each person required to file a gasoline tax return or special fuel tax return or pay gasoline tax or special fuel excise tax in the state of New Mexico. B. Nothing in this section shall be construed to require the release of information that would violate an agreement between the state and the federal internal revenue service for sharing of information or any provision or rule of the federal Internal Revenue Code to which a state is subject." Chapter 85 Section 4 Laws 2023 SECTION 4. Section 7-1-14 NMSA 1978 (being Laws 2020, Chapter 80, Section 1) is amended to read: "7-1-14. REPORTING LOCATION INSTRUCTIONS FOR PURPOSES OF REPORTING GROSS RECEIPTS AND USE--LOCATION-CODE DATABASE AND LOCATION-RATE DATABASE.-- A. For purposes of the Gross Receipts and Compensating Tax Act, Interstate Telecommunications Gross Receipts Tax Act, Leased Vehicle Gross Receipts Tax Act and any act authorizing the imposition of a local option gross receipts or compensating tax, a taxpayer that has gross receipts and a taxpayer using property or services in New Mexico in a taxable manner shall report the gross receipts and use to the proper reporting location as provided in this section. B. The reporting location for gross receipts from the sale, lease or granting of a license to use real property located in New Mexico, and any related deductions, shall be the location of the property. C. The reporting location for gross receipts from the sale or license of property, other than real property, and any related deductions, shall be at the following locations: (1) if the property is received by the purchaser at the New Mexico location of the seller, the location of the seller; (2) if the property is not received by the purchaser at the location of the seller, the location indicated by instructions for delivery to the purchaser, or the purchaser's donee, when known to the seller; (3) if Paragraphs (1) and (2) of this subsection do not apply, the location indicated by an address for the purchaser available from the business records of the seller that are maintained in the ordinary course of business; provided that use of the address does not constitute bad faith; (4) if Paragraphs (1) through (3) of this subsection do not apply, the location for the purchaser obtained during consummation of the sale, including the

address of a purchaser's payment instrument, if no other address is available; provided that use of this address does not constitute bad faith; or (5) if Paragraphs (1) through (4) of this subsection do not apply, including a circumstance in which the seller is without sufficient information to apply those standards, the location from which the property was shipped or transmitted. D. The reporting location for gross receipts from the lease of tangible personal property, including vehicles, other transportation equipment and other mobile tangible personal property, and any related deductions, shall be the location of primary use of the property, as indicated by the address for the property provided by the lessee that is available to the lessor from the lessor's records maintained in the ordinary course of business; provided that use of this address does not constitute bad faith. The location of primary use shall not be altered by intermittent use at different locations, such as use of business property that accompanies employees on business trips and service calls. E. The reporting location for gross receipts from the sale, lease or license of franchises, and any related deductions, shall be where the franchise is used. F. The reporting location for gross receipts from the performance or sale of the following services, and any related deductions, shall be at the following locations: (1) for professional services performed in New Mexico, other than construction-related services, or performed outside New Mexico when the product of the service is initially used in New Mexico, the location of the performer of the service or seller of the product of the service, as appropriate; (2) for construction services and construction-related services performed for a construction project in New Mexico, the location of the construction site; (3) for services with respect to the selling of real estate located in New Mexico, the location of the real estate; (4) for transportation of persons or property in, into or from New Mexico, the location where the person or property enters the vehicle; and (5) for services other than those described in Paragraphs (1) through (4) of this subsection, the location where the product of the service is delivered. G. Except as provided in Subsection H of this section, the reporting location for uses of property or services subject to the compensating tax shall be the location at which gross receipts would have been required to be reported had the transaction been subject to the gross receipts tax. H. If a taxpayer subject to the compensating tax can demonstrate that the first use upon which compensating tax is imposed occurred at a time and place different

from the time and place of the purchase, then the reporting location for the compensating tax shall be the location of the first use. I. The secretary shall develop a location-code database that provides the reporting location codes designated by the secretary. The secretary shall also develop and provide to taxpayers a location-rate database that sets out the tax rates applicable to reporting locations within the state, by address, and sellers who properly rely on this database shall not be liable for any additional tax due to the use of an incorrect rate. J. As used in this section: (1) "gross receipts" means, as applicable, "gross receipts" as used in the Gross Receipts and Compensating Tax Act and the Leased Vehicle Gross Receipts Tax Act and "interstate telecommunications gross receipts" in the Interstate Telecommunications Gross Receipts Tax Act; (2) "in-person service" means a service physically provided in person by the service provider, where the customer or the customer's real or tangible personal property upon which the service is performed is in the same location as the service provider at the time the service is performed; and (3) "professional service" means a service, other than an in-person service, that requires either an advanced degree from an accredited post-secondary educational institution or a license from the state to perform." Chapter 85 Section 5 Laws 2023 SECTION 5. Section 7-1-26 NMSA 1978 (being Laws 1965, Chapter 248, Section 28, as amended) is amended to read: "7-1-26. DISPUTING LIABILITIES--CLAIM FOR CREDIT, REBATE OR REFUND.-- A. A person who believes that an amount of tax has been paid by or withheld from that person in excess of that for which the person was liable, who has been denied a credit or rebate claimed or who claims a prior right to property in the possession of the department pursuant to a levy made pursuant to the authority of Sections 7-1-31 through 7-1-34 NMSA 1978 may claim a refund by directing to the secretary, within the time limitations provided by Subsections F and G of this section, a written claim for refund that, except as provided in Subsection K of this section, includes: (1) the taxpayer's name, address and identification number; (2) the type of tax for which a refund is being claimed, the credit or rebate denied or the property levied upon;

(3) the sum of money or other property being claimed; (4) with respect to a refund, the period for which overpayment was made; (5) a brief statement of the facts and the law on which the claim is based, which may be referred to as the "basis for the refund", which may include documentation that substantiates the written claim and supports the taxpayer's basis for the refund; and (6) if applicable, a copy of an amended return for each tax period for which the refund is claimed. B. A claim for refund that meets the requirements of Subsection A of this section and that is filed within the time limitations provided by Subsections F and G of this section is deemed to be properly before the department for consideration, regardless of whether the department requests additional documentation after receipt of the claim for refund. C. If the department requests additional relevant documentation from a taxpayer who has submitted a claim for refund, the claim for refund shall not be considered incomplete provided the taxpayer submits sufficient information for the department to make a determination. D. The secretary or the secretary's delegate may allow the claim in whole or in part or may deny the claim. If the: (1) claim is denied in whole or in part in writing, the person shall not refile the denied claim, but the person, within ninety days after either the mailing or delivery of the denial of all or any part of the claim, may elect to pursue only one of the remedies provided in Subsection E of this section; and (2) department has neither granted nor denied any portion of a complete claim for refund within one hundred eighty days after the claim was mailed or otherwise delivered to the department, the person may elect to treat the claim as denied and elect to pursue only one of the remedies provided in Subsection E of this section. E. A person may elect to pursue only one of the remedies provided in this subsection. A person who timely pursues more than one remedy is deemed to have elected the first. The person may: (1) direct to the secretary, pursuant to the provisions of Section 7-1-24 NMSA 1978, a written protest that sets forth:

(a) the circumstances of: 1) an alleged overpayment; 2) a denied credit; 3) a denied rebate; or 4) a denial of a prior right to property levied upon by the department; (b) an allegation that, because of that overpayment or denial, the state is indebted to the taxpayer for a specified amount, including any allowed interest, or for the property; (c) a demand for the refund to the taxpayer of that amount or that property; and (d) a recitation of the facts of the claim for refund; or (2) commence a civil action in the district court for Santa Fe county by filing a complaint setting forth the circumstance of the claimed overpayment, denied credit or rebate or denial of a prior right to property levied upon by the department alleging that on account thereof the state is indebted to the plaintiff in the amount or property stated, together with any interest allowable, demanding the refund to the plaintiff of that amount or property and reciting the facts of the claim for refund. The plaintiff or the secretary may appeal from any final decision or order of the district court to the court of appeals. F. Except as otherwise provided in Subsection G of this section, a credit or refund of any amount of overpaid tax, penalty or interest may be allowed or made to a person if a claim is properly filed: (1) only within three years after the end of the calendar year in which the applicable event occurs: (a) in the case of tax paid with an original or amended state return, the date the related tax was originally due; (b) in the case of tax paid in response to an assessment by the department pursuant to Section 7-1-17 NMSA 1978, the date the tax was paid; (c) in the case of tax with respect to which a net-negative federal adjustment, as that term is used in Section 7-1-13 NMSA 1978, relates, the final determination date of that federal adjustment, as provided in Section 7-1-13 NMSA 1978; (d) the final determination of value occurs with respect to any overpayment that resulted from a disapproval by any agency of the United States or the state of New Mexico or any court of increase in value of a product subject to taxation pursuant to the Oil and Gas Severance Tax Act, the Oil and Gas Conservation Tax Act, the Oil and Gas Emergency School Tax Act, the Oil and Gas Ad Valorem Production Tax Act or the Natural Gas Processors Tax Act; or

(e) in the case of a claim related to property taken by levy, the date the property was levied upon as provided in the Tax Administration Act; (2) in the case of a denial of a claim for credit pursuant to the Investment Credit Act, Laboratory Partnership with Small Business Tax Credit Act or Technology Jobs and Research and Development Tax Credit Act or for the rural job tax credit provided by Section 7-2E-1.1 NMSA 1978 or similar credit, only within one year after the date of the denial; (3) in the case of a taxpayer under audit by the department who has signed a waiver of the limitation on assessments on or after July 1, 1993 pursuant to Subsection F of Section 7-1-18 NMSA 1978, only for a refund of the same tax paid for the same period for which the waiver was given, and only until a date one year after the later of the date of the mailing of an assessment issued pursuant to the audit, the date of the mailing of final audit findings to the taxpayer or the date a proceeding is begun in court by the department with respect to the same tax and the same period; (4) in the case of a payment of an amount of tax not made within three years of the end of the calendar year in which the original due date of the tax or date of the assessment of the department occurred, only for a claim for refund of that amount of tax and only within one year of the date on which the tax was paid; or (5) in the case of a taxpayer who has been assessed a tax on or after July 1, 1993 pursuant to Subsection B, C or D of Section 7-1-18 NMSA 1978 and an assessment that applies to a period ending at least three years prior to the beginning of the year in which the assessment was made, only for a refund for the same tax for the period of the assessment or for any period following that period within one year of the date of the assessment unless a longer period for claiming a refund is provided in this section. G. No credit or refund shall be allowed or made to a person claiming a refund of gasoline tax pursuant to Section 7-13-11 NMSA 1978 unless notice of the destruction of the gasoline was given to the department within thirty days of the actual destruction and the claim for refund is made within six months of the date of destruction. No credit or refund shall be allowed or made to a person claiming a refund of gasoline tax pursuant to Section 7-13-17 NMSA 1978 unless the refund is claimed within six months of the date of purchase of the gasoline and the gasoline has been used at the time the claim for refund is made. H. If, as a result of an audit by the department or a managed audit covering multiple periods, an overpayment of tax is found in any period under the audit and if the taxpayer files a claim for refund for the overpayments identified in the audit, that overpayment may be credited against an underpayment of the same tax found in another period under audit pursuant to Section 7-1-29 NMSA 1978.

I. A refund of tax paid under any tax or tax act administered pursuant to Subsection B of Section 7-1-2 NMSA 1978 may be made, at the discretion of the department, in the form of credit against future tax payments if future tax liabilities in an amount at least equal to the credit amount reasonably may be expected to become due. J. For the purposes of this section, "oil and gas tax return" means a return reporting tax due with respect to oil, natural gas, liquid hydrocarbons, carbon dioxide, helium or nonhydrocarbon gas pursuant to the Oil and Gas Severance Tax Act, the Oil and Gas Conservation Tax Act, the Oil and Gas Emergency School Tax Act, the Oil and Gas Ad Valorem Production Tax Act, the Natural Gas Processors Tax Act or the Oil and Gas Production Equipment Ad Valorem Tax Act. K. The filing of a fully completed original income tax return, corporate income tax return, corporate income and franchise tax return, estate tax return, special fuel excise tax return or annual insurance premium tax return that shows a balance due the taxpayer or a fully completed amended income tax return, an amended corporate income tax return, an amended corporate income and franchise tax return, an amended estate tax return, an amended special fuel excise tax return, an amended oil and gas tax return or an amended insurance premium tax return that shows a lesser tax liability than the original return constitutes the filing of a claim for refund for the difference in tax due shown on the original and amended returns. L. In no case may a credit or refund be claimed if the related federal adjustment is taken into account by a partnership in the partnership's tax return for the adjustment year and allocated to the partners in a manner similar to other partnership tax items." Chapter 85 Section 6 Laws 2023 SECTION 6. Section 7-1-82 NMSA 1978 (being Laws 1973, Chapter 179, Section 1, as amended) is amended to read: "7-1-82. TRANSFER, ASSIGNMENT, SALE, LEASE OR RENEWAL OF LIQUOR LICENSE.-- A. The director of the alcoholic beverage control division of the regulation and licensing department shall not allow the transfer, assignment, lease or sale of any liquor license pursuant to the provisions of the Liquor Control Act until the director receives written notification from the secretary or secretary's delegate that: (1) the licensee or any person authorized to use the license is not a delinquent taxpayer as provided in Section 7-1-16 NMSA 1978 only with respect to the liquor excise tax or the gross receipts tax; or (2) the transferee, assignee, buyer or lessee has entered into a written agreement with the secretary or secretary's delegate in which the transferee, assignee,

buyer or lessee has assumed full liability for payment of all taxes due or that may become due from the licensee with respect to the liquor excise tax or the gross receipts tax. B. The director of the alcoholic beverage control division of the regulation and licensing department shall not allow the renewal of any liquor license pursuant to the provisions of the Liquor Control Act until the director receives notification from the secretary or secretary's delegate that on a certain date: (1) the licensee is not a delinquent taxpayer as provided in Section 7-1- 16 NMSA 1978 only with respect to the liquor excise tax or the gross receipts tax; and (2) there are no unfiled tax returns due from the licensee with respect to the liquor excise tax or the gross receipts tax." Chapter 85 Section 7 Laws 2023 SECTION 7. Section 7-2-5.5 NMSA 1978 (being Laws 1995, Chapter 42, Section 1) is amended to read: "7-2-5.5. EXEMPTION--EARNINGS BY INDIANS, THEIR INDIAN SPOUSES AND INDIAN DEPENDENTS ON INDIAN LANDS.--Income earned by a member of a New Mexico federally recognized Indian nation, tribe, band or pueblo, the member's spouse or dependent, who is a member of a New Mexico federally recognized Indian nation, tribe, band or pueblo, is exempt from state income tax if the income is earned from work performed within and the member, spouse or dependent is domiciled within the boundaries of the Indian member's or the spouse's reservation or pueblo grant or within the boundaries of land defined as "Indian country" pursuant to 18 U.S.C. Section 1151, as that section may be amended or renumbered, for that nation, tribe, band or pueblo." Chapter 85 Section 8 Laws 2023 SECTION 8. Section 7-2A-2 NMSA 1978 (being Laws 1986, Chapter 20, Section 33, as amended) is amended to read: "7-2A-2. DEFINITIONS.--For the purpose of the Corporate Income and Franchise Tax Act and unless the context requires otherwise: A. "bank" means any national bank, national banking association, state bank or bank holding company; B. "apportioned net income" or "apportioned net loss" means net income allocated and apportioned to New Mexico pursuant to the provisions of the Corporate Income and Franchise Tax Act or the Uniform Division of Income for Tax Purposes Act,

but excluding from the sales factor any sales that represent intercompany transactions between members of the filing group; C. "base income" means the federal taxable income or the federal net operating loss of a corporation for the taxable year calculated pursuant to the Internal Revenue Code, after special deductions provided in Sections 241 through 249 of the Internal Revenue Code but without any deduction for net operating losses, as if the corporation filed a federal tax return as a separate domestic entity, modified as follows: (1) adding to that income: (a) interest received on a state or local bond exempt under the Internal Revenue Code; (b) the amount of any deduction claimed in calculating taxable income for all expenses and costs directly or indirectly paid, accrued or incurred to a captive real estate investment trust; (c) the amount of any deduction, other than for premiums, for amounts paid directly or indirectly to a commonly controlled entity that is exempt from corporate income tax pursuant to Section 7-2A-4 NMSA 1978; and (d) for taxable years beginning on or after January 1, 2023, an amount equal to the amount of credit claimed and allowed for that year pursuant to Section 7-3A-10 NMSA 1978 with respect to the distributed net income of a pass- through entity; (2) subtracting from that income: (a) income from obligations of the United States net of expenses incurred to earn that income; (b) other amounts that the state is prohibited from taxing because of the laws or constitution of this state or the United States net of any related expenses; (c) an amount equal to one hundred percent of the subpart F income, as that term is defined in Section 952 of the Internal Revenue Code, as that section may be amended or renumbered, included in the income of the corporation; and (d) an amount equal to one hundred percent of the income of the corporation under Section 951A of the Internal Revenue Code, after allowing the deduction provided in Section 250 of the Internal Revenue Code;

(3) making other adjustments deemed necessary to properly reflect income of the unitary group, including attribution of income or expense related to unitary assets held by related corporations that are not part of the filing group; and (4) for a taxpayer that conducts a lawful business pursuant to the laws of this state, excludes an amount equal to any expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed pursuant to Section 280E of the Internal Revenue Code, as that section may be amended or renumbered; D. "captive real estate investment trust" means a corporation, trust or association taxed as a real estate investment trust pursuant to Section 857 of the Internal Revenue Code, the shares or beneficial interests of which are not regularly traded on an established securities market; provided that more than fifty percent of any class of beneficial interests or shares of the real estate investment trust are owned directly, indirectly or constructively by the taxpayer during all or a part of the taxpayer's taxable year; E. "common ownership" means the direct or indirect control or ownership of more than fifty percent of the outstanding voting stock, ownership of which is determined pursuant to Section 1563 of the Internal Revenue Code, as that section may be amended or renumbered, of: (1) a parent-subsidiary controlled group as defined in Section 1563 of the Internal Revenue Code, except that fifty percent shall be substituted for eighty percent; (2) a brother-sister controlled group as defined in Section 1563 of the Internal Revenue Code; or (3) three or more corporations each of which is a member of a group of corporations described in Paragraph (1) or (2) of this subsection, and one of which is: (a) a common parent corporation included in a group of corporations described in Paragraph (1) of this subsection; and (b) included in a group of corporations described in Paragraph (2) of this subsection; F. "consolidated group" means the group of entities properly filing a federal consolidated return under the Internal Revenue Code for the taxable year; G. "corporation" means corporations, joint stock companies, real estate trusts organized and operated under the Real Estate Trust Act, financial corporations and banks, other business associations and, for corporate income tax purposes, partnerships and limited liability companies taxed as corporations under the Internal Revenue Code;

H. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary; I. "filing group" means a group of corporations properly included in a return pursuant to Section 7-2A-8.3 NMSA 1978 for a particular taxable year; J. "fiscal year" means any accounting period of twelve months ending on the last day of any month other than December; K. "grandfathered net operating loss carryover" means: (1) the amount of net loss properly reported to New Mexico for taxable years beginning January 1, 2013 and prior to January 1, 2020 as part of a timely filed original return, or an amended return for those taxable years filed prior to January 1, 2020, to the extent such loss can be attributed to one or more corporations that are properly included in the taxpayer's return for the first taxable year beginning on or after January 1, 2020; (2) reduced by: (a) adding back deductions that were taken by the corporation or corporations for royalties or interest paid to one or more related corporations, but only to the extent that such adjustment would not create a net loss for such related corporations; and (b) the amount of net operating loss deductions taken prior to January 1, 2020 that would be charged against those losses consistent with the Internal Revenue Code and provisions of the Corporate Income and Franchise Tax Act applicable to the year of the deduction; and (3) apportioned to New Mexico using the apportionment factors that can properly be attributed to the corporation or corporations for the year of the net loss; L. "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended; M. "net income" means: (1) the base income of a corporation properly filing a tax return as a separate entity; or (2) the combined base income and losses of corporations that are part of a filing group that is computed after eliminating intercompany income and expense in a manner consistent with the consolidated filing requirements of the Internal Revenue Code and the Corporate Income and Franchise Tax Act;

N. "net operating loss carryover" means the apportioned net loss properly reported on an original or amended tax return for taxable years beginning on or after January 1, 2020 by the taxpayer: (1) plus: (a) the portion of an apportioned net loss properly reported to New Mexico for a taxable year beginning on or after January 1, 2020, on a separate year return, to the extent the taxpayer would have been entitled to include the portion of such apportioned net loss in the taxpayer's consolidated net operating loss carryforward under the Internal Revenue Code if the taxpayer filed a consolidated federal return; and (b) the taxpayer's grandfathered net operating loss carryover; and (2) minus: (a) the amount of the net operating loss carryover attributed to an entity that has left the filing group, computed in a manner consistent with the consolidated filing requirements of the Internal Revenue Code and applicable regulations, as if the taxpayer were filing a consolidated return; and (b) the amount of net operating loss deductions properly taken by the taxpayer; O. "net operating loss deduction" means the portion of the net operating loss carryover that may be deducted from the taxpayer's apportioned net income under the Internal Revenue Code as of January 1, 2018 for the taxable year in which the deduction is taken, including the eighty percent limitation of Section 172(a) of the Internal Revenue Code as of January 1, 2018 calculated on the basis of the taxpayer's apportioned net income; P. "person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, limited liability company, joint venture, syndicate or other association; "person" also means, to the extent permitted by law, any federal, state or other governmental unit or subdivision or agency, department or instrumentality thereof; Q. "real estate investment trust" has the meaning ascribed to the term in Section 856 of the Internal Revenue Code, as that section may be amended or renumbered; R. "related corporation" means a corporation that is under common ownership with one or more corporations but that is not included in the same tax return;

S. "return" means any tax or information return, including a water's-edge or worldwide combined return, a consolidated return, a declaration of estimated tax or a claim for refund, including any amendments or supplements to the return, required or permitted pursuant to a law subject to administration and enforcement pursuant to the Tax Administration Act and filed with the department by or on behalf of any person; T. "secretary" means the secretary of taxation and revenue or the secretary's delegate; U. "separate year return" means a properly filed original or amended return for a taxable year beginning on or after January 1, 2020 by a taxpayer reporting a loss, a portion of which is claimed as part of the net operating loss carryover by another taxpayer in a subsequent return period; V. "state" means any state of the United States, the District of Columbia, the commonwealth of Puerto Rico, any territory or possession of the United States or political subdivision thereof or any political subdivision of a foreign country; W. "state or local bond" means a bond issued by a state other than New Mexico or by a local government other than one of New Mexico's political subdivisions, the interest from which is excluded from income for federal income tax purposes under Section 103 of the Internal Revenue Code, as that section may be amended or renumbered; X. "taxable income" means a taxpayer's apportioned net income minus the net operating loss deduction for the taxable year; Y. "taxable year" means the calendar year or fiscal year upon the basis of which the net income is computed under the Corporate Income and Franchise Tax Act and includes, in the case of the return made for a fractional part of a year under the provisions of that act, the period for which the return is made; Z. "taxpayer" means any corporation or group of corporations filing a return pursuant to Section 7-2A-8.3 NMSA 1978 subject to the taxes imposed by the Corporate Income and Franchise Tax Act; AA. "unitary group" means a group of two or more corporations, including a captive real estate investment trust, but not including an S corporation, an insurance company subject to the provisions of the New Mexico Insurance Code, an insurance company that would be subject to the New Mexico Insurance Code if the insurance company engaged in business in this state or a real estate investment trust that is not a captive real estate investment trust, that are: (1) related through common ownership; and

(2) economically interdependent with one another as demonstrated by the following factors: (a) centralized management; (b) functional integration; and (c) economies of scale; BB. "water's-edge group" means all corporations that are part of a unitary group, except: (1) corporations that are exempt from corporate income tax pursuant to Section 7-2A-4 NMSA 1978; and (2) corporations wherever organized or incorporated that have less than twenty percent of their property, payroll and sales sourced to locations within the United States, following the sourcing rules of the Uniform Division of Income for Tax Purposes Act; and CC. "worldwide combined group" means all members of a unitary group, except members that are exempt from corporate income tax pursuant to Section 7-2A-4 NMSA 1978, irrespective of the country in which the corporations are incorporated or conduct business activity." Chapter 85 Section 9 Laws 2023 SECTION 9. Section 7-9-3 NMSA 1978 (being Laws 1978, Chapter 46, Section 1, as amended) is amended to read: "7-9-3. DEFINITIONS.--As used in the Gross Receipts and Compensating Tax Act: A. "buying" or "selling" means a transfer of property for consideration or the performance of service for consideration; B. "department" means the taxation and revenue department, the secretary of taxation and revenue or an employee of the department exercising authority lawfully delegated to that employee by the secretary; C. "digital good" means a digital product delivered electronically, including software, music, photography, video, reading material, an application and a ringtone; D. "disclosed agency" means a person receiving money from a third party on behalf of another if the person receiving the money, or the person on whose behalf the money is received, disclosed the relationship to the third party from whom the person

receives money, or if the third party otherwise has actual knowledge that the person to whom the money is paid receives the money on behalf of another; E. "financial corporation" means a savings and loan association or an incorporated savings and loan company, trust company, mortgage banking company, consumer finance company or other financial corporation; F. "initial use" or "initially used" means the first employment for the intended purpose and does not include the following activities: (1) observation of tests conducted by the performer of services; (2) participation in progress reviews, briefings, consultations and conferences conducted by the performer of services; (3) review of preliminary drafts, drawings and other materials prepared by the performer of services; (4) inspection of preliminary prototypes developed by the performer of services; or (5) similar activities; G. "lease" or "leasing" means an arrangement whereby, for a consideration, the owner of property grants another person the exclusive right to possess and use the property for a definite term; H. "licensing" or "license" means an arrangement whereby, for a consideration, the owner of property grants another person a revocable, non-exclusive right to use the property; I. "local option gross receipts tax" means a tax authorized to be imposed by a county or municipality upon a taxpayer's gross receipts and required to be collected by the department at the same time and in the same manner as the gross receipts tax; J. "manufactured home" means a movable or portable housing structure for human occupancy that exceeds either a width of eight feet or a length of forty feet constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation; K. "manufacturing" means combining or processing components or materials to increase their value for sale in the ordinary course of business, but does not include construction services; farming; electric power generation; processing of natural resources, including hydrocarbons; or the processing or preparation of meals for immediate consumption;

L. "manufacturing service" means the service of combining or processing components or materials owned by another, but does not include construction services; farming; electric power generation; processing of natural resources, including hydrocarbons; or the processing or preparation of meals for immediate consumption; M. "marketplace provider" means a person who facilitates the sale, lease or license of tangible personal property or services or licenses for use of real property on a marketplace seller's behalf, or on the marketplace provider's own behalf, by: (1) listing or advertising the sale, lease or license, by any means, whether physical or electronic, including by catalog, internet website or television or radio broadcast; and (2) either directly or indirectly, through agreements or arrangements with third parties collecting payment from the customer and transmitting that payment to the seller, regardless of whether the marketplace provider receives compensation or other consideration in exchange for the marketplace provider's services; N. "marketplace seller" means a person who sells, leases or licenses tangible personal property or services or who licenses the use of real property through a marketplace provider; O. "person" means: (1) an individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, limited liability company, limited liability partnership, joint venture, syndicate or other entity, including any gas, water or electric utility owned or operated by a county, municipality or other political subdivision of the state; or (2) a national, federal, state, Indian or other governmental unit or subdivision, or an agency, department or instrumentality of any of the foregoing; P. "property" means: (1) real property; (2) tangible personal property, including electricity and manufactured homes; (3) licenses, including licenses of digital goods, but not including the licenses of copyrights, trademarks or patents; and (4) franchises;

Q. "research and development services" means an activity engaged in for other persons for consideration, for one or more of the following purposes: (1) advancing basic knowledge in a recognized field of natural science; (2) advancing technology in a field of technical endeavor; (3) developing a new or improved product, process or system with new or improved function, performance, reliability or quality, whether or not the new or improved product, process or system is offered for sale, lease or other transfer; (4) developing new uses or applications for an existing product, process or system, whether or not the new use or application is offered as the rationale for purchase, lease or other transfer of the product, process or system; (5) developing analytical or survey activities incorporating technology review, application, trade-off study, modeling, simulation, conceptual design or similar activities, whether or not offered for sale, lease or other transfer; or (6) designing and developing prototypes or integrating systems incorporating the advances, developments or improvements included in Paragraphs (1) through (5) of this subsection; R. "secretary" means the secretary of taxation and revenue or the secretary's delegate; S. "service" means all activities engaged in for other persons for a consideration, which activities involve predominantly the performance of a service as distinguished from selling or leasing property. "Service" includes activities performed by a person for its members or shareholders. In determining what is a service, the intended use, principal objective or ultimate objective of the contracting parties shall not be controlling. "Service" includes construction activities and all tangible personal property that will become an ingredient or component part of a construction project. That tangible personal property retains its character as tangible personal property until it is installed as an ingredient or component part of a construction project in New Mexico. Sales of tangible personal property that will become an ingredient or component part of a construction project to persons engaged in the construction business are sales of tangible personal property; and T. "use" or "using" includes use, consumption or storage other than storage for subsequent sale in the ordinary course of business or for use solely outside this state."

Chapter 85 Section 10 Laws 2023 SECTION 10. Section 7-9-3.5 NMSA 1978 (being Laws 2003, Chapter 272, Section 3, as amended) is amended to read: "7-9-3.5. DEFINITION--GROSS RECEIPTS.-- A. As used in the Gross Receipts and Compensating Tax Act: (1) "gross receipts" means the total amount of money or the value of other consideration received from selling property in New Mexico, from leasing or licensing property employed in New Mexico, from granting a right to use a franchise employed in New Mexico, from selling services performed outside New Mexico, the product of which is initially used in New Mexico, or from performing services in New Mexico. In an exchange in which the money or other consideration received does not represent the value of the property or service exchanged, "gross receipts" means the reasonable value of the property or service exchanged; (2) "gross receipts" includes: (a) any receipts from sales of tangible personal property handled on consignment; (b) the total commissions or fees derived from the business of buying, selling or promoting the purchase, sale or lease, as an agent or broker on a commission or fee basis, of any property, service, stock, bond or security; (c) amounts paid by members of any cooperative association or similar organization for sales or leases of personal property or performance of services by such organization; (d) amounts received from transmitting messages or conversations by persons providing telephone or telegraph services; (e) amounts received by a New Mexico florist from the sale of flowers, plants or other products that are customarily sold by florists where the sale is made pursuant to orders placed with the New Mexico florist that are filled and delivered outside New Mexico by an out-of-state florist; (f) the receipts of a home service provider from providing mobile telecommunications services to customers whose place of primary use is in New Mexico if: 1) the mobile telecommunications services originate and terminate in the same state, regardless of where the services originate, terminate or pass through; and 2) the charges for mobile telecommunications services are billed by or for a customer's home service provider and are deemed provided by the home service provider. For the purposes of this section, "home service provider", "mobile telecommunications

services", "customer" and "place of primary use" have the meanings given in the federal Mobile Telecommunications Sourcing Act; and (g) receipts collected by a marketplace provider engaging in business in the state from sales, leases and licenses of tangible personal property, sales of licenses and sales of services or licenses for use of real property that are sourced to this state and are facilitated by the marketplace provider on behalf of marketplace sellers, regardless of whether the marketplace sellers are engaging in business in the state; and (3) "gross receipts" excludes: (a) cash discounts allowed and taken; (b) New Mexico gross receipts tax, governmental gross receipts tax, leased vehicle gross receipts tax, and cannabis excise tax payable on transactions for the reporting period; (c) taxes imposed pursuant to the provisions of any local option gross receipts tax that is payable on transactions for the reporting period; (d) any gross receipts or sales taxes imposed by an Indian nation, tribe or pueblo; provided that the tax is approved, if approval is required by federal law or regulation, by the secretary of the interior of the United States; and provided further that the gross receipts or sales tax imposed by the Indian nation, tribe or pueblo provides a reciprocal exclusion for gross receipts, sales or gross receipts- based excise taxes imposed by the state or its political subdivisions; (e) any type of time-price differential; (f) amounts received solely on behalf of another in a disclosed agency capacity; and (g) amounts received by a New Mexico florist from the sale of flowers, plants or other products that are customarily sold by florists where the sale is made pursuant to orders placed with an out-of-state florist for filling and delivery in New Mexico by a New Mexico florist. B. When the sale of property or service is made under any type of charge, conditional or time-sales contract or the leasing of property is made under a leasing contract, the seller or lessor may elect to treat all receipts, excluding any type of time- price differential, under such contracts as gross receipts as and when the payments are actually received. If the seller or lessor transfers the seller's or lessor's interest in any such contract to a third person, the seller or lessor shall pay the gross receipts tax upon the full sale or leasing contract amount, excluding any type of time-price differential."

Chapter 85 Section 11 Laws 2023 SECTION 11. Section 7-9-14 NMSA 1978 (being Laws 1969, Chapter 144, Section 7, as amended) is amended to read: "7-9-14. EXEMPTION--COMPENSATING TAX--GOVERNMENTAL AGENCIES-- INDIANS.-- A. Except as otherwise provided in this subsection, there is exempted from the compensating tax the use of property and services by the United States or the state of New Mexico or any governmental unit or subdivision, agency, department or instrumentality thereof. The exemption provided by this subsection does not apply to: (1) the use of property that is or will be incorporated into a metropolitan redevelopment project under the Metropolitan Redevelopment Code; or (2) the use of construction material. B. Exempted from the compensating tax is the use of property by any Indian nation, tribe or pueblo or any governmental unit, subdivision, agency, department or instrumentality thereof on Indian reservations or pueblo grants." Chapter 85 Section 12 Laws 2023 SECTION 12. Section 7-9-26 NMSA 1978 (being Laws 1969, Chapter 144, Section 19, as amended) is amended to read: "7-9-26. EXEMPTION--GROSS RECEIPTS AND COMPENSATING TAX-- FUEL.--Exempted from the gross receipts and compensating tax are the receipts from selling and the use of gasoline, special fuel or alternative fuel on which the tax imposed by Section 7-13-3, 7-16A-3 or 7-16B-4 NMSA 1978 has been paid and not refunded." Chapter 85 Section 13 Laws 2023 SECTION 13. Section 7-9-41.6 NMSA 1978 (being Laws 2020 (1st S.S.), Chapter 4, Section 3) is amended to read: "7-9-41.6. EXEMPTION--GROSS RECEIPTS--CERTAIN HEALTH CARE PROVIDERS FROM CERTAIN FEDERAL PAYMENTS.--Exempted from the gross receipts tax are receipts of health care providers, other than hospitals licensed by the department of health, from payments by: A. the United States department of health and human services from the federal public health and social services emergency fund to providers eligible to receive the payments pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act; and

B. the medical assistance division of the human services department from funds appropriated to New Mexico pursuant to the federal American Rescue Plan Act of 2021 for the state medicaid program to provide additional support for home and community-based services." Chapter 85 Section 14 Laws 2023 SECTION 14. Section 7-9-46 NMSA 1978 (being Laws 1969, Chapter 144, Section 36, as amended by Laws 2021, Chapter 65, Section 13 and by Laws 2021, Chapter 66, Section 2) is amended to read: "7-9-46. DEDUCTION--GROSS RECEIPTS--GOVERNMENTAL GROSS RECEIPTS--SALES TO MANUFACTURERS AND MANUFACTURING SERVICE PROVIDERS.-- A. Receipts from selling tangible personal property may be deducted from gross receipts or from governmental gross receipts if the sale is made to a person engaged in the business of manufacturing who delivers a nontaxable transaction certificate to the seller or provides alternative evidence pursuant to Section 7-9-43 NMSA 1978. The buyer must incorporate the tangible personal property as an ingredient or component part of the product that the buyer is in the business of manufacturing. B. Receipts from selling a manufacturing consumable to a manufacturer or a manufacturing service provider may be deducted from gross receipts or from governmental gross receipts if the buyer delivers a nontaxable transaction certificate to the seller or provides alternative evidence pursuant to Section 7-9-43 NMSA 1978; provided that if the seller is a utility company, an agreement with the department pursuant to Section 7-1-21.1 NMSA 1978 and a nontaxable transaction certificate shall be required. C. Receipts from selling or leasing qualified equipment may be deducted from gross receipts if the sale is made to, or the lease is entered into with, a person engaged in the business of manufacturing or a manufacturing service provider who delivers a nontaxable transaction certificate to the seller or provides alternative evidence pursuant to Section 7-9-43 NMSA 1978; provided that a manufacturer or manufacturing service provider delivering a nontaxable transaction certificate or alternative evidence with respect to the qualified equipment shall not claim an investment credit pursuant to the Investment Credit Act for that same equipment. D. The purpose of the deductions provided in this section is to encourage manufacturing businesses to locate in New Mexico and to reduce the tax burden, including reducing pyramiding, on the tangible personal property that is consumed in the manufacturing process and that is purchased by manufacturing businesses in New Mexico.

E. The department shall annually report to the revenue stabilization and tax policy committee the aggregate amount of deductions taken pursuant to this section, the number of taxpayers claiming each of the deductions and any other information that is necessary to determine that the deductions are performing the purposes for which they are enacted. F. A taxpayer deducting gross receipts pursuant to this section shall report the amount deducted separately for each deduction provided in this section and attribute the amount of the deduction to the appropriate authorization provided in this section in a manner required by the department that facilitates the evaluation by the legislature of the benefit to the state of these deductions. G. As used in this section: (1) "manufacturing consumable" means tangible personal property, other than qualified equipment or an ingredient or component part of a manufactured product, that is incorporated into, destroyed, depleted or transformed in the process of manufacturing a product, including electricity, fuels, water, manufacturing aids and supplies, chemicals, gases and other tangibles used to manufacture a product; (2) "manufacturing operation" means a plant operated by a manufacturer or manufacturing service provider that employs personnel to perform production tasks to produce goods, in conjunction with machinery and equipment; and (3) "qualified equipment" means machinery, equipment and tools, including component, repair, replacement and spare parts thereof, that are used directly in the manufacturing process of a manufacturing operation. "Qualified equipment" includes computer hardware and software used directly in the manufacturing process of a manufacturing operation but excludes any motor vehicle that is required to be registered in this state pursuant to the Motor Vehicle Code." Chapter 85 Section 15 Laws 2023 SECTION 15. Section 7-9-54 NMSA 1978 (being Laws 1969, Chapter 144, Section 44, as amended) is amended to read: "7-9-54. DEDUCTION--GROSS RECEIPTS TAX--GOVERNMENTAL GROSS RECEIPTS TAX--SALES TO GOVERNMENTAL AGENCIES.-- A. Receipts from selling tangible personal property, or from selling licenses to use digital goods for the purpose of loaning those digital goods to the public, to the United States or to New Mexico or a governmental unit, subdivision, agency, department or instrumentality thereof may be deducted from gross receipts or from governmental gross receipts. Unless contrary to federal law, the deduction provided by this subsection does not apply to:

(1) receipts from selling metalliferous mineral ore; (2) receipts from selling tangible personal property that is or will be incorporated into a metropolitan redevelopment project created under the Metropolitan Redevelopment Code; (3) receipts from selling construction material, excluding tangible personal property, whether removable or non-removable, that is or would be classified for depreciation purposes as three-year property, five-year property, seven-year property or ten-year property, including indirect costs related to the asset basis, by Section 168 of the Internal Revenue Code of 1986, as that section may be amended or renumbered; or (4) that portion of the receipts from performing a "service" that reflects the value of tangible personal property utilized or produced in performance of such service. B. Receipts from selling tangible personal property, or from selling licenses to use digital goods for the purpose of loaning those digital goods to the public, for any purpose to an Indian tribe, nation or pueblo or a governmental unit, subdivision, agency, department or instrumentality thereof for use on Indian reservations or pueblo grants may be deducted from gross receipts or from governmental gross receipts. C. When a seller, in good faith, deducts receipts for tangible personal property or licenses to use digital goods for the purpose of loaning those digital goods to the public sold to the state or a governmental unit, subdivision, agency, department or instrumentality thereof, after receiving written assurances from the buyer's representative that the property sold is not construction material, the department shall not assert in a later assessment or audit of the seller that the receipts are not deductible pursuant to Paragraph (3) of Subsection A of this section." Chapter 85 Section 16 Laws 2023 SECTION 16. Section 7-9-88.1 NMSA 1978 (being Laws 1999, Chapter 223, Section 2, as amended) is amended to read: "7-9-88.1. CREDIT--GROSS RECEIPTS TAX--TAX PAID TO CERTAIN TRIBES.-- A. If on a taxable transaction taking place on tribal land a qualifying gross receipts, sales or similar tax has been levied by the tribe, the amount of the tribe's tax may be credited against gross receipts tax due this state or its political subdivisions pursuant to the Gross Receipts and Compensating Tax Act and a local option gross receipts tax on the same transaction. The amount of the credit shall be equal to the lesser of seventy-five percent of the tax imposed by the tribe on the receipts from the transaction or seventy-five percent of the revenue produced by the sum of the rate of

tax imposed pursuant to the Gross Receipts and Compensating Tax Act and the total of the rates of local option gross receipts taxes imposed on the receipts from the same transaction. Notwithstanding any other provision of law to the contrary, the amount of credit taken and allowed shall be applied proportionately against the amount of the gross receipts tax and local option gross receipts taxes and against the amount of distribution of those taxes pursuant to Section 7-1-6.1 NMSA 1978. B. A qualifying gross receipts, sales or similar tax levied by the tribe shall be limited to a tax that: (1) is substantially similar to the gross receipts tax imposed by the Gross Receipts and Compensating Tax Act; (2) does not unlawfully discriminate among persons or transactions based on membership in the tribe; (3) provides a credit against the tribe's tax equal to the lesser of twenty- five percent of the tax imposed by the tribe on the receipts from the transactions or twenty-five percent of the tax revenue produced by the sum of the rate of tax imposed pursuant to the Gross Receipts and Compensating Tax Act and the total of the rates of the local option gross receipts taxes imposed on the receipts from the same transactions; and (4) is subject to a cooperative agreement between the tribe and the secretary entered into pursuant to Section 9-11-12.1 NMSA 1978 and in effect at the time of the taxable transaction. C. For purposes of the tax credit allowed by this section: (1) "pueblo" means the Pueblo of Acoma, Cochiti, Isleta, Jemez, Laguna, Nambe, Picuris, Pojoaque, Sandia, San Felipe, San Ildefonso, San Juan, Santa Ana, Santa Clara, Santo Domingo, Taos, Tesuque, Zia or Zuni or the nineteen New Mexico pueblos acting collectively; (2) "tribal land" means all land that is owned by a tribe located within the exterior boundaries of a tribe's reservation or grant and all land held by the United States in trust for that tribe; and (3) "tribe" means a pueblo, the Jicarilla Apache Nation or the Mescalero Apache Tribe." Chapter 85 Section 17 Laws 2023 SECTION 17. Section 7-12-9.1 NMSA 1978 (being Laws 2006, Chapter 91, Section 7, as amended) is amended to read:

"7-12-9.1. LICENSING--GENERAL LICENSING PROVISIONS.-- A. A person shall not engage in the manufacture or distribution of cigarettes in New Mexico without a license issued by the department. B. The department shall issue or renew a license for a term not to exceed one year. C. The department may charge a license fee of up to one hundred dollars ($100) for each manufacturer's or distributor's license issued or renewed. D. An application for a license or renewal of a license shall be submitted on a form determined by the department and shall include: (1) the name and address of the applicant and: (a) if the applicant is a firm, partnership or association, the name and address of each of its members; or (b) if the applicant is a corporation, the name and address of each of its officers; (2) the address of the applicant's principal place of business and every location where the applicant's business is conducted; and (3) any other information the department may require. E. The department may issue a distributor's license and a manufacturer's license to the same person. F. Persons licensed as manufacturers or distributors may sell stamped cigarettes at retail. G. A license may not be granted, maintained or renewed if one or more of the following conditions applies to an applicant: (1) the applicant is a delinquent taxpayer pursuant to Section 7-1-16 NMSA 1978 only with respect to the cigarette tax or the gross receipts tax or has unfiled tax returns due with respect to the cigarette tax or the gross receipts tax; (2) the applicant has had a manufacturer's or distributor's license revoked by the department or any other state within the past two years; (3) the applicant is convicted of a crime related to contraband cigarettes, stolen cigarettes or counterfeit stamps;

(4) the applicant is a manufacturer but not a participating manufacturer as defined in Section II(jj) of the master settlement agreement and the applicant is not in compliance with the provisions of Section 6-4-13 NMSA 1978 or the Tobacco Escrow Fund Act; or (5) the applicant is a manufacturer and imports cigarettes into the United States that are in violation of 19 U.S.C. 1681a or manufactures cigarettes that do not comply with the Federal Cigarette Labeling and Advertising Act. H. In addition to a civil or criminal penalty provided by law, upon a finding that a licensee has violated a provision of the Cigarette Tax Act or the Tobacco Escrow Fund Act or a rule adopted pursuant to either act, the department may revoke or suspend the license or licenses of the licensee. I. As used in this section, "applicant" includes a person or persons owning, directly or indirectly, in the aggregate, more than ten percent of the ownership interest in the business holding or applying for a license pursuant to the Cigarette Tax Act." Chapter 85 Section 18 Laws 2023 SECTION 18. Section 7-14-6 NMSA 1978 (being Laws 1988, Chapter 73, Section 16, as amended) is amended to read: "7-14-6. EXEMPTIONS FROM TAX.-- A. A person who acquires a vehicle out of state thirty or more days before establishing a domicile in this state is exempt from the tax if the vehicle was acquired for personal use. B. A person applying for a certificate of title for a vehicle registered in another state is exempt from the tax if the person has previously registered and titled the vehicle in New Mexico and has owned the vehicle continuously since that time. C. A vehicle with a certificate of title owned by this state or any political subdivision is exempt from the tax. D. A person is exempt from the tax if the person has a disability at the time the person purchases a vehicle and can prove to the motor vehicle division of the department or its agent that modifications have been made to the vehicle that are: (1) due to that person's disability; and (2) necessary to enable that person to drive that vehicle or be transported in that vehicle.

E. A person is exempt from the tax if the person is a bona fide resident of New Mexico who served in the armed forces of the United States and who suffered, while serving in the armed forces or from a service-connected cause, the loss or complete and total loss of use of: (1) one or both legs at or above the ankle; or (2) one or both arms at or above the wrist. F. A person who acquires a vehicle for subsequent lease shall be exempt from the tax if: (1) the person does not use the vehicle in any manner other than holding it for lease or sale or leasing or selling it in the ordinary course of business; (2) the lease is for a term of more than six months; (3) the receipts from the subsequent lease are subject to the gross receipts tax; and (4) the vehicle does not have a gross vehicle weight of over twenty-six thousand pounds.” Chapter 85 Section 19 Laws 2023 SECTION 19. Section 7-15-3.1 NMSA 1978 (being Laws 1943, Chapter 125, Section 12, as amended) is amended to read: "7-15-3.1. TRIP TAX--COMPUTATION.-- A. For the purpose of providing funds for the construction, maintenance, repair and reconstruction of this state's public highways, a use fee, to be known as the "trip tax", is imposed on each trip made in this state by the registrant, owner or operator of a foreign-based commercial motor carrier vehicle and is in lieu of registration fees and the weight distance tax that would otherwise be imposed on the trip on a registrant, owner or operator of any foreign-based commercial motor carrier vehicle that is: (1) not registered in this state under interstate registration; (2) not registered in this state under proportional registration; (3) not subject to a valid reciprocity agreement; (4) not registered as a foreign commercial motor carrier vehicle under short-term registration;

(5) not registered under an allocation of one-way rental fleet vehicles; and (6) not exempted from registration and the payment of any registration fees and not exempted from the payment of the trip tax under Section 65-5-3 NMSA 1978. B. Except as provided otherwise in Subsections C and D of this section, the trip tax shall be computed as follows: (1) when the gross vehicle weight or combination gross vehicle weight exceeds twelve thousand pounds but does not exceed twenty-six thousand pounds, seven cents ($.07) a mile for mileage to be traveled on the public highways within New Mexico, measured from the point of entering the state to the point of destination or place of leaving the state; (2) when the gross vehicle weight or combination gross vehicle weight exceeds twenty-six thousand pounds and does not exceed fifty-four thousand pounds, twelve cents ($.12) a mile for mileage to be traveled on the public highways within New Mexico, measured from the point of entering the state to the point of destination or place of leaving the state; (3) when the gross vehicle weight or combination gross vehicle weight exceeds fifty-four thousand pounds and does not exceed seventy-two thousand pounds, fifteen cents ($.15) a mile for mileage to be traveled on the public highways within New Mexico, measured from the point of entering the state to the point of destination or place of leaving the state; and (4) when the gross vehicle weight or combination gross vehicle weight exceeds seventy-two thousand pounds, sixteen cents ($.16) a mile for mileage to be traveled on the public highways within New Mexico, measured from the point of entering the state to the point of destination or place of leaving the state. C. The department, by regulation, shall establish a procedure for the issuance of prepaid trip permits for: (1) trips by a single vehicle or a fleet of vehicles for the purpose of: (a) custom harvesting operations; or (b) the transportation of goods or passengers between the state and Mexico; or (2) any vehicle that is unable to declare at the time of entering the state the point of destination or place of leaving the state.

D. Prepaid trip permits established pursuant to Subsection C of this section shall be sold in increments of no less than fifty dollars ($50.00). Any portion not used prior to one year from the date of issuance shall not be refundable. Prepaid trip permits shall not be transferable between a registrant, owner or operator and another registrant, owner or operator. Charges against the prepaid trip permit shall be based on the computations specified in Subsection B of this section." Chapter 85 Section 20 Laws 2023 SECTION 20. Section 7-15A-12 NMSA 1978 (being Laws 2003 (1st S.S.), Chapter 3, Section 6, as amended) is amended to read: "7-15A-12. WEIGHT DISTANCE TAX IDENTIFICATION PERMITS-- SUSPENSION AND RENEWAL.-- A. An operator of a motor vehicle registered in this state and subject to the weight distance tax shall display a weight distance tax identification permit issued for that vehicle to an enforcement officer of the department of public safety upon demand of that employee and when the vehicle passes through a port of entry. B. The department may suspend or decline to renew a weight distance tax identification permit for a motor vehicle if the owner or operator of the vehicle does not comply with the provisions of the Weight Distance Tax Act or if the owner or operator is a delinquent taxpayer as provided in Section 7-1-16 NMSA 1978 only with respect to the weight distance tax or the gross receipts tax or if there are unfiled tax returns due with respect to the weight distance tax or the gross receipts tax. C. The department of transportation may collect delinquent weight distance tax on behalf of the taxation and revenue department at ports of entry operated by the department of transportation." Chapter 85 Section 21 Laws 2023 SECTION 21. Section 7-40-3 NMSA 1978 (being Laws 2018, Chapter 57, Section 3, as amended by Laws 2021, Chapter 65, Section 35 and by Laws 2021, Chapter 136, Section 2) is amended to read: "7-40-3. IMPOSITION AND RATE OF TAX--DENOMINATION OF "PREMIUM TAX", "HEALTH INSURANCE PREMIUM SURTAX" AND "SELF-INSURED GROUP TAX".-- A. The tax imposed pursuant to this subsection may be referred to as the "premium tax". The premium tax is imposed at a rate of three and three-thousandths percent of the gross premiums and membership and policy fees received or written by a taxpayer or, with respect to a taxpayer that is an insured that procures, continues or renews insurance with a nonadmitted insurer, paid by the taxpayer, on insurance or

contracts covering risks within the state during the preceding calendar year. The premium tax shall not be imposed on self-insured groups or on return premiums, dividends paid or credited to policyholders or contract holders and premiums received for reinsurance on New Mexico risks. B. For a taxpayer that is an insurer lawfully organized pursuant to the laws of the Republic of Mexico, the premium tax shall apply solely to the taxpayer's gross premium receipts from insurance policies issued by the taxpayer in New Mexico that cover residents of New Mexico or property or risks principally domiciled or located in New Mexico. C. With respect to a taxpayer that is a property bondsman, "gross premiums" shall be considered any consideration received as security or surety for a bail bond in connection with a judicial proceeding. D. The premium tax provided in Subsection A of this section is imposed on the gross premiums received of a surplus lines broker, less return premiums, on surplus lines insurance where New Mexico is the home state of the insured transacted under the surplus lines broker's license, as reported by the surplus lines broker to the department on forms and in the manner prescribed by the department. For purposes of this subsection, "gross premiums" shall include any additional amount charged the insured, including policy fees, risk purchasing group fees and inspection fees; but "premiums" shall not include any additional amount charged the insured for local, state or federal taxes; regulatory authority fees; or examination fees, if any. For a surplus lines policy issued to an insured whose home state is New Mexico and where only a portion of the risk is located in New Mexico, the entire premium tax shall be paid in accordance with this section. E. In addition to the premium tax, except as provided in Subsection F of this section, a health insurance premium surtax is imposed at a rate of three and seventy- five hundredths percent of the gross health insurance premiums and membership and policy fees received by the taxpayer on hospital and medical expense incurred insurance or contracts; nonprofit health care plan contracts, excluding dental or vision only contracts; and health maintenance organization subscriber contracts covering health risks within this state during the preceding calendar year. The surtax shall not apply to return health insurance premiums, dividends paid or credited to policyholders or contract holders and health insurance premiums received for reinsurance on New Mexico risks. The surtax imposed pursuant to this subsection may be referred to as the "health insurance premium surtax". F. If an act of the United States congress is signed into law that imposes the annual fee on health insurance providers pursuant to Section 9010 of the federal Patient Protection and Affordable Care Act, or that imposes a substantially similar fee on the same class of taxpayers, the rate of the health insurance premium surtax shall be decreased at a rate equal to the rate of the annual fee imposed; provided that the rate of the health insurance premium surtax shall not be less than one percent. A reduction

in the health insurance premium surtax pursuant to this subsection shall go into effect on the later of the effective date of the imposition of the federal annual fee or ninety days after the congressional act imposing the federal annual fee is signed into law. G. A tax is imposed at a rate of nine-tenths percent on the net premiums, as defined in the Group Self-Insurance Act, received or written by a self-insured group within the state during the preceding calendar year. The tax imposed pursuant to this subsection may be referred to as the "self-insured group tax"." Chapter 85 Section 22 Laws 2023 SECTION 22. Section 7-40-6 NMSA 1978 (being Laws 2018, Chapter 57, Section 6) is amended to read: "7-40-6. CREDIT--MEDICAL INSURANCE POOL ASSESSMENTS.-- The assessment for any New Mexico medical insurance pool member pursuant to Section 59A-54-10 NMSA 1978 shall be allowed as a fifty percent credit on the tax return for that member and a seventy-five percent credit on the tax return for that member for the assessments attributable to pool policyholders that receive premiums, in whole or in part, through the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990, the Ted R. Montoya hemophilia program at the university of New Mexico health sciences center, the children's medical services bureau of the public health division of the department of health or other program receiving state funding or assistance. That portion of credit that exceeds a member's premium tax liability in the taxable period in which the credit is claimed shall not be refunded and shall not be carried forward to subsequent taxable periods." Chapter 85 Section 23 Laws 2023 SECTION 23. Section 7-42-4 NMSA 1978 (being Laws 2021 (1st S.S.), Chapter 4, Section 46) is amended to read: "7-42-4. DATE PAYMENT DUE--REPORTING LOCATION INSTRUCTIONS.-- A. The cannabis excise tax is to be paid on or before the twenty-fifth day of the month following the month in which the taxable sale occurs. B. The reporting location for reporting the sale of cannabis products shall be at the following locations: (1) if the cannabis product is received by the purchaser at the New Mexico location of the cannabis retailer, the location of the cannabis retailer; (2) if the cannabis product is not received by the purchaser at a location of the cannabis retailer, the location indicated by instructions for delivery to the purchaser, or the purchaser's donee, when known to the cannabis retailer;

(3) if Paragraphs (1) and (2) of this subsection do not apply, the location indicated by an address for the purchaser available from the business records of the cannabis retailer that are maintained in the ordinary course of business; provided that use of the address does not constitute bad faith; (4) if Paragraphs (1) through (3) of this subsection do not apply, the location for the purchaser obtained during consummation of the sale, including the address of a purchaser's payment instrument if no other address is available; provided that use of this address does not constitute bad faith; or (5) if Paragraphs (1) through (4) of this subsection do not apply, including a circumstance in which the cannabis retailer is without sufficient information to apply those standards, the location from which the cannabis product is shipped or transmitted." Chapter 85 Section 24 Laws 2023 SECTION 24. Section 26-2C-6 NMSA 1978 (being Laws 2021 (1st S.S.), Chapter 4, Section 6) is amended to read: "26-2C-6. LICENSING CANNABIS ACTIVITIES--LIMITATIONS--MEDICAL CANNABIS LEGACY LICENSING--CANNABIS SHORTAGE FOR MEDICAL PROGRAM.-- A. The division shall regulate and administer and may collect fees in connection with the administration of: (1) commercial cannabis activity and licensing related to commercial cannabis activity; (2) the medical cannabis program, except for the medical cannabis registry; and (3) all aspects of cannabis relating to cannabis training and education programs. B. The division shall follow the provisions of the Uniform Licensing Act when licensing or permitting the following: (1) cannabis consumption areas; (2) cannabis couriers; (3) cannabis manufacturers; (4) cannabis producer microbusinesses;

(5) cannabis producers; (6) cannabis research laboratories; (7) cannabis retailers; (8) cannabis servers; (9) cannabis testing laboratories; (10) cannabis training and education programs; (11) integrated cannabis microbusinesses; and (12) vertically integrated cannabis establishments. C. The division shall include a clear designation on all licenses and permits that indicates whether the license or permit is for medical cannabis activity, commercial cannabis activity or both or for cannabis training and education programs. D. The division shall issue a license to a cannabis retailer applicant at a discount if the applicant provides documentation of an agreement to accept cannabis products on consignment from a cannabis producer microbusiness or an integrated cannabis microbusiness licensed pursuant the Cannabis Regulation Act. E. A license is valid for twelve months from the date the license is issued and may be renewed annually, except that a license issued for a cannabis training and education program is valid until terminated by the licensee or suspended or revoked by the division. F. The director shall not renew a license issued pursuant to the provisions of the Cannabis Regulation Act until the director receives notification from the secretary of taxation and revenue or the secretary's designee that on a certain date: (1) the licensee is not a delinquent taxpayer pursuant to Section 7-1-16 NMSA 1978 only with respect to the cannabis excise tax or the gross receipts tax; and (2) there are no unfiled tax returns due with respect to the cannabis excise tax or the gross receipts tax. G. No license shall be transferable or assignable from a licensee to another person. The division shall not allow a person that is licensed as any type of cannabis establishment other than a cannabis research laboratory to hold, directly or indirectly, a cannabis testing laboratory license.

H. Except for verification of age, the division shall not require licensees to request information from consumers or impose any residency requirement upon consumers for the purchase of cannabis products pursuant to the commercial cannabis activity authorized by the Cannabis Regulation Act. The division may require licensees to request information from consumers for the purchase of cannabis products pursuant to the medical cannabis program, which may include the presentation of legal identification issued by an authorized governmental entity or other documents as required by the medical cannabis program. I. Except as otherwise provided in the Cannabis Regulation Act, the division shall not limit the number of licensed premises a licensee may occupy or operate under a license. Multiple licensees may occupy a single licensed premises, and the division shall not place any restriction or prohibition on the number of licensees occupying a single licensed premises or on the number of licensed premises of a cannabis establishment except as otherwise specifically provided for by the Cannabis Regulation Act. A licensee may conduct any lawful activity or any combination of lawful activities at a licensed premises; provided that the licensee is not a licensee pursuant to the Liquor Control Act. Smoking in a cannabis consumption area on a licensed premises shall be allowed only if the cannabis consumption area is in a designated smoking area or in a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act. J. Licensees are specifically allowed to conduct other licensed activities, including activities pursuant to the Hemp Manufacturing Act, except for sales of alcoholic beverages. K. A person properly licensed and in good standing pursuant to the Lynn and Erin Compassionate Use Act on the effective date of the Cannabis Regulation Act may continue to operate under that license for medical cannabis until comparable licenses for commercial cannabis activity are available. The division shall determine when retail sales of commercial cannabis products begin, but no later than April 1, 2022. A facility of such a licensee, upon issuance of the applicable cannabis establishment license, shall constitute licensed premises of the licensee and the licensee shall be entitled to continued and uninterrupted operations of the licensed premises. As to activity under the medical cannabis program, the licensee shall continue to operate under rules promulgated for the medical cannabis program until the division promulgates rules for medical cannabis activity, except that a qualified patient, a primary caregiver and a reciprocal participant shall not be prohibited from purchasing and obtaining cannabis products pursuant to the medical cannabis program. L. To address a shortage of cannabis supply in the medical cannabis program, the division may:

(1) require all cannabis establishment licensees to ensure that at least ten percent of their cannabis in stock on a monthly basis is designated for sale to qualified patients, primary caregivers and reciprocal participants; (2) initially take reasonable measures to expeditiously incentivize increased production of cannabis plants to remedy a shortage of cannabis supply in the medical cannabis program; (3) after having first exhausted measures to increase production of cannabis plants to address the shortage of cannabis supply in the medical cannabis program, exclude commercial cannabis activity from the scope of new licenses issued to initial applicants for a vertically integrated cannabis establishment, cannabis producer, integrated cannabis microbusiness, cannabis producer microbusiness or cannabis manufacturer license, which limitation shall be in force for a period of at least six months; and (4) require licensees who are licensed to produce cannabis to produce a specified quota of mature cannabis plants to be designated for use in the medical cannabis program; provided that: (a) the division may require a licensee to devote no more than twenty-five percent of the licensee's cultivated cannabis plants on a monthly basis for use in the medical cannabis program; and (b) the division may require specific tracking of cannabis plants. M. As used in this section, "shortage of cannabis supply in the medical cannabis program" means that the average number of cannabis plants in production in the medical cannabis program per qualified patient after the effective date of the Cannabis Regulation Act is substantially less than the average number of cannabis plants in production in the medical cannabis program per qualified patient as of the effective date of the Cannabis Regulation Act, where: (1) the average number of cannabis plants in production after the effective date of the Cannabis Regulation Act is measured over a period of three consecutive months; and (2) the average number of cannabis plants in production as of the effective date of the Cannabis Regulation Act is measured over a period of three consecutive months immediately preceding the effective date of the Cannabis Regulation Act. N. A person who is a member of the New Mexico senate or the New Mexico house of representatives on the effective date of the Cannabis Regulation Act shall not apply for or be granted a license to engage in any commercial cannabis activity prior to July 1, 2026."

Chapter 85 Section 25 Laws 2023 SECTION 25. Section 59A-15-4 NMSA 1978 (being Laws 1984, Chapter 127, Section 259.1, as amended) is amended to read: "59A-15-4. INSURANCE INDEPENDENTLY PROCURED--DUTY TO FILE RETURNS.-- A. Each insured who in this state procures or continues or renews insurance with a nonadmitted insurer on a risk located or to be performed in whole or in part in this state, other than insurance procured through a surplus lines licensee pursuant to Chapter 59A, Article 14 NMSA 1978 shall file returns pursuant to the Insurance Premium Tax Act. B. If an independently procured policy covers risks or exposures only partially located or to be performed in this state, the taxes, fees and penalties imposed pursuant to the Insurance Code and the Insurance Premium Tax Act shall be computed on the portion of the premium properly attributable to the risks or exposures located or to be performed in this state and reported to the secretary of taxation and revenue. In no event, however, shall a tax be payable solely because the risk in question, or any portion thereof, is located or to be performed in this state. C. This section does not abrogate or modify, and shall not be construed or deemed to abrogate or modify, any provision of the Insurance Code. D. This section does not apply to life insurance, health insurance or annuities." Chapter 85 Section 26 Laws 2023 SECTION 26. Section 61-28B-8 NMSA 1978 (being Laws 1999, Chapter 179, Section 8, as amended) is amended to read: "61-28B-8. QUALIFICATIONS FOR A CERTIFICATE AS A CERTIFIED PUBLIC ACCOUNTANT.-- A. An applicant for a certificate shall complete the application form provided by the board and demonstrate to the board's satisfaction that the applicant: (1) is of good moral character and lacks a history of dishonest or felonious acts; and (2) meets the education, experience and examination requirements of the board.

B. The board may refuse to grant a certificate on the ground that the applicant failed to satisfy the requirement of good moral character. C. The education requirement for examination shall be a baccalaureate degree or its equivalent conferred by a college or university acceptable to the board, with thirty semester hours in accounting or the equivalent as determined by the board. An applicant for a certificate shall have at least one hundred fifty semester hours of college education or its equivalent earned at a college or university acceptable to the board. D. The examination for certification shall be offered continuously via a computer-based testing system at a designated testing center and shall test an applicant's knowledge of the subjects of accounting and auditing and other related subjects as prescribed by the board. The board shall prescribe the method of applying for the examination and the dissemination of scores, and it shall rely on the American institute of certified public accountants for the grading of the examination. The board may use all or any part of the uniform certified public accountant examination services of the national association of state boards of accountancy to perform administrative services with respect to the examination. The board or its designee shall report all eligibility and score data to the national candidate database, and it shall, to the extent possible, provide that the passing scores are uniform with passing scores of other states. E. An applicant must pass all sections of the examination to qualify for a certificate. A passing scaled score for each section shall be seventy-five. Sections may be taken individually and in any order. Credit for any section passed shall be valid for eighteen months from the date the passing score is released to the applicant, without having to attain a minimum score on any failed test section and without regard to whether the applicant has taken other test sections. An applicant must pass all four test sections within a continuous eighteen-month period, which begins on the date that the first passing scores are released to the applicant. If all four test sections are not passed within the continuous eighteen-month period, credit for any test section passed outside the eighteen-month period will expire, and that test section must be retaken. F. An applicant shall be given credit for examination sections passed in another state if such credit would have been given in New Mexico. G. The board may waive or defer requirements of this section regarding the circumstances in which sections of the examination must be passed, upon a showing that, by reason of circumstances beyond the applicant's control, the applicant was unable to meet the requirement. H. An applicant for initial issuance of a certified public accountant certificate shall show that the applicant has had at least one year of experience. This experience shall include providing service or advice involving the use of accounting, attest, management advisory, financial advisory, tax or consulting skills as verified by a

certified public accountant who meets requirements prescribed by the board. The experience is acceptable if it was gained through employment in government, industry, academia or public practice." Chapter 85 Section 27 Laws 2023 SECTION 27. REPEAL CONFLICTING SECTION OF LAW.--Laws 2021, Chapter 65, Section 13 is repealed. Chapter 85 Section 28 Laws 2023 SECTION 28. REPEAL.--Sections 7-2-18.4, 7-2-18.5, 7-2-18.8, 7-2-18.21, 7-2- 18.25, 7-2-18.27, 7-2-18.28, 7-2A-8.8, 7-2A-15, 7-2A-18, 7-2A-23, 7-2A-25, 7-2A-27, 7- 2D-8.1, 7-9-16, 7-9-86, 7-9-105, 7-9-106, 7-9-114, 7-9G-2 and 7-14A-9 NMSA 1978 (being Laws 1994, Chapter 115, Section 1; Laws 1998, Chapter 97, Section 2; Laws 2001, Chapter 73, Section 1; Laws 2007, Chapter 204, Section 7; Laws 2009, Chapter 279, Section 1; Laws 2011, Chapter 89, Section 1; Laws 2012, Chapter 55, Section 1; Laws 1998, Chapter 97, Section 3; Laws 1994, Chapter 115, Section 2; Laws 2001, Chapter 73, Section 2; Laws 2007, Chapter 204, Section 8; Laws 2009, Chapter 279, Section 2; Laws 2012, Chapter 55, Section 2; Laws 1995, Chapter 89, Section 8; Laws 1969, Chapter 144, Section 9; Laws 1995, Chapter 80, Section 1; Laws 2007, Chapter 45, Section 6; Laws 2018, Chapter 62, Section 1; Laws 2010, Chapter 77, Section 1 and Laws 2010, Chapter 78, Section 1; Laws 2007, Chapter 229, Section 1; and Laws 1991, Chapter 197, Section 13, as amended) are repealed. Chapter 85 Section 29 Laws 2023 SECTION 29. EFFECTIVE DATE.-- A. The effective date of the provisions of Sections 1 through 12 and 14 through 28 of this act is July 1, 2023. B. The effective date of the provisions of Section 13 of this act is the first day of the month following the date this act takes effect. Chapter 85 Section 30 Laws 2023 SECTION 30. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately. LAWS 2023, CHAPTER 86 SJC/Senate Bills 19 and 252, aa Approved April 4, 2023

AN ACT RELATING TO LAW ENFORCEMENT; ALLOWING THE LAW ENFORCEMENT CERTIFICATION BOARD TO SUMMARILY SUSPEND LAW ENFORCEMENT OFFICERS WHO FAIL TO SUBMIT PROOF OF REQUIRED IN-SERVICE LAW ENFORCEMENT TRAINING PRIOR TO BEGINNING A REVOCATION PROCESS; PROVIDING MECHANISMS TO STRENGTHEN THE LAW ENFORCEMENT AND PUBLIC SAFETY TELECOMMUNICATOR PROFESSIONS; CREATING A POLICE OFFICER DATABASE; ENACTING THE USE OF FORCE PROCEDURES ACT; REGULATING THE USE OF PHYSICAL FORCE BY LAW ENFORCEMENT OFFICERS; ESTABLISHING A DUTY FOR OFFICERS TO INTERVENE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 86 Section 1 Laws 2023 SECTION 1. That version of Section 9-19-8 NMSA 1978 (being Laws 1987, Chapter 254, Section 8, as amended) that is to become effective July 1, 2023 is amended to read: "9-19-8. ADMINISTRATIVELY ATTACHED AGENCIES.--The governor's organized crime prevention commission and the law enforcement certification board are administratively attached to the department, and the New Mexico law enforcement standards and training council is administratively attached to the New Mexico law enforcement academy in accordance with the Executive Reorganization Act." Chapter 86 Section 2 Laws 2023 SECTION 2. That version of Section 29-7-3 NMSA 1978 (being Laws 1979, Chapter 202, Section 42, as amended) that is to become effective July 1, 2023 is amended to read: "29-7-3. NEW MEXICO LAW ENFORCEMENT STANDARDS AND TRAINING COUNCIL.-- A. The "New Mexico law enforcement standards and training council" is created and is administratively attached to the New Mexico law enforcement academy of the department of public safety, which shall provide staff support for the council. B. The council shall develop and promulgate training requirements, curricula and methods; professional development programs; and performance standards for law enforcement officers and public safety telecommunicators at all levels, including basic, field training officer programs, advanced, specialized and instructor training to be consistent throughout New Mexico.

C. The council consists of: (1) the director of the academy and the directors of the accredited regional law enforcement training facilities, who serve ex officio; and (2) eleven members appointed by the governor and confirmed by the senate, consisting of: (a) one attorney employed in a district attorney's office; (b) one attorney employed by the public defender department; (c) one certified police chief of a New Mexico Indian nation, tribe or pueblo; (d) two New Mexico state-certified public safety telecommunicators, one of whom shall be from an agency that offers fire and medical telecommunications services and one of whom shall be from a public safety agency serving a rural part of the state; (e) two members who have experience and specialize in providing adult education; (f) two citizen-at-large members, one of whom has behavioral health expertise and neither of whom is an active or retired law enforcement officer or public safety telecommunicator or has a familial or financial connection to an active or retired law enforcement officer or public safety telecommunicator or any agency or department for which a law enforcement officer or public safety telecommunicator works; (g) a sheriff who is a New Mexico state-certified law enforcement officer; and (h) a municipal law enforcement manager who is a New Mexico- state certified law enforcement officer in a command position. D. An appointed council member shall serve and have all the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointments. Vacancies on the council shall be filled by appointment by the governor with the consent of the senate for the remainder of the unexpired term. E. Appointments to the council shall be for staggered terms of four years or less made in such manner that the terms of not more than four members expire on July 1 of each year.

F. Members of the council are entitled to receive, for their service as members of the council, per diem and mileage as provided in the Per Diem and Mileage Act." Chapter 86 Section 3 Laws 2023 SECTION 3. Section 29-7-4.3 NMSA 1978 (being Laws 2022, Chapter 56, Section 13) is amended to read: "29-7-4.3. LAW ENFORCEMENT CERTIFICATION BOARD--APPOINTMENT-- POWERS AND DUTIES--REFUSAL TO ISSUE OR DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATION--SUSPENSION OF CERTIFICATION FOR FAILURE TO MEET REQUIRED IN-SERVICE TRAINING--CONFIDENTIALITY OF INVESTIGATIONS--LAW ENFORCEMENT CERTIFICATION OFFICE CREATED.-- A. The "law enforcement certification board" is established and administratively attached to the department of public safety, and the department shall provide administrative services for the board and the law enforcement certification office. B. The board consists of eleven members appointed by the governor with the advice and consent of the senate. No more than six members shall be members of the same political party. Members shall be appointed so as to represent different geographic areas of the state and the ethnic and cultural diversity of the state's population. The members shall be appointed for staggered five-year terms, except that for the initial board, two members shall be appointed for one-year terms, two members shall be appointed for two-year terms, two members shall be appointed for three-year terms, two members shall be appointed for four-year terms and three members shall be appointed for five-year terms. C. The board shall include the following members: (1) a retired district judge, who serves as chair of the board; (2) a current or retired New Mexico state-certified municipal law enforcement manager in a command position; (3) a retired sheriff who was certified or a current sheriff who is certified as a law enforcement officer; (4) a current or retired state or local New Mexico state-certified law enforcement officer who has law enforcement management command experience; (5) a current or retired tribal law law enforcement officer; (6) a certified public safety telecommunicator;

(7) an attorney in private practice who practices as a plaintiff's attorney in the area of civil rights or who represents criminal defendants; (8) an attorney in private practice who represents public entities in civil rights claims; (9) an attorney who is employed by the public defender department; (10) a professor of criminal justice at a public post-secondary educational institution in New Mexico; and (11) a citizen-at-large who has knowledge and interest in law enforcement training. D. An appointed member shall serve and have all of the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointment. Vacancies shall be filled by appointment by the governor with the consent of the senate for the unexpired term of the member. Members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act. E. The board shall: (1) deny, suspend or revoke: (a) a peace officer's certification for just cause as provided in the Law Enforcement Training Act; and (b) a telecommunicator's certification for just cause as provided in the Public Safety Telecommunicator Training Act; and (2) conduct investigations, administer oaths and subpoena persons as necessary to make determination regarding fitness of a law enforcement officer to execute a law enforcement officer's duties. F. The board may require by subpoena the attendance of witnesses or the production of records and other evidence relevant to an investigation and shall have such other powers and duties and administer or enforce such other acts as further provided by law. G. The board shall appoint a chief executive officer to assist the board in carrying out its functions. The chief executive officer shall employ persons as necessary to assist the board in carrying out its functions. H. The board shall adopt, publish and file, in accordance with the provisions of the State Rules Act, all rules concerning the implementation and enforcement of the

Law Enforcement Training Act and Public Safety Telecommunicator Training Act except those sections enumerated in Subsection E of Section 29-7-4 NMSA 1978 for which rules shall be adopted, published and filed by the council. I. The board shall issue or renew a certification to: (1) graduates from an approved basic law enforcement training program who satisfy the qualifications for certification as set forth in Section 29-7-6 NMSA 1978; or (2) graduates from an approved basic telecommunicator training program who satisfy the qualifications for certification as set forth in the Public Safety Telecommunicator Training Act. J. Members of the board shall receive, for their service as members of the board, per diem and mileage as provided in the Per Diem and Mileage Act. K. Internal affairs and other investigation documents provided to or developed by the board for use in a certification case shall remain confidential. A decision of the board is a final agency decision and may be appealed as provided in Section 39-3-1.1 NMSA 1978." Chapter 86 Section 4 Laws 2023 SECTION 4. Section 29-7-6.1 NMSA 1978 (being Laws 1993, Chapter 255, Section 7, as amended) is amended to read: "29-7-6.1. COUNTY SHERIFFS--TRAINING REQUIREMENT.-- A. Sheriffs are eligible to attend the academy and are eligible to receive certification as provided in the Law Enforcement Training Act. B. Every county sheriff, except sheriffs who have previously been awarded a certificate attesting to completion of a basic law enforcement training program, shall participate in and complete an administrative law enforcement training program no later than twelve months after the date the sheriff assumes office as a county sheriff. C. The director shall establish the administrative law enforcement training program for county sheriffs, subject to review and approval by the executive committee of the sheriff's affiliate of the New Mexico association of counties. D. A county sheriff's per diem, mileage and tuition expenses attributed to attendance at the administrative law enforcement training shall be paid for by the governing body of the county served by that sheriff."

Chapter 86 Section 5 Laws 2023 SECTION 5. Section 29-7-7.1 NMSA 1978 (being Laws 1981, Chapter 114, Section 7, as amended) is amended to read: "29-7-7.1. IN-SERVICE LAW ENFORCEMENT TRAINING--REQUIREMENTS-- ELIGIBILITY--PENALTIES FOR FAILURE TO COMPLETE OR REPORT REQUIREMENTS.-- A. To maintain certification as a police officer, in-service law enforcement training is required. In-service law enforcement training consists of a minimum of forty hours of academic instruction approved by the council for each certified police officer during each twenty-four month period of employment or service with a state or local law enforcement agency. The first required in-service law enforcement training period shall commence no later than twelve months after graduation from an approved basic law enforcement training program. B. Each certified police officer shall provide proof of completing in-service law enforcement training requirements to the officer's law enforcement agency and the executive director no later than March 1 of the year in which the requirements must be met. The executive director shall provide annual notice to all certified police officers regarding in-service law enforcement training requirements. Failure to complete in- service law enforcement training requirements or failure to report completion to the board may be grounds for suspension of a police officer's certification and may result in the state withholding the law enforcement agency's law enforcement protection fund distribution. A police officer's certification may be reinstated by the board when the police officer presents the board with evidence of satisfying in-service law enforcement training requirements. C. The board shall audit in-service law enforcement training compliance." Chapter 86 Section 6 Laws 2023 SECTION 6. A new section of the Law Enforcement Training Act, Section 29-7- 16 NMSA 1978, is enacted to read: "29-7-16. POLICE OFFICER DATABASE.--By July 1, 2024, the board shall employ a web-based technology solution that will enable any member of the public to search for outcomes of misconduct investigations that result in dismissal, denial, suspension or revocation of a police officer's or public safety telecommunicator's certification. The database shall show the officer's or telecommunicator's name, the action taken by the board and the date of the action."

Chapter 86 Section 7 Laws 2023 SECTION 7. That version of Section 29-7C-4 NMSA 1978 (being Laws 2003, Chapter 320, Section 6, as amended) that is to become effective July 1, 2023 is amended to read: "29-7C-4. TELECOMMUNICATOR TRAINING PROGRAM.-- A. The council shall: (1) after consultation with the board, adopt by rule professional standards that describe the skills, knowledge and behaviors that characterize exemplary practice and professional growth of telecommunicators in New Mexico and training standards that implement the professional standards; and (2) develop and adopt a telecommunicator training program for telecommunicator certification. The program shall be evidence- and performance-based and shall meet best practices and evolving national standards and the needs of telecommunicators at each level of certification. B. Until new evidence- and standards-based training programs are adopted and promulgated, the board shall certify telecommunicators after successful completion of the training programs then in effect. During the process of updating the telecommunicator training system, the council and the New Mexico law enforcement academy shall provide periodic reports to the legislature and shall make a final report, including recommendations for funding and statutory changes, to the governor and the legislature." Chapter 86 Section 8 Laws 2023 SECTION 8. Section 29-7C-7 NMSA 1978 (being Laws 2003, Chapter 320, Section 9, as amended) is amended to read: "29-7C-7. IN-SERVICE TELECOMMUNICATOR TRAINING.-- A. In-service telecommunicator training consists of at least twenty hours of board-approved advanced training, including one hour of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, for each certified telecommunicator during each two-year period. The first training course shall commence no later than twelve months after graduation from a board-approved basic telecommunicator training program. B. A certified telecommunicator shall provide proof of completion of in-service training requirements to the director no later than March 1 of the year subsequent to the year in which the requirements are met. The director shall provide annual notice to all

certified telecommunicators regarding in-service training requirements. Failure to complete in-service training requirements may be grounds for suspension of a telecommunicator's certification at the board's discretion as provided in Section 29-7-4.3 NMSA 1978. A telecommunicator may be reinstated by the board when the telecommunicator presents to the board evidence the telecommunicator has satisfied the in-service training requirements. C. As used in this section, "mental impairment" includes a mental illness, developmental disability, posttraumatic stress disorder, dual diagnosis, autism, youth in crisis and traumatic brain injury." Chapter 86 Section 9 Laws 2023 SECTION 9. Section 29-13-6 NMSA 1978 (being Laws 1983, Chapter 289, Section 6, as amended) is amended to read: "29-13-6. DISTRIBUTION OF LAW ENFORCEMENT PROTECTION FUND.-- A. Based on a periodic allotment approved by the division for the current fiscal year, the state treasurer shall distribute from the fund the amounts certified by the division to be distributed to governmental entities and the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund as required in Section 29-13-4 NMSA 1978. Payments shall be made by the treasurer to the appropriate governmental entity or fund unless otherwise specified in Subsection C of this section. B. The state treasurer is authorized to redirect a distribution to the New Mexico finance authority in an amount certified by the division, pursuant to an ordinance or a resolution passed by the municipality or county and a written agreement of the municipality or county and the New Mexico finance authority. C. Based on a periodic allotment approved by the division for the current fiscal year, the state treasurer shall distribute from the money in the fund money certified by the division to be distributed to tribes. Payment shall be made to the chief financial officer of the tribe. If necessary, the fund may be decreased below the level of one hundred thousand dollars ($100,000) to enable payment to the tribes. If insufficient money remains in the fund to fully compensate the tribes, a report shall be made to the Indian affairs department and to an appropriate interim committee of the legislature that reviews issues having impact on tribes by September 1 of the year of the shortfall. D. The New Mexico law enforcement standards and training council may notify the division and the state treasurer to withhold the distribution to any governmental entity that has failed to submit required reports to the council as provided in Section 29-7-7.2 NMSA 1978 or that employs law enforcement officers who have failed to submit proof of completion of required in-service law enforcement training as required in Section 29-7-7.1 NMSA 1978."

Chapter 86 Section 10 Laws 2023 SECTION 10. SHORT TITLE.--Sections 10 through 14 of this act may be cited as the "Use of Force Procedures Act". Chapter 86 Section 11 Laws 2023 SECTION 11. USE OF FORCE STATEWIDE POLICY.--Each law enforcement agency shall develop and maintain policies regarding use of force by law enforcement officers in its employ. At a minimum, such use-of-force policies shall incorporate: A. a discussion of considerations that law enforcement officers must make prior to the application of physical force, including an explanation of reasonable force necessary to accomplish a lawful objective; and B. ethical considerations law enforcement officers shall make during the application of physical force, including provisions pursuant to Section 14 of this 2023 act. Chapter 86 Section 12 Laws 2023 SECTION 12. UNLAWFUL USE OF FORCE.--A law enforcement officer shall not: A. discharge a firearm into a fleeing motor vehicle unless such discharge is necessary to prevent an imminent threat of death or serious bodily injury to an officer or another person and the officer has no reasonable alternative course of action to prevent death or serious bodily injury; provided that when possible, an officer threatened by an oncoming motor vehicle shall move out of its path instead of discharging a firearm at it or any of its occupants; or B. use a vascular neck restraint, unless a person's attack poses a threat of imminent harm to the officer or another person; provided that an officer shall cease the use of a vascular neck restraint as soon as the person no longer poses a threat of imminent harm to the officer or another person. Chapter 86 Section 13 Laws 2023 SECTION 13. UNLAWFUL USE OF FORCE--PRESCRIBING PENALTIES.--If a law enforcement officer is found to have used unlawful physical force, the officer shall be disciplined and, depending on the seriousness of the unlawful physical force, may be decommissioned and terminated from the officer's position or have any officer certification revoked or suspended.

Chapter 86 Section 14 Laws 2023 SECTION 14. INTERVENTION.-- A. A law enforcement officer present and observing another officer using physical force, including deadly physical force, that the law enforcement officer has probable cause to believe is excessive based on the totality of the circumstances shall intervene to prevent the use of excessive force, unless intervening would result in imminent harm to the officer or another identifiable individual. B. A law enforcement officer who observes another officer using physical force, including deadly physical force, that the law enforcement officer has probable cause to believe is excessive based on the totality of the circumstances shall report the incident to the officer's direct supervisor as soon as reasonably possible but no later than the end of the officer's shift. C. A law enforcement officer who had a duty to intervene and failed to do so shall be disciplined and, depending on the seriousness of the violation, may be suspended, decertified, decommissioned or terminated from the officer's position. Chapter 86 Section 15 Laws 2023 SECTION 15. TEMPORARY PROVISION--RULES OF NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD--RULES OF NEW MEXICO LAW ENFORCEMENT STANDARDS AND TRAINING COUNCIL OR LAW ENFORCEMENT CERTIFICATION BOARD.--The rules of the New Mexico law enforcement academy board shall continue in effect until amended or repealed by the New Mexico law enforcement standards and training council or the law enforcement certification board, as applicable. Chapter 86 Section 16 Laws 2023 SECTION 16. EFFECTIVE DATE.--The effective date of the provisions of Sections 1 through 3 and 7 of this act is July 1, 2023. LAWS 2023, CHAPTER 87 Senate Bill 20, aa Approved April 4, 2023 AN ACT RELATING TO EDUCATIONAL RETIREMENT; ALLOWING ELIGIBLE EMPLOYEES OF SOUTHEAST NEW MEXICO COLLEGE TO PARTICIPATE IN THE ALTERNATIVE

RETIREMENT PLAN; CONFORMING THE REQUIRED MINIMUM DISTRIBUTION AGE TO THE FEDERAL INTERNAL REVENUE CODE OF 1986. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 87 Section 1 Laws 2023 SECTION 1. Section 22-11-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 126, as amended) is amended to read:

"22-11-2. DEFINITIONS.--As used in the Educational Retirement Act: A. "member" means an employee, except for a participant or a retired member, coming within the provisions of the Educational Retirement Act; B. "regular member" means: (1) a person regularly employed by a state educational institution, except for: (a) a participant; or (b) all employees of a general hospital or outpatient clinics thereof operated by a state educational institution named in Article 12, Section 11 of the constitution of New Mexico; (2) a person regularly employed by a junior college or community college created pursuant to Chapter 21, Article 13 NMSA 1978, except for a participant; (3) a person regularly employed by a technical and vocational institute created pursuant to the Technical and Vocational Institute Act, except for a participant; (4) a person regularly employed by the New Mexico boys' school, the girls' welfare home, the Los Lunas medical center or a school district or as a licensed school employee of a state institution or agency providing an educational program and holding a license issued by the department, except for a participant; (5) a person regularly employed by the department holding a license issued by the department at the time of commencement of such employment; (6) a member classified as a regular member in accordance with the rules of the board; (7) a person regularly employed by the New Mexico activities association holding a license issued by the department at the time of commencement of such employment; or

(8) a person regularly employed by a regional education cooperative holding a license issued by the department at the time of commencement of such employment; C. "provisional member" means a person described in Section 22-11-17 NMSA 1978; D. "local administrative unit" means an employing agency however constituted that is directly responsible for the payment of compensation for the employment of members or participants; E. "beneficiary" means a person having an insurable interest in the life of a member or a participant designated by written instrument duly executed by the member or participant and filed with the director to receive a benefit pursuant to the Educational Retirement Act that may be received by someone other than the member or participant; F. "employment" means employment by a local administrative unit that qualifies a person to be a member or participant; G. "service employment" means employment that qualifies a person to be a regular member; H. "provisional service employment" means employment that qualifies a person to be a provisional member; I. "prior employment" means employment performed prior to the effective date of the Educational Retirement Act that would be service employment or provisional service employment if performed thereafter; J. "service credit" means that period of time with which a member is accredited for the purpose of determining the member's eligibility for and computation of retirement or disability benefits; K. "earned service credit" means that period of time during which a member was engaged in employment or prior employment with which the member is accredited for the purpose of determining the member's eligibility for retirement or disability benefits; L. "allowed service credit" means that period of time during which a member has performed certain nonservice employment with which the member may be accredited, as provided in the Educational Retirement Act, for the purpose of computing retirement or disability benefits; M. "retirement benefit" means an annuity paid monthly to members whose employment has been terminated by reason of their age;

N. "disability benefit" means an annuity paid monthly to members whose employment has been terminated by reason of a disability; O. "board" means the educational retirement board; P. "fund" means the educational retirement fund; Q. "director" means the educational retirement director; R. "medical authority" means a medical doctor or medical review panel designated or employed by the board to examine medical records and report on the medical condition of applicants for or recipients of disability benefits; S. "actuary" means a person trained and regularly engaged in the occupation of calculating present and projected monetary assets and liabilities under annuity or insurance programs; T. "actuarial equivalent" means a sum paid as a current or deferred benefit that is equal in value to a regular benefit, computed upon the basis of interest rates and mortality tables; U. "contributory employment" means employment for which contributions have been made by both a member and a local administrative unit pursuant to the Educational Retirement Act; V. "qualifying state educational institution" means the university of New Mexico, New Mexico state university, New Mexico institute of mining and technology, New Mexico highlands university, eastern New Mexico university, western New Mexico university, central New Mexico community college, Clovis community college, Luna community college, Mesalands community college, New Mexico junior college, northern New Mexico college, San Juan college, Santa Fe community college and southeast New Mexico college; W. "participant" means: (1) a person regularly employed as a faculty or professional employee of the university of New Mexico, New Mexico state university, New Mexico institute of mining and technology, New Mexico highlands university, eastern New Mexico university or western New Mexico university who first becomes employed with such an educational institution on or after July 1, 1991, or a person regularly employed as a faculty or professional employee of the central New Mexico community college, Clovis community college, Luna community college, Mesalands community college, New Mexico junior college, northern New Mexico college, San Juan college or Santa Fe community college who is first employed by the institution on or after July 1, 1999, or a person regularly employed as a faculty or professional employee of southeast New Mexico college who is first employed by the institution on or after July 1, 2023, and who

elects, pursuant to Section 22-11-47 NMSA 1978, to participate in the alternative retirement plan; and (2) a person regularly employed who performs research or other services pursuant to a contract between a qualifying state educational institution and the United States government or any of its agencies who elects, pursuant to Section 22-11- 47 NMSA 1978, to participate in the alternative retirement plan; provided that the research or other services are performed outside the state; X. "salary" means the compensation or wages paid to a member or participant by any local administrative unit for services rendered. "Salary" includes payments made for annual or sick leave and payments for additional service provided to related activities, but does not include payments for sick leave not taken unless the payment for the unused sick leave is made through continuation of the member on the regular payroll for the period represented by that payment and does not include allowances or reimbursements for travel, housing, food, equipment or similar items; Y. "alternative retirement plan" means the retirement plan provided for in Sections 22-11-47 through 22-11-52 NMSA 1978; and Z. "retired member" means a person whose employment has been terminated by reason of age and who is receiving or is eligible to receive retirement benefits." Chapter 87 Section 2 Laws 2023 SECTION 2. Section 22-11-30 NMSA 1978 (being Laws 1967, Chapter 16, Section 153, as amended) is amended to read: "22-11-30. RETIREMENT BENEFITS--REDUCTIONS.-- A. Retirement benefits for a member retired pursuant to the Educational Retirement Act on or before June 30, 1967 shall be paid monthly and shall be one- twelfth of a sum equal to one and one-half percent of the first four thousand dollars ($4,000) of the member's average annual salary and one percent of the remainder of the member's average annual salary multiplied by the number of years of the member's total service credit. B. Retirement benefits for a member retired pursuant to the Educational Retirement Act on or after July 1, 1967 but on or before June 30, 1971 shall be paid monthly and shall be one-twelfth of a sum equal to one and one-half percent of the first six thousand six hundred dollars ($6,600) of the member's average annual salary and one percent of the remainder of the member's average annual salary multiplied by the number of years of the member's total service credit.

C. Retirement benefits for a member retired pursuant to the Educational Retirement Act on or after July 1, 1971 but on or before June 30, 1974 shall be paid monthly and shall be one-twelfth of a sum equal to one and one-half percent of the member's average annual salary multiplied by the number of years of the member's total service credit. D. Retirement benefits for a member retired pursuant to the Educational Retirement Act on or before June 30, 1974 but returning to employment on or after July 1, 1974 for a cumulation of one or more years shall be computed pursuant to Subsection E of this section. Retirement benefits for a member retired pursuant to the Educational Retirement Act on or before June 30, 1974 but returning to employment on or after July 1, 1974 for a cumulation of less than one year shall be computed pursuant to Subsection A of this section if the member's date of last retirement was on or before June 30, 1967 or pursuant to Subsection B of this section if the member's date of last retirement was on or after July 1, 1967 but not later than June 30, 1971 or pursuant to Subsection C of this section if the member's date of last retirement was on or after July 1, 1971 but not later than June 30, 1974. E. Retirement benefits for a member age sixty or over, retired pursuant to the Educational Retirement Act on or after July 1, 1974 but not later than June 30, 1987, shall be paid monthly and shall be one-twelfth of a sum equal to: (1) one and one-half percent of the member's average annual salary multiplied by the number of years of service credit for: (a) prior employment; and (b) allowed service credit for service performed prior to July 1, 1957, except United States military service credit purchased pursuant to Paragraph (3) of Subsection A of Section 22-11-34 NMSA 1978; plus (2) two percent of the member's average annual salary multiplied by the number of years of service credit for: (a) contributory employment; (b) allowed service credit for service performed after July 1, 1957; and (c) United States military service credit for service performed prior to July 1, 1957 and purchased pursuant to Paragraph (3) of Subsection A of Section 22-11-34 NMSA 1978. F. Retirement benefits for a member age sixty or over, retired pursuant to the Educational Retirement Act on or after July 1, 1987 but not later than June 30, 1991, shall be paid monthly and shall be one-twelfth of a sum equal to two and fifteen-

hundredths percent of the member's average annual salary multiplied by the number of years of the member's total service credit; provided that this subsection shall not apply to any member who was retired in any of the four quarters ending on June 30, 1987 without having accumulated not less than 1.0 years earned service credit after June 30, 1987. G. Retirement benefits for a member who retires pursuant to Section 22-11- 23 NMSA 1978 on or after July 1, 1991 shall be paid monthly and shall be one-twelfth of a sum equal to two and thirty-five hundredths percent of the member's average annual salary multiplied by the number of years of the member's total service credit; provided that: (1) the benefit for a member who retires pursuant to Paragraph (3) of Subsection A of Section 22-11-23 NMSA 1978 shall be reduced by: (a) six-tenths percent for each one-fourth, or portion thereof, year that retirement occurs prior to the member attaining the age of sixty years but after the member attains the age of fifty-five years; and (b) one and eight-tenths percent for each one-fourth, or portion thereof, year that retirement occurs prior to the member attaining the age of fifty-five years; (2) the benefit formula provided in this subsection shall not apply to any member who was retired in any of the four consecutive quarters ending on June 30, 1991 without having accumulated at least one year of earned service credit beginning on or after July 1, 1991; and (3) a member shall be subject to the provisions of Paragraph (1) of this subsection as they existed at the beginning of the member's last cumulated four quarters of earned service credit, regardless of later amendment. H. Retirement benefits for a member who retires pursuant to Section 22-11- 23.1 NMSA 1978 shall be paid monthly and shall be one-twelfth of a sum equal to two and thirty-five hundredths percent of the member's average annual salary multiplied by the number of years of the member's total service credit; provided that: (1) the benefit for a member who retires pursuant to Paragraph (3) of Subsection A of Section 22-11-23.1 NMSA 1978 shall be reduced by: (a) six-tenths percent for each one-fourth, or portion thereof, year that retirement occurs prior to the member attaining the age of sixty-five years but after the member attains the age of sixty years; and

(b) one and eight-tenths percent for each one-fourth, or portion thereof, year that retirement occurs prior to the member attaining the age of sixty years; and (2) a member shall be subject to the provisions of Paragraph (1) of this subsection as they existed at the beginning of the member's last cumulated four quarters of earned service credit, regardless of later amendment. I. Retirement benefits for a member who retires pursuant to Section 22-11- 23.2 NMSA 1978 shall be paid monthly and shall be one-twelfth of a sum equal to two and thirty-five hundredths percent of the member's average annual salary multiplied by the number of years of the member's total service credit; provided that: (1) the benefit for a member retiring pursuant to Paragraph (3) of Subsection A of Section 22-11-23.2 NMSA 1978 shall be reduced by: (a) six-tenths percent for each one-fourth, or portion thereof, year that retirement occurs prior to the member attaining the age of sixty-five years but after the member attains the age of sixty years; and (b) one and eight-tenths percent for each one-fourth, or portion thereof, year that retirement occurs prior to the member attaining the age of sixty years; and (2) a member shall be subject to the provisions of Paragraph (1) of this subsection as they existed at the beginning of the member's last cumulated four quarters of earned service credit, regardless of later amendment. J. Retirement benefits for a member who retires in accordance with Section 22-11-23.3 NMSA 1978 shall be paid monthly and: (1) in an amount equal to one-twelfth of the sum of the following: (a) for the first ten years of the member's service credit, one and thirty-five hundredths percent of the member's average annual salary multiplied by the member's years of service credit between one-fourth of a year and ten years; (b) for that portion of the member's service credit earned after ten years of service credit and through twenty years of service credit, two and thirty-five hundredths percent of the member's average annual salary multiplied by the member's years of service credit between ten and twenty years; (c) for that portion of the member's service credit earned after twenty years of service credit and through thirty years of service credit, three and thirty- five hundredths percent of the member's average annual salary multiplied by the member's years of service credit between twenty and thirty years; and

(d) for that portion of the member's service credit earned after thirty years of service credit, two and four-tenths percent of the member's average annual salary multiplied by the member's years of service credit over thirty years; or (2) if the member retires in accordance with: (a) Subsection A of Section 22-11-23.3 NMSA 1978 and is under fifty-eight years of age, in an amount equal to the result determined under Paragraph (1) of this subsection, but reduced to the actuarial equivalent, based on what is at the time of the member's retirement the most current set of actuarial factors determined by the board, of the benefit the member would receive if the member had retired at fifty-eight years of age; (b) Subsection C of Section 22-11-23.3 NMSA 1978 and is sixty years of age or older and under sixty-five, in an amount equal to the result determined under Paragraph (1) of this subsection, but reduced by six-tenths percent for each one- fourth, or portion thereof, year before the member reaches age sixty-five; or (c) Subsection C of Section 22-11-23.3 NMSA 1978 and is younger than sixty years of age, in an amount equal to one and eight-tenths percent for each one-fourth, or portion thereof, year before the member reaches sixty years of age. K. In determining a member's average annual salary for purposes of this section: (1) the data set shall consist of the annual salary of each of the last five years, or any consecutive five years, for which contribution was made by the member, whichever produces a higher result; and (2) lump-sum payments made after July 1, 2010 of accrued sick leave or annual leave shall be excluded from the calculation. L. On and after July 1, 2019, if the member's average annual salary is greater than sixty thousand dollars ($60,000): (1) the salary in a first twelve-month interval that occurs beginning July 1, 2019 or thereafter of the five-year period used to determine the average annual salary shall be adjusted to exclude any increase in salary in excess of thirty percent of the salary in the twelve consecutive months of service credit preceding the five-year period; and (2) the salary in each of the four succeeding twelve-month intervals that occur beginning July 1, 2019 or thereafter of the five-year period, as adjusted to exclude any increase in salary in the twelve months preceding each such succeeding twelve- month interval that is in excess of the thirty-percent limitation provided in this subsection, shall be used to determine if the salary in that succeeding twelve-month

interval exceeds the thirty-percent limitation and to adjust the salary to exclude any increase in excess of that limitation in determining the average annual salary. M. On July 1, 2020 and on each July 1 thereafter, the salary threshold for applying the thirty-percent limitation provided for in Subsection L of this section shall be adjusted by applying an adjustment factor equal to the change in the consumer price index between the next preceding calendar year and the preceding calendar year if there is an increase in the consumer price index between the next preceding calendar year and the preceding calendar year. N. Notwithstanding any provision of the Educational Retirement Act, retirement benefits shall be distributed in accordance with Section 401(a)(9) of the federal Internal Revenue Code of 1986, as amended, and the regulations thereunder, including the minimum incidental death benefit restrictions of Section 401(a)(9)(G) of the Internal Revenue Code of 1986, as amended." Chapter 87 Section 3 Laws 2023 SECTION 3. Section 22-11-47 NMSA 1978 (being Laws 1991, Chapter 118, Section 5, as amended) is amended to read: "22-11-47. ALTERNATIVE RETIREMENT PLAN--ELECTION OF COVERAGE.-- A. Beginning October 1, 1991, any employee of the university of New Mexico, New Mexico state university, New Mexico institute of mining and technology, New Mexico highlands university, eastern New Mexico university or western New Mexico university who is eligible to become a participant may make within ninety days of that date an election to participate in the alternative retirement plan. Beginning October 1, 1999, an employee of central New Mexico community college, Clovis community college, Luna community college, Mesalands community college, New Mexico junior college, northern New Mexico college, San Juan college or Santa Fe community college who is eligible to become a participant may make an election to participate in the alternative retirement plan within ninety days of the initial date. Beginning October 1, 2023, an employee of southeast New Mexico college who is eligible to become a participant may make an election to participate in the alternative retirement plan within ninety days of the initial date. Thereafter, any employee who is eligible to become a participant may make within the first ninety days of employment with a qualifying state educational institution an election to participate in the alternative retirement plan. Any employee who makes the election shall become a participant the first day of the first pay period following the election. Any employee who fails to make the election within ninety days of October 1, 1991, October 1, 1999 or October 1, 2023, whichever is applicable, or within the first ninety days of employment with a qualifying state educational institution shall become or remain a regular member if that employee is eligible to be a regular member and shall not later be eligible to elect to be a participant, regardless of whether the employee subsequently is employed in another position that is eligible for

participation in the alternative retirement plan. Except as provided in Subsection D of this section, an election to become a participant is irrevocable. B. Until the time an employee who is eligible to become a participant elects to participate in the alternative retirement plan, that employee shall be a regular member. C. When an employee elects to become a participant, any employer and employee contributions made as a regular member shall be withdrawn from the fund and applied instead toward the alternative retirement plan as if the participant had been participating in the alternative retirement plan from the commencement of employment with the qualifying state educational institution. D. On July 1, 2009, any participant who has made contributions to the alternative retirement plan for a cumulative total of seven years or more shall have a one-time option of electing to become a regular member. Thereafter, once a participant has made contributions to the alternative retirement plan for a cumulative total of seven years, a participant shall have a one-time option of electing to become a regular member. Participants electing to become regular members shall exercise that option within one hundred twenty days of the date of becoming eligible to elect to become a regular member. Any amounts on deposit in an employee's alternative retirement plan account when a participant becomes a regular member shall remain on deposit with the contractor or carrier subject to that plan's provisions, unless otherwise provided by law. An employee who elects to become a regular member under this subsection shall use the date on which the employee was first employed with a qualifying state educational institution for purposes of determining any retirement eligibility requirement, provided that the employee: (1) may not purchase service credit for periods of employment during which the employee participated in the alternative retirement plan; and (2) shall acquire not less than five years of contributory employment as a regular member as provided for in Section 22-11-24 NMSA 1978 to be eligible for retirement benefits pursuant to the Educational Retirement Act. E. The board shall approve the positions at each qualifying state educational institution that are eligible for participation in the alternative retirement plan." LAWS 2023, CHAPTER 88 SCONC/Senate Bill 21, aa, w/ec Approved April 4, 2023 AN ACT RELATING TO PRESCRIBED BURNING; PROHIBITING THE USE OF PRESCRIBED BURNING DURING A RED FLAG WARNING; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 88 Section 1 Laws 2023 SECTION 1. Section 68-5-3 NMSA 1978 (being Laws 2021, Chapter 13, Section 3) is amended to read: "68-5-3. PRESCRIBED BURN USE.-- A. Prescribed burning is considered in the public interest and not a public or private nuisance. B. Except as limited in Subsection C of this section, a private landowner or a private landowner's agent, contractor or legally authorized designee shall have a right to conduct a prescribed burn on the landowner's property, except when the state forester or a county or municipality issues restrictions prohibiting a prescribed burn because of drought or wind conditions; provided that the prescribed burn is conducted with appropriate precautionary measures, including: the use of sufficient personnel and equipment; the prior notification of local fire officials; burn and contingency planning; and the use of appropriate prescribed burn techniques that cause the fire to be confined to a predetermined area. C. A prescribed burn shall not be started when the national weather service has issued a red flag warning for the area where the prescribed burn is planned to take place." Chapter 88 Section 2 Laws 2023 SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately. LAWS 2023, CHAPTER 89 Senate Bill 29 Approved April 4, 2023 AN ACT RELATING TO CRIMINAL JUSTICE REFORM; CREATING MEDICAL AND GERIATRIC PAROLE PROCEDURES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Chapter 89 Section 1 Laws 2023 SECTION 1. Section 31-21-5 NMSA 1978 (being Laws 1978, Chapter 41, Section 1, as amended) is amended to read: "31-21-5. DEFINITIONS.--As used in the Probation and Parole Act: A. "probation" means the procedure under which an adult defendant, found guilty of a crime upon verdict or plea, is released by the court without imprisonment under a suspended or deferred sentence and subject to conditions; B. "parole" means the release to the community of an inmate of an institution by decision of the board or by operation of law, subject to conditions imposed by the board and to its supervision; C. "institution" means the state penitentiary and any other similar state institution hereinafter created; D. "board" means the parole board; E. "director" means the director of the adult probation and parole division of the corrections department or any employee designated by the director; F. "adult" means any person convicted of a crime by a district court; G. "geriatric inmate" means a person who: (1) is serving a sentence and is confined in a prison or other correctional institution under the control of the corrections department; (2) is fifty-five years of age or older; (3) suffers from a debilitating and chronic infirmity, illness or disease related to aging; and (4) does not constitute a danger to the person's own self or to society at the time of review; H. "permanently incapacitated inmate" means a person who: (1) is serving a sentence and is confined in a prison or other correctional institution under the control of the corrections department; (2) by reason of an existing medical condition is permanently and irreversibly physically incapacitated; and

(3) does not constitute a danger to the person's own self or to society at the time of review; and I. "terminally ill inmate" means a person who: (1) is serving a sentence and is confined in a prison or other correctional institution under the control of the corrections department; (2) has an incurable condition caused by illness or disease that will, within reasonable medical judgment, produce death within six months; and (3) does not constitute a danger to the person's own self or to society at the time of review." Chapter 89 Section 2 Laws 2023 SECTION 2. Section 31-21-17.1 NMSA 1978 (being Laws 1994, Chapter 21, Section 2) is amended to read: "31-21-17.1. MEDICAL OR GERIATRIC PAROLE--PROCEDURES--DUTIES OF THE CORRECTIONS DEPARTMENT--DUTIES OF THE BOARD.-- A. The corrections department shall promulgate rules and implement a medical and geriatric parole program, including the application form for medical or geriatric parole. B. An inmate who is geriatric, permanently incapacitated or terminally ill may seek parole consideration upon written application to the board or consent to submission of an application by and through a family member, attorney or corrections department care provider. When an inmate is physically or mentally incapable of knowingly and voluntarily consenting to submission of an application due to mental or physical infirmity, a family member, attorney, corrections department care provider or other individual with a power of attorney may submit the application on the inmate's behalf. C. The corrections department shall identify geriatric, permanently incapacitated and terminally ill inmates, notify those inmates of the opportunity to apply for medical or geriatric parole and recommend the release of those inmates who are eligible for medical or geriatric parole. D. A classification officer shall provide an inmate over the age of fifty-five with a copy of the medical and geriatric parole policy and any other applicable forms at least once a year. An inmate arriving at a long-term care or geriatric unit managed by the corrections department or placed by the corrections department into long-term care or a facility not managed by the department shall be provided with a copy of the medical and geriatric parole policy, written in the inmate's preferred language, during orientation. A

copy of the medical and geriatric parole policy shall be placed and maintained in the law library at each institution of the corrections department. E. An application for medical or geriatric parole shall be submitted to the inmate's classification officer. A classification officer who receives an application shall review the application, make a recommendation, attach any relevant documentation and forward the application package to the appropriate authority as defined by corrections department rule. F. The corrections department shall determine whether to recommend an inmate for medical or geriatric parole and make any recommendations to the board no later than thirty days after receipt of the application by the classification officer. All applications received by the department shall be processed and forwarded to the board. The recommendation shall include the inmate's age, medical history and prognosis and, if applicable, institutional behavior, adjustment and any evidence suggesting rehabilitation during incarceration. When the department recommends an inmate for medical or geriatric parole, the director shall submit a statement to the board that the inmate's release is not incompatible with the welfare of society. In the event that the department is unable to make a determination of recommendation for medical or geriatric parole within thirty days, the department shall document in writing any justification for the delay. G. When considering an inmate for medical or geriatric parole, the director may request that reasonable medical and mental health examinations be conducted; provided that the examinations do not cause delay in the processing time of applications required by this section. H. When determining an inmate's eligibility for medical or geriatric parole, the director shall consider the totality of the circumstances, including: (1) the inmate's age; (2) the severity of the inmate's illness, disease or infirmity; (3) a comprehensive health evaluation of the inmate; (4) the inmate's institutional behavior, including evidence indicating rehabilitation; (5) the inmate's current level of risk for violence; and (6) any alternative to maintaining the geriatric, permanently incapacitated or terminally ill inmate in a traditional setting. I. Upon receipt of an application and recommendation and supporting documentation from the corrections department for medical or geriatric parole, the

board shall review the documentation, schedule a hearing and issue a decision within fifteen days. In the event that a hearing cannot be scheduled and a decision issued within fifteen days, the board shall document in writing any justification for the delay. If an inmate is denied medical or geriatric parole, the board shall notify the inmate and provide service of the copy of the written decision. A copy of the decision shall be sent to the secretary of corrections and the warden of the facility in which the inmate resides. J. The board shall release an inmate on medical or geriatric parole upon recommendation from the director unless the board finds by clear and convincing evidence that the inmate's release is incompatible with the welfare of society and states in writing its reason for the finding. The board may consider the totality of the circumstances, including an inmate's criminal history, but shall not deny medical or geriatric parole solely because of the nature of the charge resulting in the inmate's conviction or the inmate's criminal history. K. A rebuttable presumption that an inmate does not constitute a danger to the inmate's self or to society and is therefore eligible for medical or geriatric parole is established if the inmate: (1) is fifty-five years of age or older and suffers from a debilitating or chronic infirmity, illness or disease related to aging; (2) by reason of an existing medical condition, is permanently and irreversibly physically incapacitated; or (3) has an incurable condition caused by illness or disease that would, within reasonable medical judgment, produce death within six months. L. Pursuant to Section 39-3-1.1 NMSA 1978, an inmate whose decision is denied by the board pursuant to the provisions of this section may appeal the board's decision in the district court in the jurisdiction where the sentence was imposed. When an inmate is physically or mentally incapable of knowingly and voluntarily consenting to submission of an appeal because of a mental or physical infirmity, a family member, attorney, corrections department health care provider or other individual with a power of attorney may submit an appeal on the inmate's behalf. The notice of appeal shall include a statement of any applicable appellate issues. No later than forty-eight hours after the filing of the notice of appeal with the board, the board shall file the record on appeal with the district court, including any applicable appellee response. The district court shall rule on the appeal no later than seventy-two hours after the record on appeal is filed. M. An inmate who has not served the inmate's minimum sentence may be considered eligible for parole under the medical and geriatric parole program. Medical and geriatric parole shall be in addition to any other parole for which a geriatric, permanently incapacitated or terminally ill inmate may be eligible.

N. The parole term of a geriatric, permanently incapacitated or terminally ill inmate on medical or geriatric parole shall be for the remainder of the inmate's basic sentence and parole without diminution of sentence for good behavior. O. In the event that the inmate is a terminally ill inmate, the corrections department shall determine whether to recommend an inmate for medical or geriatric parole within fifteen days of the receipt of the inmate's application by the classification officer, and the board shall issue a decision within seven days. In the event that the department is unable to determine whether to recommend an inmate for medical or geriatric parole within fifteen days pursuant to this subsection, the department or the board shall document any justification for the delay in writing. P. An inmate who has been denied parole pursuant to the provisions of this section may reapply if additional information is received or if the inmate's condition so warrants. Q. An inmate convicted of first degree murder shall not be considered eligible for medical or geriatric parole." Chapter 89 Section 3 Laws 2023 SECTION 3. REPEAL.--Section 31-21-25.1 NMSA 1978 (being Laws 1994, Chapter 21, Section 3) is repealed. Chapter 89 Section 4 Laws 2023 SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 90 SJC/Senate Bill 31, aa Approved April 4, 2023 AN ACT RELATING TO GUARDIANSHIPS; PROVIDING RULEMAKING AUTHORITY TO THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; AMENDING AND CHANGING THE NAME OF THE FAMILY SERVICES ACT; AMENDING THE KINSHIP GUARDIANSHIP ACT; PROVIDING FOR VOLUNTARY PLACEMENT OF CHILDREN; PROVIDING FOR FINANCIAL SUBSIDIES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Chapter 90 Section 1 Laws 2023 SECTION 1. Section 22-12A-14 NMSA 1978 (being Laws 2019, Chapter 223, Section 14, as amended) is amended to read: "22-12A-14. TIMELY GRADUATION AND SUPPORT FOR STUDENTS WHO EXPERIENCE DISRUPTION IN THE STUDENT'S EDUCATION.-- A. For purposes of this section, "a student who has experienced a disruption in the student's education" means a student who experiences one or more changes in public school or school district enrollment during a single school year as the result of: (1) homelessness as defined in the federal McKinney-Vento Homeless Assistance Act and as determined by the public school or school district; (2) adjudication: (a) as an abused or neglected child as determined by the children, youth and families department pursuant to the Abuse and Neglect Act; (b) as part of a family in need of court-ordered services voluntary placement pursuant to the Voluntary Placement and Family Services Act; or (c) as a delinquent if the parent wishes to disclose the adjudication of delinquency; or (3) placement in a mental health treatment facility or habilitation program for developmental disabilities pursuant to the Children's Mental Health and Developmental Disabilities Act or placement in treatment foster care. B. When a student who has experienced a disruption in the student's education transfers to a new public school or school district, the receiving public school or school district shall communicate with the sending public school or school district within two days of the student's enrollment. The sending public school or school district shall provide the receiving public school or school district with any requested records within two days of having received the receiving public school's or school district's communication. C. A student who has experienced a disruption in the student's education because of transferring to a new public school as the result of circumstances set forth in this section shall have: (1) priority placement in classes that meet state graduation requirements; and

(2) timely placement in elective classes that are comparable to those in which the student was enrolled at the student's previous public school or schools as soon as the public school or school district receives verification from the student's records. D. For a student who has experienced a disruption in the student's education at any time during the student's high school enrollment, a school district and public schools shall ensure: (1) acceptance of the student's state graduation requirements for a diploma of excellence pursuant to the Public School Code; (2) equal access to participation in sports and other extracurricular activities, career and technical programs or other special programs for which the student qualifies; (3) timely assistance and advice from counselors to improve the student's college or career readiness; and (4) that the student receives all special education services to which the student is entitled. E. A student who has experienced a disruption in the student's education and has transferred between public schools in different school districts or between public schools within the same school district shall receive credit for any work completed prior to the transfer, regardless of whether the transfer occurred at the end of a grading period. The department shall promulgate and adopt a rule to determine how credit shall be awarded for courses that are partially completed, and school districts shall follow the department rule." Chapter 90 Section 2 Laws 2023 SECTION 2. Section 32A-1-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 13, as amended) is amended to read: "32A-1-4. DEFINITIONS.--As used in the Children's Code: A. "active efforts" means efforts that are affirmative, active, thorough and timely and that represent a higher standard of conduct than reasonable efforts; B. "adult" means a person who is eighteen years of age or older; C. "child" means a person who is less than eighteen years old; D. "council" means the substitute care advisory council established pursuant to Section 32A-8-4 NMSA 1978;

E. "court", when used without further qualification, means the children's court division of the district court and includes the judge, special master or commissioner appointed pursuant to the provisions of the Children's Code or supreme court rule; F. "court-appointed special advocate" means a person appointed pursuant to the provisions of the Children's Court Rules to assist the court in determining the best interests of the child by investigating the case and submitting a report to the court; G. "custodian" means an adult with whom the child lives who is not a parent or guardian of the child; H. "department" means the children, youth and families department, unless otherwise specified; I. "disproportionate minority contact" means the involvement of a racial or ethnic group with the criminal or juvenile justice system at a proportion either higher or lower than that group's proportion in the general population; J. "federal Indian Child Welfare Act of 1978" means the federal Indian Child Welfare Act of 1978, as that act may be amended or its sections renumbered; K. "foster parent" means a person, including a relative of the child, licensed or certified by the department or a child placement agency to provide care for children in the custody of the department or agency; L. "guardian" means a person appointed as a guardian by a court or Indian tribal authority; M. "guardian ad litem" means an attorney appointed by the children's court to represent and protect the best interests of the child in a case; provided that no party or employee or representative of a party to the case shall be appointed to serve as a guardian ad litem; N. "Indian" means, whether an adult or child, a person who is: (1) a member of an Indian tribe; or (2) eligible for membership in an Indian tribe; O. "Indian child" means an Indian person, or a person whom there is reason to know is an Indian person, under eighteen years of age, who is neither: (1) married; or (2) emancipated;

P. "Indian child's tribe" means: (1) the Indian tribe in which an Indian child is a member or eligible for membership; or (2) in the case of an Indian child who is a member or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has more significant contacts; Q. "Indian custodian" means an Indian who, pursuant to tribal law or custom or pursuant to state law: (1) is an adult with legal custody of an Indian child; or (2) has been transferred temporary physical care, custody and control by the parent of the Indian child; R. "Indian tribe" means an Indian nation, tribe, pueblo or other band, organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including an Alaska native village as defined in 43 U.S.C. Section 1602(c) or a regional corporation as defined in 43 U.S.C. Section 1606. For the purposes of notification to and communication with a tribe as required in the Indian Family Protection Act, "Indian tribe" also includes those tribal officials and staff who are responsible for child welfare and social services matters; S. "judge", when used without further qualification, means the judge of the court; T. "legal custody" means a legal status created by order of the court or other court of competent jurisdiction or by operation of statute that vests in a person, department or agency the right to determine where and with whom a child shall live; the right and duty to protect, train and discipline the child and to provide the child with food, shelter, personal care, education and ordinary and emergency medical care; the right to consent to major medical, psychiatric, psychological and surgical treatment and to the administration of legally prescribed psychotropic medications pursuant to the Children's Mental Health and Developmental Disabilities Act; and the right to consent to the child's enlistment in the armed forces of the United States; U. "member" or "membership" means a determination made by an Indian tribe that a person is a member of or eligible for membership in that Indian tribe; V. "parent" or "parents" means a biological or adoptive parent if the biological or adoptive parent has a constitutionally protected liberty interest in the care and custody of the child or a person who has lawfully adopted an Indian child pursuant to state law or tribal law or tribal custom;

W. "permanency plan" means a determination by the court that the child's interest will be served best by: (1) reunification; (2) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights; (3) placement with a person who will be the child's permanent guardian; (4) placement in the legal custody of the department with the child placed in the home of a fit and willing relative; or (5) placement in the legal custody of the department under a planned permanent living arrangement; X. "person" means an individual or any other form of entity recognized by law; Y. "plan of care" means a plan created by a health care professional intended to ensure the safety and well-being of a substance-exposed newborn by addressing the treatment needs of the child and any of the child's parents, relatives, guardians, family members or caregivers to the extent those treatment needs are relevant to the safety of the child; Z. "preadoptive parent" means a person with whom a child has been placed for adoption; AA. "protective supervision" means the right to visit the child in the home where the child is residing, inspect the home, transport the child to court-ordered diagnostic examinations and evaluations and obtain information and records concerning the child; BB. "relative" means a person related to another person: (1) by blood within the fifth degree of consanguinity or through marriage by the fifth degree of affinity; or (2) with respect to an Indian child, as established or defined by the Indian child's tribe's custom or law; CC. "reservation" means: (1) "Indian country" as defined in 18 U.S.C. Section 1151;

(2) any lands to which the title is held by the United States in trust for the benefit of an Indian tribe or individual; or (3) any lands held by an Indian tribe or individual subject to a restriction by the United States against alienation; DD. "reunification" means either a return of the child to the parent or to the home from which the child was removed or a return to the noncustodial parent; EE. "secretary" means the United States secretary of the interior; FF. "tribal court" means a court with jurisdiction over child custody proceedings that is either a court of Indian offenses, a court established and operated under the law or custom of an Indian tribe or any other administrative body that is vested by an Indian tribe with authority over child custody proceedings; GG. "tribal court order" means a document issued by a tribal court that is signed by an appropriate authority, including a judge, governor or tribal council member, and that orders an action that is within the tribal court's jurisdiction; and HH. "tribunal" means any judicial forum other than the court." Chapter 90 Section 3 Laws 2023 SECTION 3. Section 32A-3A-15 NMSA 1978 (being Laws 2019, Chapter 247, Section 14) is recompiled as Section 32A-1-22 NMSA 1978 and is amended to read: "32A-1-22. MEDICAL CANNABIS PROGRAM--REMOVAL OF CHILDREN-- FAMILY SERVICES INTERVENTION--SCHOOL ENROLLMENT--MEDICAL CARE.-- A. An individual's participation in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act shall not in itself constitute grounds for: (1) intervention, removal or placement into state custody of a child in that individual's care pursuant to the Abuse and Neglect Act; or (2) the provision of state prevention, diversion or intervention services to that individual's family pursuant to the Voluntary Placement and Family Services Act. B. A person shall not be denied custody of or visitation or parenting time with a child, and there is no presumption of neglect or child endangerment, for conduct allowed under the Lynn and Erin Compassionate Use Act. C. A school shall not refuse to enroll or otherwise penalize a person solely for conduct allowed pursuant to the Lynn and Erin Compassionate Use Act, unless failing

to do so would cause the school to lose a monetary or licensing-related benefit under federal law or regulation. D. For the purposes of medical care, including an organ transplant, a qualified patient's use of cannabis pursuant to the Lynn and Erin Compassionate Use Act shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not be considered to constitute the use of an illicit substance or otherwise disqualify a qualified patient from medical care." Chapter 90 Section 4 Laws 2023 SECTION 4. Section 32A-3A-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 63, as amended) is amended to read: "32A-3A-1. SHORT TITLE.--Chapter 32A, Article 3A NMSA 1978 may be cited as the "Voluntary Placement and Family Services Act"." Chapter 90 Section 5 Laws 2023 SECTION 5. Section 32A-3A-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 64, as amended) is amended to read: "32A-3A-2. DEFINITIONS.--As used in the Voluntary Placement and Family Services Act: A. "child or family in need of family services" means a family: (1) whose child's behavior endangers the child's health, safety, education or well-being; (2) whose child is excessively absent from public school as defined in the Attendance for Success Act; (3) whose child is absent from the child's place of residence for twenty- four hours or more without the consent of the parent, guardian or custodian; (4) in which the parent, guardian or custodian of a child refuses to permit the child to live with the parent, guardian or custodian; or (5) in which the child refuses to live with the child's parent, guardian or custodian; B. "family services" means services that address specific needs of the child or family;

C. "guardian" means a person appointed as a guardian by a court or Indian tribal authority; D. "guardianship assistance agreement" means a written agreement entered into by the prospective guardian and the department or Indian tribe prior to the establishment of the guardianship by a court; E. "guardianship assistance payments" means payments made by the department to a kinship guardian or successor guardian on behalf of a child pursuant to the terms of a guardianship assistance agreement; F. "guardianship assistance program" means the financial subsidy program provided for in the Voluntary Placement and Family Services Act; G. "kinship" means the relationship that exists between a child and a relative of the child, a godparent, a member of the child's tribe or clan or an adult with whom the child has a significant bond; H. "subsidized guardianship" means a guardianship that meets subsidy eligibility criteria pursuant to the Voluntary Placement and Family Services Act; and I. "voluntary placement agreement" means a written agreement between the department and the parent or guardian of a child." Chapter 90 Section 6 Laws 2023 SECTION 6. Section 32A-3A-6 NMSA 1978 (being Laws 1993, Chapter 77, Section 68) is amended to read: "32A-3A-6. VOLUNTARY PLACEMENT OUTSIDE HOME--VOLUNTARY PLACEMENT AGREEMENT.-- A. The department may accept legal custody of a minor child from a parent or guardian for temporary voluntary placement outside the home through a voluntary placement agreement. B. When a parent is considering a voluntary placement agreement, the department shall notify the office of family representation and advocacy. The office of family representation and advocacy shall assign the parent or guardian legal counsel prior to the signing and for the duration of the voluntary placement agreement. Prior to the signing of the voluntary placement agreement, counsel shall explain to the parent or guardian: (1) the terms and consequences of the consent to the voluntary placement agreement, in detail;

(2) that the parent or guardian can withdraw consent at any time and the child shall be returned within forty-eight hours of when the written or verbal demand was made; and (3) that before the expiration of the forty-eight hours, the department may prevent the immediate return of the child by filing a petition alleging neglect or abuse and by obtaining a court order granting the department temporary custody of the child. C. The department shall notify the office of family representation and advocacy when the voluntary placement agreement is terminated or expires. D. The parent or guardian may request a collaborative meeting with the department prior to signing or at any point throughout the duration of the voluntary placement agreement. The department shall schedule the collaborative meeting in a timely manner. E. Upon the signing of a voluntary placement agreement, the department shall notify the office of family representation and advocacy. The office of family representation and advocacy shall assign the child a guardian ad litem. Only an attorney with appropriate experience shall be appointed as guardian ad litem of the child. When a voluntary placement agreement is subject to court review, the guardian ad litem shall inform the court as to the child's wishes. F. The parent or guardian, child or department may file a petition for court review of the voluntary placement agreement prior to the signing or at any point throughout the duration of the voluntary placement agreement. G. If court review is requested prior to signing the voluntary placement agreement, before approving the voluntary placement agreement, the court shall ensure that the voluntary placement agreement is executed in writing. The court shall certify on the record that: (1) the terms and consequences of the consent were fully explained in detail and in a manner that is understandable to the parent or guardian; (2) the child's parent or guardian fully understands the English language or that the voluntary placement agreement was interpreted into the primary language of the child's parent or guardian; (3) the child's parent or guardian is voluntarily entering into the voluntary placement agreement; (4) confidentiality has been requested or indicated and execution of consent was made in a closed court proceeding not open to the public; and

(5) the child's parent or guardian is of sound mind and judgment." Chapter 90 Section 7 Laws 2023 SECTION 7. Section 32A-3A-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 69, as amended) is amended to read: "32A-3A-7. VOLUNTARY PLACEMENT--TIME LIMITATION.-- A. A child may remain in voluntary placement for up to one hundred eighty consecutive days. B. Prior to the expiration of the voluntary placement agreement, if the parent or guardian agrees in writing that the child is to remain in voluntary placement for up to an additional one hundred eighty days, the department shall file a petition to extend the voluntary placement. The department shall provide notice of the hearing on the petition for extension to the parent or guardian. C. The court shall hold a hearing and enter a written final order within thirty days of the filing of the petition. If the court grants an extension of up to one hundred eighty days, the order shall contain findings that proper notice was given, the parent or guardian consents to the extension of the voluntary placement and the voluntary placement agreement is in the child's best interest. If an extension is denied, the court shall enter a written order denying the extension and directing the department to immediately return the child to the parent or guardian. D. In no event shall a child remain in voluntary placement for a period in excess of three hundred sixty-five days in any two-year period. E. Any placement described in this section shall not be considered abandonment by a parent, guardian or custodian or other family member." Chapter 90 Section 8 Laws 2023 SECTION 8. Section 32A-3A-8 NMSA 1978 (being Laws 1993, Chapter 77, Section 70, as amended) is amended to read: "32A-3A-8. VOLUNTARY PLACEMENT--RETURN OF CHILD TO PARENT-- DEPARTMENT DUTY UPON PARENT REFUSAL TO REGAIN CUSTODY.-- A. At any time, a parent or guardian may demand and obtain the return of a child voluntarily placed outside the home without seeking or obtaining court approval. The child shall be returned within forty-eight hours of when the written or verbal demand was made. However, before the expiration of the forty-eight-hour period, the department may prevent the immediate return of the child by filing a petition pursuant to the Family

in Need of Court-Ordered Services Act or the Abuse and Neglect Act and proceeding under the applicable act. B. If the parent or guardian of the child refuses to or cannot accept the child back into the parent's or guardian's custody, before the department files a petition alleging that the child is a neglected child or that the child's family needs court-ordered family services, the department shall: (1) make reasonable efforts to place the child back in the custody of the parent or guardian and tailor the reasonable efforts to the facts and circumstances of the case and shall: (a) document in writing the details demonstrating the quality and quantity of services and assistance provided to alleviate the causes and conditions leading to the parent or guardian's refusal or inability to accept the child back into the parent or guardian's custody, on the court record; (b) assist the child's parent or guardian through the steps of a department case plan and with accessing or developing the resources necessary to satisfy the department case plan; and (c) conduct a comprehensive assessment of the circumstances of the child's family with a goal of reunification; (2) make reasonable efforts to maintain or reunite a child with the child's family by: (a) identifying and establishing appropriate services and assisting the child's parent or guardian to overcome barriers to reunification, including assisting the parent or guardian in obtaining those services; (b) conducting or causing to be conducted a diligent search for the child's extended family members and contacting and consulting with the child's extended family members and adult relatives to provide family structure and support for the child and the child's parent or guardian; (c) offering and employing culturally appropriate family preservation strategies; (d) taking steps to keep the child and the child's siblings together whenever possible; and (e) identifying community resources, including housing, financial assistance, transportation, mental health services, health care, substance use prevention and treatment and peer support services, and assisting the child's parent or guardian; and

(3) record all efforts made toward reasonable efforts and report them to the court." Chapter 90 Section 9 Laws 2023 SECTION 9. Section 32A-3A-10 NMSA 1978 (being Laws 1993, Chapter 77, Section 72) is amended to read: "32A-3A-10. VOLUNTARY PLACEMENT--RIGHTS OF PARENT.-- The parent or guardian whose child is in voluntary placement shall have the following rights to: A. have visitation with the child; B. be informed of changes in the child's school or of changes in the child's placement by the department; C. authorize decisions regarding medical and dental care and behavioral health services, including decisions that affect the daily care, support, safety and well- being of the child; D. permit the department to consent to emergency services to ensure the safety and well-being of the child, including medical, dental or behavioral health treatment, if the department is unable to make immediate prior contact with the parent or guardian. The department shall notify the parent or guardian within two hours of making emergency decisions due to inability to make prior contact; E. consent to all nonemergency and nonroutine medical care provided for the child; F. make decisions regarding participation and attendance in cultural and religious events; G. make decisions of substantial legal significance; and H. serve as the educational decision maker unless the department determines that doing so would be contrary to the best interests of the child, in which case the foster parent or other substitute care provider will serve as the educational decision maker." Chapter 90 Section 10 Laws 2023 SECTION 10. A new section of the Voluntary Placement and Family Services Act is enacted to read: "CONFIDENTIALITY.--

A. All records or information, whether on file with the court, an agency, the department, an attorney or other provider of professional services, concerning a party to a voluntary placement proceeding shall be confidential and closed to the public. B. The disclosure of all mental health and developmental disability records shall be made pursuant to the Children's Mental Health and Developmental Disabilities Act. C. The records described in Subsection A of this section, other than mental health and developmental disability records, shall be disclosed only to the parties and: (1) court personnel and persons or entities authorized by contract with the court to review, inspect or otherwise have access to records or information in the court's possession; (2) the attorney, including a public defender, representing the child in any child proceeding pursuant to the Children's Code; (3) department personnel and persons or entities authorized by contract with the department to review, inspect or otherwise have access to records or information in the department's possession; (4) law enforcement officials, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978; (5) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978; (6) any state government social services agency in any state or, when in the opinion of the department it is in the best interest of the child, a governmental social services agency of another country; (7) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent and the records concern the cultural, social, medical, psychological or educational needs of the child; (8) school personnel involved with the child if the records concern the child's cultural, social or educational needs; (9) a grandparent, parent of a sibling, relative or fictive kin, if the records or information pertain to a child being considered for placement with that grandparent, parent of a sibling, relative or fictive kin and the records or information concern the cultural, social, medical, psychological or educational needs of the child;

(10) health care or mental health professionals involved in the evaluation or treatment of the child or of the child's parents, guardian, custodian or other family members; (11) protection and advocacy representatives pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991; (12) children's safehouse organizations conducting investigatory interviews of children on behalf of a law enforcement agency or the department; (13) representatives of the federal government or their contractors authorized by federal statute or regulation to review, inspect, audit or otherwise have access to records and information pertaining to neglect or abuse proceedings; (14) any person or entity attending a meeting arranged by the department to discuss the safety, well-being and permanency of a child when the parent, guardian or child over the age of fourteen years has consented to the disclosures occurring during the meeting; and (15) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court. D. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to the Voluntary Placement and Family Services Act or releases or makes other unlawful use of records in violation of that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. E. The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules." Chapter 90 Section 11 Laws 2023 SECTION 11. A new section of the Voluntary Placement and Family Services Act is enacted to read: "CONDUCT OF HEARINGS.-- A. All hearings held pursuant to the Voluntary Placement and Family Services Act shall be closed to the general public. B. Only the parties to a proceeding, their counsel and other persons approved by the court may be present at a closed hearing. Other persons the court finds to have a proper interest in the case or in the work of the court may be admitted by

the court to closed hearings on the condition they refrain from divulging any information that would identify the child or family involved in the proceedings." Chapter 90 Section 12 Laws 2023 SECTION 12. A new section of the Voluntary Placement and Family Services Act is enacted to read: "VOLUNTARY PLACEMENT--PLACEMENT.-- A. If the department accepts legal custody of a child, the child shall be placed in the least restrictive setting that most closely approximates a family in which the child's special needs, if any, may be met. The child shall be placed within reasonable proximity to the child's home, taking into account any special needs of the child. Preference shall be given to placement with: (1) a relative of the child; (2) a licensed foster home or any home authorized by law for the provision of foster care or group care or use as a protective residence; (3) a facility operated by a licensed child welfare services agency; or (4) a facility provided for in the Children's Shelter Care Act. B. The department shall provide the child with shelter in an appropriate facility, pursuant to the provisions of Section 32A-3B-6 NMSA 1978, that is located as close as possible to the child's residence. The child shall not be held in a jail or other facility intended or used for the incarceration of adults charged or convicted of criminal offenses or a facility for the detention of children alleged to be or adjudicated as delinquent children. C. If the child is placed in an evaluation facility or out-of-home treatment or rehabilitation program, the child shall be admitted pursuant to the provisions of Sections 32A-6A-19 through 32A-6A-22 NMSA 1978. D. The department shall make reasonable efforts to place siblings in custody by court order or voluntary placement agreement together, unless such joint placement would be contrary to the safety or well-being of any of the siblings in custody, and whether any siblings not jointly placed have been provided reasonable visitation or other ongoing interaction, unless visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings."

Chapter 90 Section 13 Laws 2023 SECTION 13. A new section of the Voluntary Placement and Family Services Act is enacted to read: "FINANCIAL SUBSIDIES--ELIGIBILITY.-- A. Prior to a guardianship being granted pursuant to the Kinship Guardianship Act or the Abuse and Neglect Act and in order to be eligible for guardianship assistance payments, the following conditions shall be satisfied: (1) the child shall be in the custody of the department and have been removed from the child's home: (a) pursuant to a voluntary placement agreement; or (b) as a result of a judicial determination that the placement and care of the child should be vested in the department; (2) the child shall be eligible for foster care maintenance payments while in the home of the prospective guardian; (3) the child shall have been placed by the department and shall have lived with the prospective guardian for at least six consecutive months following the prospective guardian's licensure as a foster parent; (4) the child has a strong attachment to the prospective guardian and the prospective guardian is a relative or fictive kin of the child; (5) the prospective guardian has a strong commitment to caring permanently for the child, documented via a meeting held prior to the proposed guardianship between the prospective guardian and the department discussing the prospective guardian's long-term commitment; (6) if the child is fourteen years of age or older, the child has been consulted by the department and consents to the guardianship arrangement; and (7) a fully executed guardianship assistance agreement is approved by the department; or (8) the child is a sibling of a child who meets the eligibility criteria set forth in this subsection. B. The department shall promulgate rules for guardianship assistance payments and payment of nonrecurring expenses."

Chapter 90 Section 14 Laws 2023 SECTION 14. A new section of the Voluntary Placement and Family Services Act is enacted to read: "FINANCIAL SUBSIDIES--NONRECURRING EXPENSES.--Nonrecurring expenses incurred by a prospective guardian associated with establishing a subsidized guardianship may be reimbursed for each eligible child, up to an amount established by the department, and also for any of an eligible child's siblings." Chapter 90 Section 15 Laws 2023 SECTION 15. A new section of the Voluntary Placement and Family Services Act is enacted to read: "FINANCIAL SUBSIDIES--GUARDIANSHIP ASSISTANCE AGREEMENT.-- A. In order for a prospective guardian to receive guardianship assistance payments, the department shall negotiate and enter into a written guardianship assistance agreement before the guardianship is finalized with the prospective guardian of an eligible child. The agreement shall specify the following: (1) the amount of and manner in which guardianship assistance payments will be provided; (2) additional services and assistance for which the child and the prospective guardian will be eligible; (3) a procedure by which the prospective guardian may apply for additional services; (4) the responsibility of the prospective guardian to report changes in the needs of the child or the circumstances of the prospective guardian that affect guardianship assistance payments; (5) reasonable and verified nonrecurring expenses associated with establishing a subsidized guardianship pursuant to the provisions of Section 14 of this 2023 act; and (6) terms by which the guardianship assistance agreement may be terminated and the ability of the department to recoup funds received due to improper payment. B. A copy of the fully executed guardianship assistance agreement shall be given to the prospective guardian and to the department."

Chapter 90 Section 16 Laws 2023 SECTION 16. A new section of the Voluntary Placement and Family Services Act is enacted to read: "FINANCIAL SUBSIDIES--SUCCESSOR GUARDIANS.-- A. In order for a successor guardian to be eligible for guardianship assistance payments if the successor guardian serves as guardian in the event the guardian dies or is incapacitated, the successor guardian shall be named in the guardianship assistance agreement and any amendments thereto. B. The department may pay the cost of nonrecurring expenses associated with the successor guardian obtaining a subsidized guardianship of the child, up to an amount established by the department. C. The successor guardian does not need to be a relative and does not need to be licensed as a foster parent to receive guardianship assistance payments." Chapter 90 Section 17 Laws 2023 SECTION 17. A new section of the Voluntary Placement and Family Services Act is enacted to read: "FINANCIAL SUBSIDIES--DISCONTINUANCE OF GUARDIANSHIP ASSISTANCE PAYMENTS.-- A. The department shall immediately discontinue guardianship assistance payments when the department is advised or determines a child or guardian no longer meets the criteria to be eligible for guardianship assistance payments. B. The department shall notify the guardian in writing of a discontinuation of guardianship assistance payments and the reasons for discontinuation. C. The discontinuance of guardianship assistance payments does not terminate a guardianship or a guardian's legal responsibility that has been established by a court." Chapter 90 Section 18 Laws 2023 SECTION 18. A new section of the Voluntary Placement and Family Services Act is enacted to read: "FINANCIAL SUBSIDIES--ADMINISTRATIVE APPEAL OF DECISIONS.--A child or prospective guardian may appeal a decision by the department to establish, deny,

reduce or discontinue guardianship assistance payments within thirty days of the department's decision." Chapter 90 Section 19 Laws 2023 SECTION 19. A new section of the Voluntary Placement and Family Services Act is enacted to read: "DEPARTMENT DUTIES--RULEMAKING.--The department shall promulgate rules as necessary to implement the provisions of the Voluntary Placement and Family Services Act." Chapter 90 Section 20 Laws 2023 SECTION 20. Section 32A-4-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 96, as amended) is amended to read: "32A-4-2. DEFINITIONS.--As used in the Abuse and Neglect Act: A. "abandonment" includes instances when the parent, without justifiable cause: (1) left the child without provision for the child's identification for a period of fourteen days; or (2) left the child with others, including the other parent or an agency, without provision for support and without communication for a period of: (a) three months if the child was under six years of age at the commencement of the three-month period; or (b) six months if the child was over six years of age at the commencement of the six-month period; B. "abused child" means a child: (1) who has suffered or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian or custodian; (2) who has suffered physical abuse, emotional abuse or psychological abuse inflicted or caused by the child's parent, guardian or custodian; (3) who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian or custodian;

(4) whose parent, guardian or custodian has knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health; or (5) whose parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child; C. "aggravated circumstances" includes those circumstances in which the parent, guardian or custodian has: (1) attempted, conspired to cause or caused great bodily harm to the child or great bodily harm or death to the child's sibling; (2) attempted, conspired to cause or caused great bodily harm or death to another parent, guardian or custodian of the child; (3) attempted, conspired to subject or has subjected the child to torture, chronic abuse or sexual abuse; or (4) had parental rights over a sibling of the child terminated involuntarily; D. "educational decision maker" means an individual appointed by the children's court to attend school meetings and to make decisions about the child's education that a parent could make under law, including decisions about the child's educational setting, and the development and implementation of an individual education plan for the child; E. "fictive kin" means a person not related by birth, adoption or marriage with whom a child has an emotionally significant relationship; F. "great bodily harm" means an injury to a person that creates a high probability of death, that causes serious disfigurement or that results in permanent or protracted loss or impairment of the function of a member or organ of the body; G. "neglected child" means a child: (1) who has been abandoned by the child's parent, guardian or custodian; (2) who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;

(3) who has been physically or sexually abused, when the child's parent, guardian or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm; (4) whose parent, guardian or custodian is unable to discharge that person's responsibilities to and for the child because of incarceration, hospitalization or physical or mental disorder or incapacity; or (5) who has been placed for care or adoption in violation of the law; provided that nothing in the Children's Code shall be construed to imply that a child who is being provided with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is for that reason alone a neglected child within the meaning of the Children's Code; and further provided that no child shall be denied the protection afforded to all children under the Children's Code; H. "physical abuse" includes any case in which the child suffers strangulation or suffocation and any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and: (1) there is not a justifiable explanation for the condition or death; (2) the explanation given for the condition is at variance with the degree or nature of the condition; (3) the explanation given for the death is at variance with the nature of the death; or (4) circumstances indicate that the condition or death may not be the product of an accidental occurrence; I. "relative" means a person related to another person by birth, adoption or marriage within the fifth degree of consanguinity; J. "sexual abuse" includes criminal sexual contact, incest or criminal sexual penetration, as those acts are defined by state law; K. "sexual exploitation" includes: (1) allowing, permitting or encouraging a child to engage in prostitution; (2) allowing, permitting, encouraging or engaging a child in obscene or pornographic photographing; or

(3) filming or depicting a child for obscene or pornographic commercial purposes, as those acts are defined by state law; L. "sibling" means a brother or sister having one or both parents in common by birth or adoption; M. "strangulation" has the same meaning as set forth in Section 30-3-11 NMSA 1978; N. "suffocation" has the same meaning as set forth in Section 30-3-11 NMSA 1978; and O. "transition plan" means an individualized written plan for a child, based on the unique needs of the child, that outlines all appropriate services to be provided to the child to increase independent living skills. The plan shall also include responsibilities of the child, and any other party as appropriate, to enable the child to be self-sufficient upon emancipation." Chapter 90 Section 21 Laws 2023 SECTION 21. Section 32A-28-2 NMSA 1978 (being Laws 2022, Chapter 41, Section 2) is amended to read: "32A-28-2. DEFINITIONS.--As used in the Indian Family Protection Act: A. "active efforts" means efforts that are affirmative, active, thorough and timely and that represent a higher standard of conduct than reasonable efforts; B. "adoptive placement" means a permanent placement of an Indian child for adoption, including an action resulting in a final decree of adoption; C. "child custody proceeding" means an action for foster care placement, termination of parental rights, permanent guardianship or adoptive placement or an action pursuant to Section 32A-3A-8 NMSA 1978 or the Family in Need of Court- Ordered Services Act and includes investigations and other preliminary activities preceding the formal initiation of an action, but does not include: (1) delinquency proceedings; and (2) custodial proceedings or kinship guardianships pursuant to Chapter 40 NMSA 1978; D. "cultural compact" means an agreement that documents how an Indian child placed in an adoptive or guardianship home will continue to actively participate in the child's cultural learning and activities and that is entered into among:

(1) the adoptive parents or guardians of the Indian child, which parents or guardians are not members of the Indian child's tribe; and (2) the Indian child's tribe; E. "discussion with an Indian tribe" means documented good faith efforts to actively communicate and work with an Indian tribe; F. "extended family member" means a person who is defined to be an extended family member by law or custom of an Indian child's tribe or, in the absence of such law or custom, means a person who is eighteen years of age or older and who is an Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in- law, niece or nephew, first or second cousin, stepparent or godparent; G. "fictive kin" means a person: (1) who is not a relative or an extended family member of an Indian child and who has a significant, family-like relationship with the child or the child's family, which relationship existed prior to the child's entry into foster care; (2) who meets the definition of "fictive kin" as established by an Indian child's tribe's law, custom or tradition; or (3) chosen by an Indian child who is fourteen years of age or older, regardless of when the relationship between the person and the Indian child was established, when it is in the best interest of the child to identify that person as fictive kin; and H. "foster care placement" means: (1) an action pursuant to the Abuse and Neglect Act removing an Indian child from the child's parent, guardian or Indian custodian for temporary placement in a foster home or institution or the home of a guardian where the parent or Indian custodian cannot have the child returned upon demand, but in which parental rights have not been terminated; or (2) the temporary placement of an Indian child in foster care pursuant to a voluntary agreement entered into between a parent, guardian or Indian custodian and the department pursuant to the Voluntary Placement and Family Services Act." Chapter 90 Section 22 Laws 2023 SECTION 22. Section 40-10B-3 NMSA 1978 (being Laws 2001, Chapter 167, Section 3, as amended) is amended to read: "40-10B-3. DEFINITIONS.--As used in the Kinship Guardianship Act:

A. "caregiver" means an adult, who is not a parent of a child, with whom a child resides and who provides that child with the care, maintenance and supervision consistent with the duties and responsibilities of a parent of the child; B. "child" means an individual who is a minor; C. "department" means the children, youth and families department; D. "guardian" means a person appointed as a guardian by a court or Indian tribal authority; E. "Indian" means, whether an adult or child, a person who is: (1) a member of an Indian tribe; or (2) eligible for membership in an Indian tribe; F. "Indian child" means an Indian person, or a person whom there is reason to know is an Indian person, under eighteen years of age, who is neither: (1) married; or (2) emancipated; G. "Indian child's tribe" means: (1) the Indian tribe in which an Indian child is a member or eligible for membership; or (2) in the case of an Indian child who is a member or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has more significant contacts; H. "Indian custodian" means an Indian who, pursuant to tribal law or custom or pursuant to state law: (1) is an adult with legal custody of an Indian child; or (2) has been transferred temporary physical care, custody and control by the parent of the Indian child; I. "Indian tribe" means an Indian nation, tribe, pueblo or other band, organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians, including an Alaska native village as defined in 43 U.S.C. Section 1602(c) or a regional corporation as defined in 43 U.S.C. Section 1606. For the purposes of notification to

and communication with a tribe as required in the Indian Family Protection Act, "Indian tribe" also includes those tribal officials and staff who are responsible for child welfare and social services matters; J. "kinship" means the relationship that exists between a child and a relative of the child, a godparent, a member of the child's tribe or clan or an adult with whom the child has a significant bond; K. "parent" means a biological or adoptive parent of a child whose parental rights have not been terminated and includes an individual identified as a parent under the New Mexico Uniform Parentage Act; and L. "relative" means an individual related to a child as a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin or any person denoted by the prefix "grand" or "great", or the spouse or former spouse of the persons specified." Chapter 90 Section 23 Laws 2023 SECTION 23. Section 40-10B-5 NMSA 1978 (being Laws 2001, Chapter 167, Section 5, as amended) is amended to read: "40-10B-5. PETITION--WHO MAY FILE--CONTENTS.-- A. A petition seeking the appointment of a guardian pursuant to the Kinship Guardianship Act may be filed only by: (1) a kinship caregiver; (2) a caregiver, who has reached the age of twenty-one, with whom no kinship with the child exists who has been nominated to be guardian of the child by the child, and the child has reached the age of fourteen; (3) a caregiver designated formally or informally by a parent in writing if the designation indicates on its face that the parent signing understands: (a) the purpose and effect of the guardianship; (b) that the parent has the right to be served with the petition and notices of hearings in the action; and (c) that the parent may appear in court to contest the guardianship; or (4) a caregiver with whom the department has placed the child pursuant to the Children's Code.

B. A petition seeking the appointment of a guardian shall be verified by the petitioner and allege the following with respect to the child: (1) facts that, if proved, will meet the requirements of Subsection B of Section 40-10B-8 NMSA 1978; (2) the date and place of birth of the child, if known, and if not known, the reason for the lack of knowledge; (3) the legal residence of the child and the place where the child resides, if different from the legal residence; (4) the name and address of the petitioner; (5) the kinship, if any, between the petitioner and the child; (6) the names and addresses of the parents of the child; (7) the names and addresses of persons having legal custody of the child; (8) the existence of any matters pending involving the custody of the child; (9) a statement that the petitioner agrees to accept the duties and responsibilities of guardianship; (10) the existence of any matters pending pursuant to the provisions of Chapter 32A, Article 4 NMSA 1978 and, if so, a statement that the department consents to the relief requested in the petition; (11) whether the child is an Indian child or there is reason to know that the child is an Indian child, and subject to provisions of the Indian Family Protection Act and, if so: (a) the Indian child's tribe; (b) the tribal affiliations of the Indian child's parents; and (c) active efforts made to comply with the notice requirements pursuant to the Indian Family Protection Act, including results of the contact and the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the Indian child's tribe shall be attached as exhibits to the petition; and (12) other facts in support of the guardianship sought."

Chapter 90 Section 24 Laws 2023 SECTION 24. Section 40-10B-6 NMSA 1978 (being Laws 2001, Chapter 167, Section 6, as amended) is amended to read: "40-10B-6. SERVICE OF PETITION--NOTICE--PARTIES.-- A. The court shall set a date for hearing on the petition, which date shall be no less than thirty and no more than ninety days from the date of filing the petition. B. The petition and a notice of the hearing shall be served upon: (1) the department if there is any pending matter relating to the child pursuant to the provisions of the Children's Code; (2) the child if the child has reached the age of fourteen; (3) the parents of the child; (4) a person having custody of the child or visitation rights pursuant to a court order; and (5) if the child is an Indian child or there is reason to know the child is an Indian child subject to the provisions of the Indian Family Protection Act, the appropriate Indian tribe and any "Indian custodian", together with a notice of pendency of the guardianship proceedings, pursuant to the provisions of the Indian Family Protection Act. C. Service of process required by Subsection A of this section shall be made in accordance with the requirements for giving notice of a hearing pursuant to Subsection A of Section 45-1-401 NMSA 1978. D. The persons required to be served pursuant to Subsection B of this section have a right to file a response as parties to this action. Other persons may intervene pursuant to Rule 1-024 NMRA." Chapter 90 Section 25 Laws 2023 SECTION 25. Section 40-10B-7 NMSA 1978 (being Laws 2001, Chapter 167, Section 7) is amended to read: "40-10B-7. TEMPORARY GUARDIANSHIP PENDING HEARING.-- A. After the filing of the petition, upon motion of the petitioner or a person required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978, or upon its own motion, the court may appoint a temporary guardian to serve for not more

than one hundred eighty days or until the case is decided on the merits, whichever occurs first. B. A motion for temporary guardianship shall be heard within twenty days of the date the motion is filed. The motion and notice of hearing shall be served on all persons required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978. C. An order pursuant to Subsection A of this section may be entered ex parte upon good cause shown. If the order is entered ex parte, a copy of the order shall be served on the persons required to be served pursuant to Subsection B of Section 40- 10B-6 NMSA 1978. If a person files an objection to the order, the court immediately shall schedule a hearing to be held within ten days of the date the objection is filed. Notice of the hearing shall be given to the petitioner and all persons required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978." Chapter 90 Section 26 Laws 2023 SECTION 26. Section 40-10B-8 NMSA 1978 (being Laws 2001, Chapter 167, Section 8, as amended) is amended to read: "40-10B-8. HEARING--ELEMENTS OF PROOF--BURDEN OF PROOF-- JUDGMENT--CHILD SUPPORT.-- A. Upon hearing, if the court finds that a qualified person seeks appointment, the venue is proper, the required notices have been given, the requirements of Subsection B of this section have been proved and the best interests of the minor will be served by the requested appointment, it shall make the appointment. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will serve the best interests of the minor. B. A guardian may be appointed pursuant to the Kinship Guardianship Act only if: (1) a parent of the child is living and has consented in writing to the appointment of a guardian and the consent has not been withdrawn; (2) a parent of the child is living but all parental rights in regard to the child have been terminated or suspended by prior court order; or (3) the child has resided with the petitioner without the parent for a period of ninety days or more immediately preceding the date the petition is filed and a parent having legal custody of the child is currently unwilling or unable to provide adequate care, maintenance and supervision for the child or there are extraordinary circumstances; and

(4) no guardian of the child is currently appointed pursuant to a provision of the Uniform Probate Code. C. The burden of proof shall be by clear and convincing evidence. D. As part of a judgment entered pursuant to the Kinship Guardianship Act, the court may order a parent to pay the reasonable costs of support and maintenance of the child that the parent is financially able to pay. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment. E. The court may order visitation between a parent and child to maintain or rebuild a parent-child relationship if the visitation is in the best interests of the child." Chapter 90 Section 27 Laws 2023 SECTION 27. Section 40-10B-11 NMSA 1978 (being Laws 2001, Chapter 167, Section 11) is amended to read: "40-10B-11. NOMINATION OBJECTION BY CHILD.--In a proceeding for appointment of a guardian pursuant to the Kinship Guardianship Act: A. the court shall appoint a person nominated by a child who has reached the age of fourteen unless the court finds the nomination contrary to the best interests of the child; and B. the court shall not appoint a person as guardian if a child who has reached the age of fourteen files a written objection in the proceeding before the person accepts appointment as guardian unless the court makes a specific finding that it is in the best interest of the child." Chapter 90 Section 28 Laws 2023 SECTION 28. Section 40-10B-12 NMSA 1978 (being Laws 2001, Chapter 167, Section 12) is amended to read: "40-10B-12. REVOCATION OF GUARDIANSHIP.-- A. Any person, including a child who has reached the age of fourteen, may move for revocation of a guardianship created pursuant to the Kinship Guardianship Act. The person requesting revocation shall attach to the motion a transition plan proposed to facilitate the reintegration of the child into the home of a parent or a new guardian. A transition plan shall take into consideration the child's age, development and any bond with the guardian.

B. If the court finds that a preponderance of the evidence proves a change in circumstances and the revocation is in the best interests of the child, it shall grant the motion and: (1) adopt a transition plan proposed by a party or the guardian ad litem; (2) propose and adopt its own transition plan; or (3) order the parties to develop a transition plan by consensus if they will agree to do so." Chapter 90 Section 29 Laws 2023 SECTION 29. REPEAL.--Sections 32A-3A-9 and 40-10B-16 through 40-10B-21 NMSA 1978 (being Laws 1993, Chapter 77, Section 71 and Laws 2020, Chapter 51, Sections 4 through 9) are repealed. Chapter 90 Section 30 Laws 2023 SECTION 30. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 91 SJC/Senate Bill 35 Approved April 4, 2023 AN ACT RELATING TO ANESTHESIOLOGIST ASSISTANTS; REVISING PRACTICE REQUIREMENTS AND EMPLOYMENT CONDITIONS; INCREASING THE NUMBER OF ANESTHESIOLOGIST ASSISTANTS THAT AN ANESTHESIOLOGIST MAY SUPERVISE; REQUIRING IN-PERSON SUPERVISION; REPEALING LAWS 2015, CHAPTER 52, SECTION 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 91 Section 1 Laws 2023 SECTION 1. That version of Section 61-6D-2 NMSA 1978 (being Laws 2015, Chapter 52, Section 4, as amended) that is to become effective July 1, 2025 is amended to read: "61-6D-2. DEFINITIONS.--As used in the Anesthesiologist Assistants Act:

A. "anesthesiologist" means a physician licensed to practice medicine in New Mexico who has successfully completed an accredited anesthesiology graduate medical education program, who is board certified by the American board of anesthesiology, the American osteopathic board of anesthesiology or is board eligible, who has completed a residency in anesthesiology within the last three years or who has foreign certification determined by the board to be the substantial equivalent and who is an employee of the department of anesthesiology of a medical school in New Mexico; B. "anesthesiologist assistant" means a skilled person licensed by the board as being qualified by academic and practical training to assist an anesthesiologist in developing and implementing anesthesia care plans for patients under the supervision and direction of the anesthesiologist who is responsible for the performance of that anesthesiologist assistant; C. "applicant" means a person who is applying to the board for a license as an anesthesiologist assistant; D. "board" means the New Mexico medical board; and E. "license" means an authorization to practice as an anesthesiologist assistant." Chapter 91 Section 2 Laws 2023 SECTION 2. Section 61-6D-8 NMSA 1978 (being Laws 2001, Chapter 311, Section 9, as amended) is amended to read: "61-6D-8. RULES.-- A. The board may adopt in accordance with the State Rules Act and enforce in accordance with the Uniform Licensing Act reasonable rules: (1) for setting qualifications of education, skill and experience for licensure of a person as an anesthesiologist assistant; (2) for providing procedures and forms for licensure and annual registration; (3) for examining and evaluating applicants for licensure as an anesthesiologist assistant regarding the required skill, knowledge and experience in developing and implementing anesthesia care plans under supervision; (4) for allowing a supervising anesthesiologist to temporarily delegate supervisory responsibilities for an anesthesiologist assistant to another anesthesiologist;

(5) for allowing an anesthesiologist assistant to temporarily serve under the supervision of an anesthesiologist other than the supervising anesthesiologist with whom the anesthesiologist assistant is registered; and (6) to carry out the provisions of the Anesthesiologist Assistants Act. B. The board shall not adopt a rule allowing an anesthesiologist assistant to perform procedures outside the anesthesiologist assistant's scope of practice. C. The board shall adopt rules: (1) establishing requirements for anesthesiologist assistant licensing, including: (a) completion of a graduate level training program accredited by the commission on accreditation of allied health education programs; (b) successful completion of a certifying examination for anesthesiologist assistants administered by the national commission for the certification of anesthesiologist assistants; and (c) current certification by the American heart association in advanced cardiac life-support techniques; (2) establishing minimum requirements for continuing education of not less than forty hours every two years; (3) requiring adequate identification of the anesthesiologist assistant to patients and others; (4) requiring the presence, except in cases of emergency, and the documentation of the presence, of the supervising anesthesiologist in the operating room during induction of a general anesthetic and during emergence from a general anesthetic, the presence of the supervising anesthesiologist within the operating suite and immediate availability to the operating room at other times when the anesthetic procedure is being performed and requiring that the anesthesiologist assistant comply with the above restrictions; (5) requiring the supervising anesthesiologist to ensure that all activities, functions, services and treatment measures are properly documented in written form by the anesthesiologist assistant. The anesthesia record shall be reviewed, countersigned and dated by the supervising anesthesiologist; (6) requiring the anesthesiologist assistant to inform the supervising anesthesiologist of serious adverse events;

(7) establishing that the number of anesthesiologist assistants a supervising anesthesiologist may supervise at one time, except in emergency cases, shall not exceed four anesthesiologist assistants; and (8) within twelve months of the date on which the Anesthesiologist Assistants Act becomes effective, providing for enhanced supervision at the commencement of an anesthesiologist assistant's practice." Chapter 91 Section 3 Laws 2023 SECTION 3. Section 61-6D-10 NMSA 1978 (being Laws 2015, Chapter 52, Section 3, as amended) is amended to read: "61-6D-10. ANESTHESIOLOGIST ASSISTANTS--EMPLOYMENT CONDITIONS.--An anesthesiologist assistant shall: A. be a current or future employee of a university in New Mexico with a medical school; or B. in a practice other than one at a university in New Mexico with a medical school: (1) be certified as an anesthesiologist assistant by the national commission for certification of anesthesiologist assistants; (2) practice only in a health facility licensed by the department of health where anesthesiologists who are licensed physicians and who are board-certified as anesthesiologists by the American board of anesthesiology are on staff as employees or contractors; (3) practice only in a class A county; and (4) be supervised by a licensed anesthesiologist who is physically present at all times in the health facility while supervising an anesthesiologist assistant." Chapter 91 Section 4 Laws 2023 SECTION 4. REPEAL.--Laws 2015, Chapter 52, Section 5 is repealed. LAWS 2023, CHAPTER 92 SJC/Senate Bill 41 Approved April 4, 2023 AN ACT

RELATING TO TELECOMMUNICATIONS; AMENDING SECTIONS OF THE NEW MEXICO TELECOMMUNICATIONS ACT; REQUIRING THAT INCUMBENT LOCAL EXCHANGE CARRIERS THAT SERVE FIFTY THOUSAND OR MORE ACCESS LINES BE REGULATED IN THE SAME MANNER AS INCUMBENT RURAL TELECOMMUNICATIONS CARRIERS IN MOST CASES; ESTABLISHING THAT EFFECTIVE COMPETITION EXISTS IN A WIRE CENTER SERVING AREA WHEN VOICE SERVICES ARE PROVIDED TO THE AREA BY TWO OR MORE ALTERNATE PROVIDERS; PROVIDING DEFINITIONS; REQUIRING THE PUBLIC REGULATION COMMISSION TO REPORT THE STEPS TAKEN TO ACHIEVE REGULATORY PARITY AMONG CARRIERS; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 92 Section 1 Laws 2023 SECTION 1. Section 63-9A-3 NMSA 1978 (being Laws 1985, Chapter 242, Section 3, as amended) is amended to read: "63-9A-3. DEFINITIONS.--As used in the New Mexico Telecommunications Act: A. "affordable rates" means local exchange service rates that promote universal service within a local exchange area, giving consideration to the economic conditions and costs to provide service in such area; B. "alternate provider" means a person that provides voice services, regardless of the technology used. Such providers are not limited to telecommunications companies and include cellular service companies, satellite companies and companies that provide service using an interconnected voice-over- internet protocol; C. "cable television service" means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, that is required for the selection of such video programming or other programming service; D. "commission" means the public regulation commission; E. "competitive telecommunications service" means a service that has been determined to be subject to effective competition pursuant to Section 63-9A-8 NMSA 1978; F. "competitive telecommunications service provider" includes competitive carriers holding certificates of public convenience and necessity issued by the

commission pursuant to laws and regulations, including, without limitation, Section 63- 9A-6 NMSA 1978; G. "effective competition" means the competition that results from the customers of the service having reasonably available and comparable alternatives to the service, consistent with the standards set forth in Section 63-9A-8 NMSA 1978; H. "fund" means the state rural universal service fund; I. "incumbent local exchange carrier" means a person that: (1) was designated as an eligible telecommunications carrier by the state corporation commission in Docket #97-93-TC by order dated October 23, 1997 or that provided local exchange service in New Mexico on February 8, 1996; or (2) became a successor or assignee of an incumbent local exchange carrier; J. "incumbent rural telecommunications carrier" means an incumbent local exchange carrier that serves fewer than fifty thousand access lines within the state and has been designated as an eligible telecommunications company by the state corporation commission or the public regulation commission; K. "local exchange area" means a geographic area encompassing one or more local communities, as described in maps, tariffs or rate schedules filed with the commission, where local exchange rates apply; L. "local exchange service" means the transmission of two-way interactive switched voice communications furnished by a telecommunications company within a local exchange area; M. "message telecommunications service" means telecommunications service between local exchange areas within the state for which charges are made on a per-unit basis, not including wide-area telecommunications service, or its equivalent, or individually negotiated contracts for telecommunications services; N. "noncompetitive telecommunications service" means a service that has not been determined to be subject to effective competition pursuant to Section 63-9A-8 NMSA 1978; O. "person" means a natural person, individual, corporation, association, partnership or any other legal entity; P. "private telecommunications service" means a system, including the construction, maintenance or operation thereof, for the provision of telecommunications service, or any portion of that service, by a person for the sole and exclusive use of that

person and not for resale, directly or indirectly. For purposes of this definition, the person that may use such service includes any affiliates of the person if at least eighty percent of the assets or voting stock of the affiliates is owned by the person. If any other person uses the telecommunications service, whether for hire or not, the private telecommunications service is a public telecommunications service; Q. "public telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means originating and terminating in this state regardless of actual call routing. "Public telecommunications service" does not include the provision of terminal equipment used to originate or terminate such service; private telecommunications service; broadcast transmissions by radio, television and satellite broadcast stations regulated by the federal communications commission; radio common carrier services, including mobile telephone service and radio paging; or one- way cable television service; R. "telecommunications company" means a person that provides public telecommunications service; S. "voice services" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, light waves or other electromagnetic means, including those voice services provided by incumbent local exchange carriers, competitive telecommunications service providers, mobile wireless providers and interconnected voice-over-internet protocol service providers; T. "wire center" means a facility where local exchange access lines converge and are connected to a switching device that provides access to the public switched network and includes remote switching units and host switching units; and U. "wire center serving area" means the geographic area of a local exchange area served by a single wire center." Chapter 92 Section 2 Laws 2023 SECTION 2. Section 63-9A-5 NMSA 1978 (being Laws 1985, Chapter 242, Section 5, as amended) is amended to read: "63-9A-5. REGULATION BY COMMISSION.-- A. Except as otherwise provided in the New Mexico Telecommunications Act, each public telecommunications service is declared to be affected with the public interest and, as such, subject to the provisions of that act, including the regulation thereof as provided in that act.

B. Except in cases regarding the fixing of rates pursuant to Section 63-7-1.1 NMSA 1978, the commission has exclusive jurisdiction to regulate incumbent local exchange carriers that serve fifty thousand or more access lines within the state to the extent authorized by the New Mexico Telecommunications Act; provided that: (1) the commission's jurisdiction includes the regulation of wholesale rates, including access charges and interconnection agreements consistent with federal law and its enforcement and determinations of participation in low-income telephone service assistance programs pursuant to the Low Income Telephone Service Assistance Act; and (2) incumbent local exchange carriers regulated pursuant to this section shall be regulated in the same manner as incumbent rural telecommunications carriers are regulated pursuant to the Rural Telecommunications Act of New Mexico. C. Any rules adopted by the commission for the regulation of incumbent local exchange carriers pursuant to the New Mexico Telecommunications Act shall preserve and not alter: (1) the rights and obligations of any entity, including the commission, established pursuant to federal law, including 47 U.S.C. Sections 251 and 252, or established pursuant to any state law, rule, procedure, regulation or order related to interconnection, intercarrier compensation, intercarrier complaints, wholesale rights and obligations or any wholesale rate or schedule that is filed with and maintained by the commission; (2) the rights and obligations of any competitive telecommunications service provider holding a certificate of public convenience and necessity, or the rights and obligations of any competitive carrier to obtain such a certificate; (3) the authority of the commission to resolve consumer complaints regarding basic local exchange service; provided, however, that the commission's authority to resolve such complaints shall be limited to resolving issues of consumer protection and shall not include the authority to determine or fix rates, provider of last resort obligations or service quality standards except as expressly set forth in the New Mexico Telecommunications Act; (4) the authority of the commission to establish reasonable quality of service standards; provided, however, that the enforcement of such standards shall be limited to the commission's fining authority set forth in Section 63-7-23 NMSA 1978 and the authority to seek an injunction set forth in Section 63-9-19 NMSA 1978; (5) the rights and obligations of any entity, including the commission, regarding the fund;

(6) the rights and obligations of any entity, including the commission, regarding access to emergency service to the extent consistent with the Enhanced 911 Act; or (7) the rights and obligations of any entity, including the commission, regarding the administration of slamming and cramming rules, telecommunications relay service and numbering resources to the extent permitted by and consistent with federal law. D. The provisions of the New Mexico Telecommunications Act do not apply to incumbent rural telecommunications carriers." Chapter 92 Section 3 Laws 2023 SECTION 3. Section 63-9A-8 NMSA 1978 (being Laws 1985, Chapter 242, Section 8, as amended) is amended to read: "63-9A-8. REGULATION OF RATES AND CHARGES--EFFECTIVE COMPETITION.-- A. In accordance with the policy established in the New Mexico Telecommunications Act, the commission shall, by its own motion or upon petition by any interested party, determine if a wire center serving area is subject to effective competition. When the commission has made a determination that a wire center serving area is subject to effective competition, the commission shall, consistent with the purposes of the New Mexico Telecommunications Act, eliminate rules, regulations and other requirements applicable to the provision of telecommunications services within that wire center serving area. The commission's action shall include the detariffing of service and may include the establishment of minimum rates that will cover the costs for the service. Such action shall be consistent with the maintenance of the availability of access to local exchange service and message telecommunications service at affordable rates comparable in both urban and rural markets as established by the commission, except that volume discounts or other discounts based on reasonable business purposes shall be permitted. The commission shall also modify the same or similar retail regulatory requirements for those providers of comparable public telecommunications services in the same relevant markets so that there shall be parity of retail regulatory standards and requirements for all such providers; provided, however, that this subsection shall not be construed to permit the adoption of any new regulatory requirements or standards for providers of comparable telecommunications services. B. Effective competition pursuant to the New Mexico Telecommunications Act shall exist in a wire center serving area when voice services are available to business customers from two or more alternate providers not affiliated with the incumbent local exchange carrier in the wire center serving area and are available to residential

customers from two or more alternate providers not affiliated with the incumbent local exchange carrier in the wire center serving area, regardless of: (1) the technology used to provide the voice services; (2) whether the voice services are regulated or unregulated; or (3) whether the voice services are provided by alternate providers that receive state or federal funding assistance. C. In addition to establishment of effective competition pursuant to Subsection B of this section and upon notice to the commission, when an alternate provider other than the incumbent local exchange carrier has been awarded funding to provide broadband service within a wire center serving area pursuant to a state or federal broadband assistance or deployment program, effective competition for all regulated telecommunications services in that wire center serving area shall exist. D. No provider of public telecommunications service may use current revenues earned or expenses incurred in conjunction with any noncompetitive service to subsidize competitive public telecommunications services. In order to avoid cross- subsidization of competitive services by noncompetitive telecommunications services, prices or rates charged for a competitive telecommunications service shall cover the cost for the provision of the service consistent with the provisions of Subsection G of Section 63-9A-8.1 NMSA 1978. In any proceeding held pursuant to this section, the party claiming that the price for a competitive telecommunications service does not cover the cost shall bear the burden of proving that the prices charged for competitive telecommunications services do not cover cost; provided, however, that the commission may require the telecommunications company against whom the complaint is filed to submit a cost study for the service that is the subject of the complaint as part of its examination and determination of the complaint. E. The commission may, upon its own motion or on the petition of an interested party and after notice to all interested parties and customers and a hearing, reclassify any service previously determined to be a competitive telecommunications service if after a hearing the commission finds that a service is not subject to effective competition. F. If a wire center serving area is deregulated pursuant to a determination of effective competition, for those wire center serving areas where that service is deregulated, the petitioning telecommunications company shall no longer be eligible to claim an exemption from the application of the Unfair Practices Act or the Antitrust Act." Chapter 92 Section 4 Laws 2023 SECTION 4. Section 63-9A-21 NMSA 1978 (being Laws 2017, Chapter 71, Section 7) is amended to read:

"63-9A-21. COMMISSION REVIEW OF IMPACTS.-- A. The commission shall review the impact of provisions of the New Mexico Telecommunications Act on residential and business consumers in urban and rural areas of the state every three years, the first review to be completed by July 31, 2019, and shall report its findings to the legislature. The review shall: (1) investigate the impact on rates, service quality, incumbent local exchange carrier employment, investment in telecommunications infrastructure and the availability and deployment of high speed data services; (2) report on the wire center serving areas that have been deemed to have effective competition and any wire centers no longer subject to carrier of last resort obligations; and (3) specify the steps the commission has taken to implement parity of regulation among all incumbent local exchange carriers consistent with the provisions of the New Mexico Telecommunications Act. B. For any wire center serving an area deregulated pursuant to the provisions of Section 63-9A-8 NMSA 1978, if the commission finds that reregulation of basic local exchange service is necessary to protect the public interest following a hearing and findings of fact and conclusions of law, after July 31, 2023, the commission shall regulate basic local exchange service pursuant to the New Mexico Telecommunications Act." Chapter 92 Section 5 Laws 2023 SECTION 5. REPEAL.--Section 63-9A-2 NMSA 1978 (being Laws 1985, Chapter 242, Section 2, as amended) is repealed. Chapter 92 Section 6 Laws 2023 SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 93 SJC/Senate Bill 69 Approved April 4, 2023 AN ACT RELATING TO TRANSPORTATION; AMENDING THE CHILD HELMET SAFETY ACT; DEFINING "ELECTRIC-ASSISTED BICYCLE"; PROVIDING STANDARDS FOR THE

REGULATION AND USE OF ELECTRIC-ASSISTED BICYCLES; AMENDING AND ENACTING SECTIONS OF THE MOTOR VEHICLE CODE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 93 Section 1 Laws 2023 SECTION 1. Section 32A-24-2 NMSA 1978 (being Laws 2007, Chapter 66, Section 2) is amended to read: "32A-24-2. DEFINITIONS.--As used in the Child Helmet Safety Act: A. "bicycle" means a human-powered vehicle with two wheels in tandem designed to transport, by the act of pedaling, one or more persons seated on one or more saddle seats on its frame and includes an electric-assisted bicycle and a human- powered vehicle designed to transport by the act of pedaling, which has more than two wheels when the vehicle is used on a public roadway, public bicycle path or other public road or right of way, including a tricycle; B. "electric-assisted bicycle" means a bicycle with fully operable pedals and an electric motor not exceeding seven hundred fifty watts of power; C. "minor" means a person under eighteen years of age; D. "operator" means a person under eighteen years of age who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle, or who propels the person's self by way of using inline skates, roller skates, a skateboard or a scooter; E. "passenger" means a person under eighteen years of age who travels on a bicycle or scooter in any manner except as an operator; F. "protective helmet" means a piece of headgear that meets or exceeds the impact standard for protective helmets set by the United States consumer product safety commission federal safety standard and those standards developed by the American national standards institute, the Snell memorial foundation or the American society for testing and materials; G. "public bicycle path" means a right of way under the jurisdiction and control of the state or a local political subdivision for use primarily by bicyclists and pedestrians; H. "public roadway" means a right of way under the jurisdiction and control of the state or a local political subdivision for use primarily by motor vehicular traffic;

I. "public skateboard park" means an area of public property set aside, designed and maintained for recreation by persons using bicycles, scooters, skateboards or skates; J. "scooter" means a wheeled vehicle, regardless of the number or placement of those wheels, that has handlebars, designed to be stood on by the operator or passenger and used to glide or propel the operator or passenger over the ground; K. "skateboard" means a set of wheels attached to a platform or flat surface, regardless of the number or placement of those wheels, and used to glide or propel the operator over the ground; and L. "skates" means a pair of devices worn on the feet with a set of wheels attached and used to glide or propel the user over the ground and may be either inline or roller, but "skates" does not include a pair of devices, similar to a pair of common shoes, that has one or more wheels embedded in the sole of each device." Chapter 93 Section 2 Laws 2023 SECTION 2. Section 66-1-4.5 NMSA 1978 (being Laws 1990, Chapter 120, Section 6, as amended) is amended to read: "66-1-4.5. DEFINITIONS.--As used in the Motor Vehicle Code: A. "electric-assisted bicycle" means a vehicle having two or three wheels, fully operable pedals and an electric motor. Electric-assisted bicycles are classified as follows: (1) "class 1 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour; (2) "class 2 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour; and (3) "class 3 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour; B. "electric mobility device" means a two- or three-wheel vehicle with an electric motor for propulsion that does not meet the definition of an electric-assisted

bicycle and is capable of exceeding a speed of twenty miles per hour on motor power alone; C. "electric personal assistive mobility device" means a self-balancing device having two nontandem wheels designed to transport a single person by means of an electric propulsion system with an average power of one horsepower and with a maximum speed on a paved level surface of less than twenty miles per hour when powered solely by its propulsion system and while being ridden by an operator who weighs one hundred seventy pounds; D. "essential parts" means all integral and body parts of a vehicle of a type required to be registered by the provisions of the Motor Vehicle Code, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation; E. "established place of business", for a dealer or auto recycler, means a place: (1) devoted exclusively to the business for which the dealer or auto recycler is licensed and related business; (2) identified by a prominently displayed sign giving the dealer's or auto recycler's trade name used by the business; (3) of sufficient size or space to permit the display of one or more vehicles or to permit the parking or storing of vehicles to be dismantled or wrecked for recycling; (4) on which there is located an enclosed building on a permanent foundation, which building meets the building requirements of the community and is large enough to accommodate the office or offices of the dealer or auto recycler and large enough to provide a safe place to keep the books and records of the dealer or auto recycler; (5) where the principal portion of the business of the dealer or auto recycler is conducted and where the books and records of the business are kept and maintained; and (6) where vehicle sales are of new vehicles only, such as a department store or a franchisee of a department store, as long as the department store or franchisee keeps the books and records of its vehicle business in a general office location at its place of business; as used in this paragraph, "department store" means a business that offers a variety of merchandise other than vehicles, and sales of the merchandise other than vehicles constitute at least eighty percent of the gross sales of the business; and

F. "explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb." Chapter 93 Section 3 Laws 2023 SECTION 3. Section 66-1-4.11 NMSA 1978 (being Laws 1990, Chapter 120, Section 12, as amended) is amended to read: "66-1-4.11. DEFINITIONS.--As used in the Motor Vehicle Code: A. "mail" means any item properly addressed with postage prepaid delivered by the United States postal service or any other public or private enterprise primarily engaged in the transport and delivery of letters, packages and other parcels; B. "manufactured home" means a movable or portable housing structure that exceeds either a width of eight feet or a length of forty feet, constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy; C. "manufacturer" means every person engaged in the business of constructing or assembling vehicles of a type required to be registered under the Motor Vehicle Code; D. "manufacturer's certificate of origin" means a certification, on a form supplied by or approved by the department, signed by the manufacturer that the new vehicle or boat described in the certificate has been transferred to the New Mexico dealer or distributor named in the certificate or to a dealer duly licensed or recognized as such in another state, territory or possession of the United States and that such transfer is the first transfer of the vehicle or boat in ordinary trade and commerce; E. "moped" means a two-wheeled or three-wheeled vehicle with an automatic transmission and a motor having a piston displacement of less than fifty cubic centimeters, that is capable of propelling the vehicle at a maximum speed of not more than thirty miles an hour on level ground, at sea level; F. "motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including autocycles and excluding a tractor;

G. "motor home" means a camping body built on a self-propelled motor vehicle chassis so designed that seating for driver and passengers is within the body itself; H. "motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails, including an electric mobility device, but does not include an electric-assisted bicycle; for the purposes of the Mandatory Financial Responsibility Act, "motor vehicle" does not include "special mobile equipment"; and I. "motor vehicle insurance policy" means a policy of vehicle insurance that covers self-propelled vehicles of a kind required to be registered pursuant to New Mexico law for use on the public streets and highways. A "motor vehicle insurance policy": (1) shall include: (a) motor vehicle bodily injury and property damage liability coverages in compliance with the Mandatory Financial Responsibility Act; and (b) uninsured motorist coverage, subject to the provisions of Section 66-5-301 NMSA 1978 permitting the insured to reject such coverage; and (2) may include: (a) physical damage coverage; (b) medical payments coverage; and (c) other coverages that the insured and the insurer agree to include within the policy." Chapter 93 Section 4 Laws 2023 SECTION 4. Section 66-1-4.13 NMSA 1978 (being Laws 1990, Chapter 120, Section 14, as amended) is amended to read: "66-1-4.13. DEFINITIONS.--As used in the Motor Vehicle Code: A. "odometer" means a device for recording the total mileage traveled by a vehicle from the vehicle's manufacture and for so long as the vehicle is operable on the highways; B. "off-highway motor vehicle" means any motor vehicle operated or used exclusively off the highways of this state and that is not legally equipped for operation on the highways of this state, but does not include an electric-assisted bicycle;

C. "official printout" means any record supplied by the division or a similar agency or government entity that indicates the lienholders of record or owners of record of a vehicle or motor vehicle registered within that government's jurisdiction or indicates information about a driver's license or identification card, including traffic violation history or status; D. "official traffic-control devices" means all signs, signals, markings and devices consistent with the Motor Vehicle Code placed or erected, by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic; E. "operational design domain" means the specific conditions under which a given automated driving system or feature of the system is designed to function; F. "operator" means driver, as defined in Section 66-1-4.4 NMSA 1978; and G. "owner" means a person who holds the legal title of a vehicle and may include a conservator, guardian, personal representative, executor or similar fiduciary, or, in the event that a vehicle is the subject of an agreement for conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or, in the event that a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor." Chapter 93 Section 5 Laws 2023 SECTION 5. Section 66-3-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 21, as amended) is amended to read: "66-3-1. VEHICLES SUBJECT TO REGISTRATION--EXCEPTIONS.-- A. With the exception of vehicles identified in Subsection B of this section, every motor vehicle, manufactured home, trailer, semitrailer and pole trailer when driven or moved upon a highway and every off-highway motor vehicle is subject to the registration and certificate of title provisions of the Motor Vehicle Code except: (1) any such vehicle driven or moved upon a highway in conformance with the provisions of the Motor Vehicle Code relating to manufacturers, dealers, lien- holders or nonresidents; (2) any such vehicle that is driven or moved upon a highway only for the purpose of crossing the highway from one property to another; (3) an implement of husbandry that is only incidentally operated or moved upon a highway;

(4) special mobile equipment; (5) a vehicle that is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails; (6) a freight trailer if it is: (a) properly registered in another state; (b) identified by a proper base registration plate that is properly displayed; and (c) identified by other registration documents that are in the possession of the operator and exhibited at the request of a police officer; (7) a freight trailer or utility trailer owned and used by: (a) a nonresident solely for the transportation of farm products purchased by the nonresident from growers or producers of the farm products and transported in the trailer out of the state; (b) a farmer or a rancher who transports to market only the produce, animals or fowl produced by that farmer or rancher or who transports back to the farm or ranch supplies for use thereon; or (c) a person who transports animals to and from fairs, rodeos or other places, except racetracks, where the animals are exhibited or otherwise take part in performances, in trailers drawn by a motor vehicle or truck of less than ten thousand pounds gross vehicle weight rating bearing a proper registration plate, but in no case shall the owner of an unregistered trailer described in this paragraph perform such uses for hire; (8) a moped; (9) an electric personal assistive mobility device; (10) a vehicle moved on a highway by a towing service as defined in Section 59A-50-2 NMSA 1978; (11) an off-highway motor vehicle exempted pursuant to Section 66-3- 1005 NMSA 1978; and (12) an electric-assisted bicycle. B. A certificate of title required pursuant to Subsection A of this section is not required for a vehicle of a type subject to registration owned by:

(1) the government of the United States; or (2) a carrier that is from a jurisdiction that is not a participant in the International Fuel Tax Agreement, that is authorized by the United States government or an agency of the United States government to conduct cross-border operations beyond the commercial border zone pursuant to the provisions of the United States- Mexico-Canada Agreement and that identifies New Mexico as the carrier's base jurisdiction. C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor. A person charged with violating this section shall not be convicted if the person produces, in court, evidence of compliance valid at the time of issuance of the citation." Chapter 93 Section 6 Laws 2023 SECTION 6. A new section of the Motor Vehicle Code, Section 66-3-708 NMSA 1978, is enacted to read: "66-3-708. ELECTRIC-ASSISTED BICYCLES--LABELS--STANDARDS.-- A. Every manufacturer or distributor of new electric-assisted bicycles intended for sale or distribution in New Mexico shall permanently affix to each electric- assisted bicycle, in a prominent location, a label that contains the classification number, top assisted speed and motor wattage of the electric-assisted bicycle. The label shall be printed in arial font in at least nine-point type. B. A person shall not knowingly modify an electric-assisted bicycle so as to change the speed capability or motor engagement of the electric-assisted bicycle without also appropriately replacing, or causing to be replaced, the label indicating the classification required by Subsection A of this section. C. An electric-assisted bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States consumer product safety commission and codified at 16 CFR 1512 or its successor regulation. D. A class 2 electric-assisted bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. Class 1 and class 3 electric-assisted bicycles shall be equipped with a mechanism or circuit that cannot be bypassed and that causes the electric motor to disengage or cease to function when the rider stops pedaling. E. A class 3 electric-assisted bicycle shall be equipped with a speedometer that displays, in miles per hour, the speed that the electric-assisted bicycle is traveling."

Chapter 93 Section 7 Laws 2023 SECTION 7. A new section of the Motor Vehicle Code, Section 66-3-709 NMSA 1978, is enacted to read: "66-3-709. OPERATION OF ELECTRIC-ASSISTED BICYCLES.-- A. A person may ride a class 1 electric-assisted bicycle on a bicycle or pedestrian path where bicycles are authorized to travel; provided that a political subdivision of the state may prohibit the operation of a class 1 electric-assisted bicycle on a bicycle or pedestrian path within its jurisdiction. B. A person shall not ride a class 2 or class 3 electric-assisted bicycle on a bicycle or pedestrian path unless: (1) the path is within a street or highway; or (2) a political subdivision of the state permits the operation of a class 2 or class 3 electric-assisted bicycle on a path under its jurisdiction. C. A person under sixteen years of age shall not operate a class 3 electric- assisted bicycle upon any street, highway or bicycle or pedestrian path, except that a person under sixteen years of age may ride as a passenger on a class 3 electric- assisted bicycle that is designed to accommodate passengers. D. This section does not apply to a trail that is specifically designated as non- motorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. A political subdivision of the state or a state agency having jurisdiction over a trail described in this subsection may regulate the use of an electric-assisted bicycle on that trail." Chapter 93 Section 8 Laws 2023 SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 94 Senate Bill 81 Approved April 4, 2023 AN ACT

RELATING TO IMMUNIZATION; ALLOWING PHYSICIAN ASSISTANTS OR CERTIFIED NURSE PRACTITIONERS TO CERTIFY THAT IMMUNIZATION IS DETRIMENTAL TO THE PHYSICAL CONDITION OF A CHILD. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 94 Section 1 Laws 2023 SECTION 1. Section 24-5-3 NMSA 1978 (being Laws 1959, Chapter 329, Section 3, as amended) is amended to read: "24-5-3. EXEMPTION FROM IMMUNIZATION.-- A. Any minor child through the child's parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws: (1) a certificate of a licensed physician, a physician assistant or a certified nurse practitioner stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child; (2) an affidavit or written affirmation from an officer of a recognized religious denomination that the child's parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or (3) an affidavit or written affirmation from the child's parent or legal guardian that the parent's or legal guardian's religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent. B. Upon filing and approval of such certificate, affidavit or affirmation, the child is exempt from the legal requirement of immunization for a period not to exceed nine months on the basis of any one certificate, affidavit or affirmation." Chapter 94 Section 2 Laws 2023 SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 95 SJC/Senate Bill 92 Approved April 4, 2023 AN ACT

RELATING TO PROFESSIONAL LICENSURE; AMENDING AND ENACTING SECTIONS OF THE PHARMACY ACT TO EXPAND PHARMACIST SCOPE OF PRACTICE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 95 Section 1 Laws 2023 SECTION 1. Section 61-11-2 NMSA 1978 (being Laws 1969, Chapter 29, Section 2, as amended) is amended to read: "61-11-2. DEFINITIONS.--As used in the Pharmacy Act: A. "administer" means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion or any other means as a result of an order of a licensed practitioner; B. "board" means the board of pharmacy; C. "compounding" means preparing, mixing, assembling, packaging or labeling a drug or device as the result of a licensed practitioner's prescription or for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale or dispensing. "Compounding" also includes preparing drugs or devices in anticipation of a prescription based on routine, regularly observed prescribing patterns; D. "confidential information" means information in the patient's pharmacy records accessed, maintained by or transmitted to the pharmacist or communicated to the patient as part of patient counseling and may be released only to the patient or as the patient directs; or to those licensed practitioners and other authorized health care professionals as defined by regulation of the board when, in the pharmacist's professional judgment, such release is necessary to protect the patient's health and well-being; or to other persons authorized by law to receive the information, regardless of whether the information is on paper, preserved on microfilm or stored on electronic media; E. "consulting pharmacist" means a pharmacist whose services are engaged on a routine basis by a hospital or other health care facility and who is responsible for the distribution, receipt and storage of drugs according to the state and federal regulations; F. "custodial care facility" means a nursing home, retirement care, mental care or other facility that provides extended health care; G. "dangerous drug" means a drug that is required by an applicable federal or state law or rule to be dispensed pursuant to a prescription or is restricted to use by

licensed practitioners; or that is required by federal law to be labeled with any of the following statements prior to being dispensed or delivered: (1) "Caution: federal law prohibits dispensing without prescription."; (2) "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."; or (3) "RX only"; H. "device" means an instrument, apparatus, implement, machine, contrivance, implant or similar or related article, including a component part or accessory, that is required by federal law to bear the label, "Caution: federal or state law requires dispensing by or on the order of a physician."; I. "dispense" means the evaluation and implementation of a prescription, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to or use by a patient; J. "distribute" means the delivery of a drug or device other than by administering or dispensing; K. "drug" means: (1) an article recognized as a drug in an official compendium or its supplement that is designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; (2) an article intended for use in the diagnosis, cure, mitigation, treatment or prevention of diseases in humans or other animals; (3) an article, other than food, that affects the structure or a function of the body of humans or other animals; and (4) an article intended for use as a component of an article described in Paragraph (1), (2) or (3) of this subsection; L. "drug regimen review" includes an evaluation of a prescription and patient record for: (1) known allergies; (2) rational therapy contraindications; (3) reasonable dose and route of administration;

(4) reasonable directions for use; (5) duplication of therapy; (6) drug-drug interactions; (7) adverse drug reactions; and (8) proper use and optimum therapeutic outcomes; M. "electronic transmission" means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment; N. "hospital" means an institution that is licensed as a hospital by the department of health; O. "labeling" means the process of preparing and affixing a label to a drug container exclusive of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged prescription drug or device; and which label includes all information required by federal or state law or regulations adopted pursuant to federal or state law; P. "licensed practitioner" means a person engaged in a profession licensed by a state, territory or possession of the United States who, within the limits of the person's license, may lawfully prescribe, dispense or administer drugs for the treatment of a patient's condition; Q. "manufacturing" means the production, preparation, propagation, conversion or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes packaging or repackaging, labeling or relabeling and the promotion and marketing of the drugs or devices. "Manufacturing" also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, licensed practitioners or other persons; R. "nonprescription drugs" means nonnarcotic medicines or drugs that may be sold without a prescription and are prepackaged for use by a consumer and are labeled in accordance with the laws and regulations of the state and federal governments; S. "nonresident pharmacy" means any pharmacy located outside New Mexico that ships, mails or delivers, in any manner, drugs into New Mexico; T. "outsourcing facility" means a facility at one geographic location or address that engages in the compounding of sterile drugs, is licensed by the board and,

in accordance with board rules, is currently registered with the United States food and drug administration as an outsourcing facility; U. "patient counseling" means the oral communication by the pharmacist of information to a patient or the patient's agent or caregiver regarding proper use of a drug or device; V. "person" means an individual, corporation, partnership, association or other legal entity; W. "pharmaceutical care" means the provision of drug therapy and other patient care services related to drug therapy intended to achieve definite outcomes that improve a patient's quality of life, including identifying potential and actual drug-related problems, resolving actual drug-related problems and preventing potential drug-related problems; X. "pharmacist" means a person who is licensed as a pharmacist in this state; Y. "pharmacist in charge" means a pharmacist who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs and who is personally in full and actual charge of the pharmacy and its personnel; Z. "pharmacy" means a place of business licensed by the board where drugs are compounded or dispensed and pharmaceutical care is provided; AA. "pharmacist intern" means a person licensed by the board to train under a pharmacist; BB. "pharmacy technician" means a person who is registered to perform repetitive tasks not requiring the professional judgment of a pharmacist; CC. "practice of pharmacy" means the evaluation and implementation of a lawful order of a licensed practitioner; the dispensing of prescriptions; the participation in drug and device selection or drug administration that has been ordered by a licensed practitioner, drug regimen reviews and drug or drug-related research; the administering or prescribing of dangerous drug therapy, devices or supplies for prescribed drug therapy for health conditions, including diabetes; the provision of patient counseling and pharmaceutical care; the responsibility for compounding and labeling of drugs and devices; the proper and safe storage of drugs and devices; the ordering, performing and interpreting of tests provided for in Section 2 of this 2023 act that are authorized by the federal food and drug administration and other tests waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988, as amended; and the maintenance of proper records consistent with the standard of care in general medical practice;

DD. "prescription" means an order given individually for the person for whom prescribed, either directly from a licensed practitioner or the licensed practitioner's agent to the pharmacist, including electronic transmission or indirectly by means of a written order signed by the prescriber, that bears the name and address of the prescriber, the prescriber's license classification, the name and address of the patient, the name and quantity of the drug prescribed, directions for use and the date of issue; EE. "repackager" means a person that repackages a drug, including a medicinal gas, and that, in accordance with board rules, has a valid registration as a drug establishment with the United States food and drug administration; FF. "significant adverse drug event" means a drug-related incident that may result in harm, injury or death to the patient; GG. "third-party logistics provider" means a person that provides or coordinates warehousing or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor or dispenser of a product but which person does not take ownership of the product nor have responsibility to direct the sale or disposition of the product; and HH. "wholesale drug distributor" means a person engaged in the wholesale distribution of prescription drugs, including own-label distributors, private-label distributors, jobbers, brokers, manufacturers' warehouses, distributor's warehouses, chain drug warehouses, wholesale drug warehouses, independent wholesale drug traders and retail pharmacies that conduct wholesale distribution." Chapter 95 Section 2 Laws 2023 SECTION 2. A new section of the Pharmacy Act is enacted to read: "TESTING, SCREENING AND TREATMENT OF HEALTH CONDITIONS.-- A. Pursuant to a board-approved protocol approved by the New Mexico medical board, a pharmacist may order, test, screen, treat and provide preventative services for health conditions or situations that include: (1) influenza; (2) group A streptococcus pharyngitis; (3) SARS-COV-2; (4) uncomplicated urinary tract infection; (5) human immunodeficiency virus, limited to the provision of pre- exposure prophylaxis and post-exposure prophylaxis; and

(6) other emerging and existing public health threats identified by the board or department of health during civil or public health emergencies. B. A pharmacist who orders, tests, screens or treats for health conditions or situations pursuant to this section may use any test that may guide clinical decision making, including tests waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988, as amended, the federal rules adopted thereunder or any established screening procedure that can safely be performed by a pharmacist. C. A pharmacist may delegate the administrative and technical tasks of performing a test waived by the federal Clinical Laboratory Improvement Amendments of 1988, as amended, to a pharmacist intern or pharmacy technician acting under the supervision of the pharmacist." Chapter 95 Section 3 Laws 2023 SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 96 Senate Bill 102, aa Approved April 4, 2023 AN ACT RELATING TO MOTOR VEHICLES; REGULATING LANE TRAVEL FOR TRUCK TRACTORS; PROVIDING PENALTIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 96 Section 1 Laws 2023 SECTION 1. A new section of the Motor Vehicle Code, Section 66-7-376 NMSA 1978, is enacted to read: "66-7-376. MULTIPLE LANE ROADWAYS--REQUIRED LANE TRAVEL FOR TRUCK TRACTORS--TWO-WAY LEFT-TURN LANES.-- A. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following requirements, in addition to all consistent requirements within the Motor Vehicle Code, shall apply: (1) a truck tractor shall be driven as nearly as practicable entirely within a single lane;

(2) a truck tractor shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety and then given a signal, not less than the last one hundred feet traveled by the truck tractor, of the driver's intention to change lanes; (3) upon a roadway that is divided into three lanes, a truck tractor shall not be driven in the center lane except: (a) when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance; (b) in preparation for a left turn; or (c) where the center lane is at the time allocated exclusively to traffic moving in the direction the truck tractor is proceeding and is signposted to give notice of the allocation; (4) a truck tractor shall not be driven in the left lane of a roadway except when overtaking and passing another vehicle; provided, however, that this paragraph shall not prohibit driving in the left lane when traffic conditions, flow or road configuration, such as the potential of merging traffic, require the use of the left lane to maintain safe traffic conditions; and provided further that this paragraph shall not prohibit driving in the left lane of a roadway within the city limits of a municipality or upon a county road as long as such roadway is not part of the national system of interstate and defense highways; and (5) official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such sign. B. A two-way left-turn lane is a lane near the center of the highway set aside for use by vehicles making left turns in both directions from or into the roadway. Two- way left-turn lanes shall be designated by distinctive roadway markings consisting of parallel double yellow lines, interior line dashed and exterior line solid, on each side of the lane. A vehicle shall not be driven in a designated two-way left-turn lane except when preparing for or making a left turn from or into a roadway. Vehicles turning left from the roadway shall not be driven in the two-way left-turn lane for more than two hundred feet while preparing for and making the turn. A vehicle turning left onto the roadway may utilize the two-way left-turn lane as a staging area by stopping and waiting for traffic proceeding in the same direction to clear before merging into the adjacent lanes of travel. A left turn shall not be made from any other lane where a two-way left- turn lane has been designated; provided, however, that this section shall not prohibit driving across a two-way left-turn lane when moving from a service drive onto such marked roadway."

Chapter 96 Section 2 Laws 2023 SECTION 2. Section 66-8-116 NMSA 1978 (being Laws 1978, Chapter 35, Section 524, as amended) is amended to read: "66-8-116. PENALTY ASSESSMENT MISDEMEANORS--DEFINITION-- SCHEDULE OF ASSESSMENTS.-- A. As used in the Motor Vehicle Code and the Boat Act, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D through F of this section, the listed penalty assessment is established: COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT Vehicles subject to registration 66-3-1

$ 50.00 Improper display of registration plate 66-3-18

25.00 Failure to notify of change of name or address 66-3-23

25.00 Lost or damaged registration, plate or title 66-3-24

25.00 Horseless carriage registration 66-3-27

25.00 Transfer of registration and title 66-3-103

25.00 Expiration of dealer plates 66-3-403

25.00 Special registration plates 66-3-409, 66-3-412.1,

66-3-413, 66-3-415,

66-3-417, 66-3-419,

66-3-421, 66-3-422,

66-3-424.4, 66-3-424.5,

66-3-424.7, 66-3-424.9,

66-3-424.13, 66-3- 424.16

and 66-3-424.28

75.00 Bicycle laws 66-3-701 through 66-3- 707

50.00 No license display 66-5-16

25.00 Failure to change address or name on license 66-5-22

25.00 Permitting unauthorized minor to drive 66-5-40

50.00 Permitting unauthorized person to drive 66-5-41

25.00 Failure to obey sign 66-7-104

25.00 Failure to obey signal 66-7-105

25.00 Pedestrian signs and signals 66-7-106 through 66-7- 108

25.00 Speeding 66-7-301

(1) up to and including ten miles an hour over the speed limit

25.00

(2) from eleven up to and including fifteen miles an hour over the speed limit

30.00 (3) from sixteen up to and including twenty miles an hour over the speed limit

65.00 (4) from twenty-one up to and including twenty-five miles an hour over the speed limit

100.00 (5) from twenty-six up to and including thirty miles an hour over the speed limit

125.00 (6) from thirty-one up to and including thirty-five miles an hour over the speed limit

150.00 (7) more than thirty-five miles an hour over the speed limit

200.00 Unfastened safety belt 66-7-372

25.00 Child not in restraint device or seat belt 66-7-369

25.00 Minimum speed 66-7-305

25.00 Speeding 66-7-306

25.00 Improper starting 66-7-324

25.00 Improper backing 66-7-354

25.00 Improper lane 66-7-308

25.00 Improper lane 66-7-313

25.00 Improper lane 66-7-316

25.00 Improper lane 66-7-317

25.00 Improper lane 66-7-319

25.00 Improper passing 66-7-309 through 66-7- 312

25.00 Improper passing 66-7-315

25.00 Controlled access violation 66-7-320

25.00 Controlled access violation 66-7-321

25.00 Improper turning 66-7-322

25.00 Improper turning 66-7-323

25.00 Improper turning 66-7-325

25.00 Following too closely 66-7-318

25.00 Failure to yield 66-7-328 through 66-7- 331

25.00 Failure to yield 66-7-332

50.00 Failure to yield 66-7-332.1

25.00 Pedestrian violation 66-7-333 through 66-7- 340

25.00 Failure to stop 66-7-342 and 66-7-344 through 66-7-346

25.00 Railroad-highway grade crossing violation 66-7-341 and 66-7-343

150.00 Passing school bus 66-7-347

100.00 Failure to signal 66-7-325 through 66-7- 327

25.00

Riding on motorcycles 66-7-355

100.00 Video screens in automobiles 66-7-358

25.00 Driving on mountain highways 66-7-359

25.00 Coasting prohibited 66-7-360

25.00 Animals on highway at night 66-7-363

50.00 Failure to secure load 66-7-407

100.00 Operation without oversize-overweight permit 66-7-413

50.00 Transport of reducible load with special permit more than six miles from a border crossing 66-7-413

100.00 Driving while license administratively suspended 66-5-39.2

25.00 Improper equipment 66-3-801 through 66-3- 840 and 66-3-842 through 66-3-851

50.00 Improper equipment 66-3-901

50.00 Improper emergency signal 66-3-853 through 66-3- 857

25.00 Minor on motorcycle without helmet 66-7-356

300.00 Operation interference 66-7-357

50.00 Littering 66-7-364

300.00 Improper parking 66-7-349 through 66-7- 352 and 66-7-353

25.00 Improper parking 66-3-852

25.00 Riding in or towing occupied house trailer 66-7-366

25.00 Improper opening of doors 66-7-367

25.00 No slow-moving vehicle emblem or flashing amber light 66-3-887

25.00 Open container-first violation 66-8-138

25.00 Texting while driving-

(1) first violation 66-7-374

25.00 (2) second and subsequent violation

50.00 Using a handheld mobile communication device while driving a commercial motor vehicle 66-7-375

(1) first violation

25.00 (2) second and subsequent violation

50.00 Improper use of travel lane 66-7-376

250.00. B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person. C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon

later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days. D. The penalty assessment for speeding in violation of Paragraph (5) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit. E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500). F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000)." Chapter 96 Section 3 Laws 2023 SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 97 Senate Bill 106, aa, w/ec Approved April 4, 2023 AN ACT RELATING TO HEALTH CARE; INCLUDING PSYCHOLOGISTS, PHYSICIAN ASSISTANTS AND PHARMACISTS IN THE DEFINITION OF "HEALTH CARE PRACTITIONER" FOR THE PURPOSE OF MAKING CERTAIN PROVISIONS IN HEALTH CARE PRACTITIONER AGREEMENTS VOID, UNENFORCEABLE AND AGAINST PUBLIC POLICY; DECLARING AN EMERGENCY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 97 Section 1 Laws 2023 SECTION 1. Section 24-1I-1 NMSA 1978 (being Laws 2015, Chapter 96, Section 1, as amended) is amended to read:

"24-1I-1. DEFINITIONS.--As used in Chapter 24, Article 1I NMSA 1978: A. "agreement" means a written contract to which a health care practitioner is a party; and B. "health care practitioner" means: (1) a dentist; (2) an osteopathic physician; (3) a physician; (4) a podiatrist; (5) a certified registered nurse anesthetist; (6) a certified nurse practitioner; (7) a certified nurse-midwife; (8) a psychologist; (9) a physician assistant; and (10) a pharmacist." Chapter 97 Section 2 Laws 2023 SECTION 2. Section 24-1I-5 NMSA 1978 (being Laws 2015, Chapter 96, Section 5, as amended) is amended to read: "24-1I-5. APPLICABILITY.-- A. Chapter 24, Article 1I NMSA 1978 does not apply to agreements between health care practitioners who are shareholders, owners, partners or directors of a health care practice. B. Except as provided by Subsections C and D of this section, the provisions of Chapter 24, Article 1I NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after July 1, 2015. C. The provisions of Subsection B of Section 24-1I-2 NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after April 6, 2017.

D. For psychologists, physician assistants and pharmacists, the provisions of Chapter 24, Article 1I NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after the effective date of this 2023 act." Chapter 97 Section 3 Laws 2023 SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately. LAWS 2023, CHAPTER 98 Senate Bill 131, aa Approved April 4, 2023 AN ACT RELATING TO PUBLIC SCHOOL CAPITAL OUTLAY; ALLOWING THE PUBLIC SCHOOL FACILITIES AUTHORITY BUDGET TO BE BASED ON A FIVE-YEAR AVERAGE; ELIMINATING OFFSETS FOR SCHOOL DISTRICTS; REDUCING THE LOCAL MATCH BY ONE-THIRD FOR SOME SCHOOL DISTRICTS; REDUCING THE LOCAL MATCH BY ONE-HALF FOR CERTAIN SMALL SCHOOL DISTRICTS; ELIMINATING THE IMPACT AID CREDIT; ELIMINATING OFFSETS FOR CHARTER SCHOOLS; REDUCING THE LOCAL MATCH FOR PRE-KINDERGARTEN PROJECTS BY FIFTY PERCENT; PROVIDING TECHNICAL CLEANUP. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 98 Section 1 Laws 2023 SECTION 1. Section 22-24-4 NMSA 1978 (being Laws 1975, Chapter 235, Section 4, as amended) is amended to read: "22-24-4. PUBLIC SCHOOL CAPITAL OUTLAY FUND CREATED--USE.-- A. The "public school capital outlay fund" is created. Balances remaining in the fund at the end of each fiscal year shall not revert. B. Except as provided in Subsections G and I through O of this section, money in the fund may be used only for capital expenditures deemed necessary by the council for an adequate educational program. C. The council may authorize the purchase by the authority of portable classrooms to be loaned to school districts to meet a temporary requirement. Payment for these purchases shall be made from the fund. Title to and custody of the portable

classrooms shall rest in the authority. The council shall authorize the lending of the portable classrooms to school districts upon request and upon finding that sufficient need exists. Application for use or return of state-owned portable classroom buildings shall be submitted by school districts to the council. Expenses of maintenance of the portable classrooms while in the custody of the authority shall be paid from the fund; expenses of maintenance and insurance of the portable classrooms while in the custody of a school district shall be the responsibility of the school district. The council may authorize the permanent disposition of the portable classrooms by the authority with prior approval of the state board of finance. D. Applications for assistance from the fund shall be made by school districts to the council in accordance with requirements of the council. Except as provided in Subsection K of this section, the council shall require as a condition of application that a school district have a current five-year facilities plan that shall include a current preventive maintenance plan to which the school adheres for each public school in the school district. E. The council shall review all requests for assistance from the fund and shall allocate funds only for those capital outlay projects that meet the criteria of the Public School Capital Outlay Act. F. Money in the fund shall be disbursed by warrant of the department of finance and administration on vouchers signed by the secretary of finance and administration following certification by the council that an application has been approved or an expenditure has been ordered by a court pursuant to Section 22-24-5.4 NMSA 1978. At the discretion of the council, money for a project shall be distributed as follows: (1) up to ten percent of the portion of the project cost funded with distributions from the fund or five percent of the total project cost, whichever is greater, may be paid to the school district before work commences with the balance of the grant award made on a cost-reimbursement basis; or (2) the council may authorize payments directly to the contractor. G. Balances in the fund may be annually appropriated for the core administrative functions of the authority pursuant to the Public School Capital Outlay Act, and, in addition, balances in the fund may be expended by the authority, upon approval of the council, for project management expenses; provided that: (1) the total annual expenditures from the fund for the core administrative functions pursuant to this subsection shall not exceed five percent of the average annual grant assistance authorized from the fund during the five previous fiscal years; and

(2) any unexpended or unencumbered balance remaining at the end of a fiscal year from the expenditures authorized in this subsection shall revert to the fund. H. The fund may be expended by the council for building system repair, renovation or replacement initiatives with projects to be identified by the council pursuant to Section 22-24-4.6 NMSA 1978; provided that money allocated pursuant to this subsection shall be expended within three years of the allocation. I. The fund may be expended annually by the council for grants to school districts for the purpose of making lease payments for facilities, including facilities leased by charter schools. The grants shall be made upon application by the school districts and pursuant to rules adopted by the council; provided that an application on behalf of a charter school shall be made by the school district, but, if the school district fails to make an application on behalf of a charter school, the charter school may submit its own application. The following criteria shall apply to the grants: (1) the amount of a grant to a school district or charter school shall not exceed: (a) the actual annual lease payments owed for leasing a facility; or (b) seven hundred dollars ($700) multiplied by the MEM using the leased facilities; provided that in fiscal year 2009 and in each subsequent fiscal year, this amount shall be adjusted by the percentage change between the penultimate calendar year and the immediately preceding calendar year of the consumer price index for the United States, all items, as published by the United States department of labor; (2) a grant received for the lease payments of a charter school may be used by that charter school as a state match necessary to obtain federal grants pursuant to the federal Every Student Succeeds Act; (3) at the end of each fiscal year, any unexpended or unencumbered balance of the grant shall revert to the fund; (4) no grant shall be made for lease payments due pursuant to a financing agreement under which the facilities may be purchased for a price that is reduced according to the lease payments made unless: (a) the agreement has been approved pursuant to the provisions of the Public School Lease Purchase Act; and (b) the facilities are leased by a charter school; (5) if the lease payments are made pursuant to a financing agreement under which the facilities may be purchased for a price that is reduced according to the

lease payments made, neither a grant nor any provision of the Public School Capital Outlay Act creates a legal obligation for the school district or charter school to continue the lease from year to year or to purchase the facilities nor does it create a legal obligation for the state to make subsequent grants pursuant to the provisions of this subsection; and (6) as used in this subsection: (a) "MEM" means: 1) the average full-time-equivalent enrollment using leased facilities on the second and third reporting dates of the prior school year; or 2) in the case of an approved charter school that has not commenced classroom instruction, the estimated full-time-equivalent enrollment that will use leased facilities in the first year of instruction, as shown in the approved charter school application; provided that, after the second reporting date of the current school year, the MEM shall be adjusted to reflect the full-time-equivalent enrollment on that date; and (b) "facilities" includes the space needed for school activities. J. In addition to other authorized expenditures from the fund, up to one percent of the average grant assistance authorized from the fund during the three previous fiscal years may be expended in each fiscal year by the authority to pay the state fire marshal, the construction industries division of the regulation and licensing department and local jurisdictions having authority from the state to permit and inspect projects for expenditures made to permit and inspect projects funded in whole or in part under the Public School Capital Outlay Act. The authority may enter into contracts with the state fire marshal, the construction industries division or the appropriate local authorities to carry out the provisions of this subsection. Such a contract may provide for initial estimated payments from the fund prior to the expenditures if the contract also provides for additional payments from the fund if the actual expenditures exceed the initial payments and for repayments back to the fund if the initial payments exceed the actual expenditures. Money distributed from the fund to the state fire marshal or the construction industries division pursuant to this subsection shall be used to supplement, rather than supplant, appropriations to those entities. K. Pursuant to guidelines established by the council, allocations from the fund may be made to assist school districts in developing and updating five-year facilities plans required by the Public School Capital Outlay Act; provided that: (1) no allocation shall be made unless the council determines that the school district is willing and able to pay the portion of the total cost of developing or updating the plan that is not funded with the allocation from the fund. Except as provided in Paragraph (2) of this subsection, the portion of the total cost to be paid with the allocation from the fund shall be determined pursuant to the methodology in Subsection B of Section 22-24-5 NMSA 1978; or

(2) the allocation from the fund may be used to pay the total cost of developing or updating the plan if: (a) the school district has fewer than an average of six hundred full-time-equivalent students on the second and third reporting dates of the prior school year; or (b) the school district meets all of the following requirements: 1) the school district has fewer than an average of one thousand full-time-equivalent students on the second and third reporting dates of the prior school year; 2) the school district has at least seventy percent of its students eligible for free or reduced-fee lunch; 3) the state share of the total cost, if calculated pursuant to the methodology in Subsection B of Section 22-24-5 NMSA 1978, would be less than fifty percent; and 4) for all educational purposes, the school district has a residential property tax rate of at least seven dollars ($7.00) on each one thousand dollars ($1,000) of taxable value, as measured by the sum of all rates imposed by resolution of the local school board plus rates set to pay interest and principal on outstanding school district general obligation bonds. L. Upon application by a school district, allocations from the fund may be made by the council for the purpose of demolishing abandoned school district facilities; provided that: (1) the costs of continuing to insure an abandoned facility outweigh any potential benefit when and if a new facility is needed by the school district; (2) there is no practical use for the abandoned facility without the expenditure of substantial renovation costs; and (3) the council may enter into an agreement with the school district to fully fund the demolition of the abandoned school district facility if Paragraphs (1) and (2) of this subsection are satisfied. M. Up to ten million dollars ($10,000,000) of the fund may be expended each year for an education technology infrastructure deficiency corrections initiative pursuant to Section 22-24-4.5 NMSA 1978; provided that funding allocated pursuant to this section shall be expended within three years of its allocation. N. The fund may be expended in each of fiscal years 2020 through 2024 for a pre-kindergarten classroom facilities initiative project in accordance with Section 22-24- 12 NMSA 1978. O. The council may fund pre-kindergarten classrooms with a qualifying, awarded standards-based project; provided that pre-kindergarten classroom space shall not be included in the project prioritization calculation adopted by the council pursuant

to Section 22-24-5 NMSA 1978. The council shall develop pre-kindergarten classroom standards to use when funding pre-kindergarten space." Chapter 98 Section 2 Laws 2023 SECTION 2. Section 22-24-4.5 NMSA 1978 (being Laws 2014, Chapter 28, Section 4, as amended) is amended to read: "22-24-4.5. EDUCATION TECHNOLOGY INFRASTRUCTURE DEFICIENCY CORRECTIONS.-- A. No later than September 1, 2014, the council, with the advice of the department and the department of information technology, shall define and develop: (1) minimum adequacy standards for an education technology infrastructure deficiency corrections initiative to identify and determine reasonable costs for correcting education technology infrastructure deficiencies in or affecting school districts; (2) a methodology for prioritizing projects to correct education technology infrastructure deficiencies in or affecting school districts; and (3) a methodology for determining a school district's share of the project costs. B. The council shall develop guidelines for a statewide education technology infrastructure network that integrates regional hub locations for network services and the installation and maintenance of equipment. The council may fund education technology infrastructure projects or items that the council determines are in accord with the guidelines and necessary to education for: (1) students; (2) school buses; (3) internet connectivity within a school district; (4) a multi-district regional education network; and (5) a statewide education network. C. The council may approve allocations from the fund pursuant to Subsection M of Section 22-24-4 NMSA 1978 and this section for projects in or affecting a school district committing to pay its share of the project costs. The council may adjust the school district's share of the project costs in accordance with Paragraph (9) of

Subsection B of Section 22-24-5 NMSA 1978 or the methodology for determining the school district's share of the project costs." Chapter 98 Section 3 Laws 2023 SECTION 3. Section 22-24-5 NMSA 1978 (being Laws 1975, Chapter 235, Section 5, as amended) is amended to read: "22-24-5. PUBLIC SCHOOL CAPITAL OUTLAY PROJECTS--APPLICATION-- GRANT ASSISTANCE.-- A. Applications for grant assistance, approval of applications, prioritization of projects and grant awards shall be conducted pursuant to the provisions of this section. B. Except as provided in Sections 22-24-4.3, 22-24-5.4 and 22-24-5.6 NMSA 1978, the following provisions govern grant assistance from the fund for a public school capital outlay project not wholly funded pursuant to Section 22-24-4.1 NMSA 1978: (1) all school districts are eligible to apply for funding from the fund, regardless of percentage of indebtedness; (2) priorities for funding shall be determined by using the statewide adequacy standards developed pursuant to Subsection C of this section; provided that: (a) the council shall apply the standards to charter schools to the same extent that they are applied to other public schools; (b) the council may award grants annually to school districts for the purpose of repairing, renovating or replacing public school building systems in existing buildings as identified in Section 22-24-4.6 NMSA 1978; (c) the council shall adopt and apply adequacy standards appropriate to the unique needs of the constitutional special schools; and (d) in an emergency in which the health or safety of students or school personnel is at immediate risk or in which there is a threat of significant property damage, the council may award grant assistance for a project using criteria other than the statewide adequacy standards; (3) the council shall establish criteria to be used in public school capital outlay projects that receive grant assistance pursuant to the Public School Capital Outlay Act. In establishing the criteria, the council shall consider: (a) the feasibility of using design, build and finance arrangements for public school capital outlay projects;

(b) the potential use of more durable construction materials that may reduce long-term operating costs; (c) concepts that promote efficient but flexible utilization of space; and (d) any other financing or construction concept that may maximize the dollar effect of the state grant assistance; (4) no more than ten percent of the combined total of grants in a funding cycle shall be used for retrofitting existing facilities for technology infrastructure; (5) no later than May 1 of each calendar year, the phase two formula value shall be calculated for each school district in accordance with the following procedure: (a) the sum of the final prior five years net taxable value for a school district multiplied by nine ten-thousandths for that school district is calculated for each school district; (b) the maximum allowable gross square foot per student multiplied by the replacement cost per square foot divided by forty-five is calculated for each school district; (c) the value calculated pursuant to Subparagraph (a) of this paragraph divided by the value calculated pursuant to Subparagraph (b) of this paragraph is calculated for each school district; (d) in those instances in which the calculation pursuant to Subparagraph (c) of this paragraph yields a value equal to or greater than one, the phase two formula value shall be zero for the subject school district; (e) in those instances in which the calculation pursuant to Subparagraph (c) of this paragraph yields a value of ninety-hundredths or more but less than one, the phase two formula value shall be one minus the value calculated in Subparagraph (c) of this paragraph; and (f) in those instances in which the calculation pursuant to Subparagraph (c) of this paragraph yields a value less than ninety-hundredths, the phase two formula value shall be one minus the value calculated in Subparagraph (c) of this paragraph plus the school district population density factor; (6) the state share of a project approved by the council shall be funded within available resources pursuant to the provisions of this paragraph. Except as provided in Section 22-24-5.7 NMSA 1978 and except as adjusted pursuant to Paragraph (8), (9) or (10) of this subsection, the amount to be distributed from the fund

for an approved project shall equal the total project cost multiplied by the following percentage, except that in no case shall the state share be less than six percent: (a) for fiscal year 2024 through fiscal year 2026, the percentage shall be the phase two formula value plus a percentage equal to one-third of the difference between one and the phase two formula value; provided that, for school districts with fewer than 200 MEM, the percentage shall be the phase two formula value plus a percentage equal to one-half of the difference between one and the phase two formula; and (b) for fiscal year 2027 and thereafter, the percentage shall be the phase two formula value; (7) as used in this subsection: (a) "governmental entity" includes an Indian nation, tribe or pueblo; (b) "phase two formula value" for a state-chartered charter school means the phase two formula value calculated pursuant to Paragraph (5) of this subsection for the school district in which the state-chartered charter school is physically located; (c) "subject school district" means the school district that has submitted the application for funding and in which the approved public school capital outlay project will be located; and (d) "total project cost" means the total amount necessary to complete the public school capital outlay project less any insurance reimbursement received by the school district for the project; (8) the amount calculated pursuant to Paragraph (6) of this subsection may be increased by an additional five percent if the council finds that the subject school district has been exemplary in implementing and maintaining a preventive maintenance program. The council shall adopt such rules as are necessary to implement the provisions of this paragraph; (9) the council may adjust the amount of local share otherwise required if it determines that a school district has made a good-faith effort to use all of its local resources. Before making any adjustment to the local share, the council shall consider whether: (a) the school district has insufficient bonding capacity over the next four years to provide the local match necessary to complete the project and, for all educational purposes, has a residential property tax rate of at least ten dollars ($10.00) on each one thousand dollars ($1,000) of taxable value, as measured by the sum of all

rates imposed by resolution of the local school board plus rates set to pay interest and principal on outstanding school district general obligation bonds; (b) the school district: 1) has fewer than an average of eight hundred full-time-equivalent students on the second and third reporting dates of the prior school year; 2) has at least seventy percent of its students eligible for free or reduced-fee lunch; 3) has a share of the total project cost, as calculated pursuant to provisions of this section, that would be greater than fifty percent; and 4) for all educational purposes, has a residential property tax rate of at least seven dollars ($7.00) on each one thousand dollars ($1,000) of taxable value, as measured by the sum of all rates imposed by resolution of the local school board plus rates set to pay interest and principal on outstanding school district general obligation bonds; or (c) the school district: 1) has an enrollment growth rate over the previous school year of at least two and one-half percent; 2) pursuant to its five-year facilities plan, will be building a new school within the next two years; and 3) for all educational purposes, has a residential property tax rate of at least ten dollars ($10.00) on each one thousand dollars ($1,000) of taxable value, as measured by the sum of all rates imposed by resolution of the local school board plus rates set to pay interest and principal on outstanding school district general obligation bonds; (10) the local match for the constitutional special schools shall be set at fifty percent for projects that qualify under the educational adequacy category and one hundred percent for projects that qualify in the support spaces category; provided that the council may adjust or waive the amount of any direct appropriation offset to or local share required for the constitutional special schools if an applicant constitutional special school has insufficient or no local resources available; and (11) no application for grant assistance from the fund shall be approved unless the council determines that: (a) the public school capital outlay project is needed and included in the school district's five-year facilities plan among its top priorities; (b) the school district has used its capital resources in a prudent manner; (c) the school district has provided insurance for buildings of the school district in accordance with the provisions of Section 13-5-3 NMSA 1978; (d) the school district has submitted a five-year facilities plan that includes: 1) enrollment projections; 2) a current preventive maintenance plan that has been approved by the council pursuant to Section 22-24-5.3 NMSA 1978 and that is followed by each public school in the district; 3) the capital needs of charter schools located in the school district; and 4) projections for the facilities needed in order to maintain a full-day kindergarten program;

(e) the school district is willing and able to pay any portion of the total cost of the public school capital outlay project that, according to Paragraph (6), (8) or (9) of this subsection, is not funded with grant assistance from the fund; (f) the application includes the capital needs of any charter school located in the school district or the school district has shown that the facilities of the charter school have a smaller deviation from the statewide adequacy standards than other district facilities included in the application; and (g) the school district has agreed, in writing, to comply with any reporting requirements or conditions imposed by the council pursuant to Section 22-24- 5.1 NMSA 1978. C. After consulting with the public school capital outlay oversight task force and other experts, the council shall regularly review and update statewide adequacy standards applicable to all school districts. The standards shall establish the acceptable level for the physical condition and capacity of buildings, the educational suitability of facilities, the need for career-technical education facilities or classrooms and the need for education technology infrastructure. Except as otherwise provided in the Public School Capital Outlay Act, the amount of outstanding deviation from the standards shall be used by the council in evaluating and prioritizing public school capital outlay projects. D. The acquisition of a facility by a school district or charter school pursuant to a financing agreement that provides for lease payments with an option to purchase for a price that is reduced according to lease payments made may be considered a public school capital outlay project and eligible for grant assistance under this section pursuant to the following criteria: (1) no grant shall be awarded unless the council determines that, at the time of exercising the option to purchase the facility by the school district or charter school, the facility will equal or exceed the statewide adequacy standards and the building standards for public school facilities; (2) no grant shall be awarded unless the school district and the need for the facility meet all of the requirements for grant assistance pursuant to the Public School Capital Outlay Act; (3) the total project cost shall equal the total payments that would be due under the agreement if the school district or charter school would eventually acquire title to the facility; (4) the portion of the total project cost to be paid from the fund may be awarded as one grant, but disbursements from the fund shall be made from time to time as lease payments become due;

(5) the portion of the total project cost to be paid by the school district or charter school may be paid from time to time as lease payments become due; and (6) neither a grant award nor any provision of the Public School Capital Outlay Act creates a legal obligation for the school district or charter school to continue the lease from year to year or to purchase the facility. E. In order to encourage private capital investment in the construction of public school facilities, the purchase of a privately owned school facility that is, at the time of application, in use by a school district may be considered a public school capital outlay project and eligible for grant assistance pursuant to this section if the council finds that: (1) at the time of the initial use by the school district, the facility to be purchased equaled or exceeded the statewide adequacy standards and the building standards for public school facilities; (2) at the time of application, attendance at the facility to be purchased is at seventy-five percent or greater of design capacity and the attendance at other schools in the school district that the students at the facility would otherwise attend is at eighty-five percent or greater of design capacity; and (3) the school district and the capital outlay project meet all of the requirements for grant assistance pursuant to the Public School Capital Outlay Act; provided that, when determining the deviation from the statewide adequacy standards for the purposes of evaluating and prioritizing the project, the students using the facility shall be deemed to be attending other schools in the school district. F. It is the intent of the legislature that grant assistance made pursuant to this section allows every school district to meet the standards developed pursuant to Subsection C of this section; provided, however, that nothing in the Public School Capital Outlay Act or the development of standards pursuant to that act prohibits a school district from using other funds available to the district to exceed the statewide adequacy standards. G. Upon request, the council shall work with, and provide assistance and information to, the public school capital outlay oversight task force. H. The council may establish committees or task forces, not necessarily consisting of council members, and may use the committees or task forces, as well as existing agencies or organizations, to conduct studies, conduct surveys, submit recommendations or otherwise contribute expertise from the public schools, programs, interest groups and segments of society most concerned with a particular aspect of the council's work.

I. Upon the recommendation of the authority, the council shall develop building standards for public school facilities and shall promulgate other such rules as are necessary to carry out the provisions of the Public School Capital Outlay Act. J No later than December 15 of each year, the council shall prepare a report summarizing its activities during the previous fiscal year. The report shall describe in detail all projects funded, the progress of projects previously funded but not completed, the criteria used to prioritize and fund projects and all other council actions. The report shall be submitted to the public education commission, the governor, the legislative finance committee, the legislative education study committee and the legislature. K. For any school district that received a standards- or systems-based award from the council in fiscal year 2023, the state share for any future phase of the project for which funding has not yet been awarded shall be the amount calculated pursuant to Subsection B of this section for fiscal year 2024, regardless of the state share at the time of the initial award. L. As used in this section: (1) "MEM" means membership; and (2) "membership" means the total enrollment of qualified students on the current roll of a class or school on a specified day. The current roll is established by the addition of original entries and reentries minus withdrawals. Withdrawals of students, in addition to students formally withdrawn from the public school, include students absent from the public school for as many as ten consecutive school days; provided that withdrawals do not include students in need of early intervention and habitual truants the school district is required to intervene with and keep in an educational setting." Chapter 98 Section 4 Laws 2023 SECTION 4. Section 22-24-5.4 NMSA 1978 (being Laws 2004, Chapter 125, Section 10, as amended) is amended to read: "22-24-5.4. RECALCITRANT SCHOOL DISTRICTS--COURT ACTION TO ENFORCE CONSTITUTIONAL COMPLIANCE--IMPOSITION OF PROPERTY TAX.-- A. The council may bring an action against a school district pursuant to the provisions of this section if, based upon information submitted to the council by the authority, the council determines that: (1) the physical condition of a public school facility in the school district is so inadequate that the facility or the education received by students attending the facility is below the minimum required by the constitution of New Mexico;

(2) the school district is not taking the necessary steps to bring the facility up to the constitutionally required minimum; and (3) either: (a) the school district has not applied for the grant assistance necessary to bring the facility up to minimum constitutional standards; or (b) the school district is unwilling to meet all of the requirements for the approval of an application for grant assistance pursuant to Paragraph (11) of Subsection B of Section 22-24-5 NMSA 1978. B. An action brought pursuant to this section shall be brought by the council in the name of the state against the school district in the district court for Santa Fe county. C. After a hearing and consideration of the evidence, if the court finds that the council's determination pursuant to Subsection A of this section was correct, the court shall: (1) order the council to expend sufficient resources necessary to bring the facility up to the minimum level required by the constitution of New Mexico; (2) order the school district to comply with Paragraph (11) of Subsection B of Section 22-24-5 NMSA 1978 and to take all other actions necessary to facilitate the completion of the project ordered pursuant to Paragraph (1) of this subsection; and (3) enter a judgment against the school district for court costs and attorney fees and the necessary amount to satisfy the school district share, as determined by the formula prescribed by Subsection B of Section 22-24-5 NMSA 1978, for the project ordered pursuant to Paragraph (1) of this subsection. D. The amount of a judgment entered against a school district pursuant to Paragraph (3) of Subsection C of this section is a public debt of the school district. If the court finds that the debt cannot be satisfied with available school district funds, other than funds needed for the operation of the public schools and other existing obligations, the court shall order the imposition of a property tax on all taxable property allocated to the school district at a rate sufficient to pay the judgment, with accrued interest, within a reasonable time as determined by the court. After paying court costs and attorney fees, amounts received pursuant to this subsection shall be deposited by the council into the fund."

Chapter 98 Section 5 Laws 2023 SECTION 5. Section 22-24-6.1 NMSA 1978 (being Laws 2007, Chapter 214, Section 1, as amended) is amended to read: "22-24-6.1. PROCEDURES FOR A STATE-CHARTERED CHARTER SCHOOL.- -All of the provisions of the Public School Capital Outlay Act apply to an application by a state-chartered charter school for grant assistance for a capital project except the portion of the cost of the project to be paid from the fund shall be calculated pursuant to Subsection B of Section 22-24-5 NMSA 1978 using data from the school district in which the state-chartered charter school is located." Chapter 98 Section 6 Laws 2023 SECTION 6. Section 22-24-12 NMSA 1978 (being Laws 2019, Chapter 179, Section 1) is amended to read: "22-24-12. PRE-KINDERGARTEN CLASSROOM FACILITIES INITIATIVE.-- A. The council shall develop guidelines for a pre-kindergarten classroom facilities initiative in accordance with this section, including establishing and adopting pre-kindergarten classroom standards. B. The authority shall rank all applications it receives for the pre-kindergarten classroom facilities initiative according to the methodology adopted by the council for that purpose. C. After a public hearing, and to the extent that money is available in the fund for that purpose, the council may make pre-kindergarten classroom facilities initiative grants to school districts that the council determines are willing and able to pay for the portion of the total cost not funded with grant assistance from the fund according to those applicants' rankings. D. The state share of the cost of an approved pre-kindergarten classroom facilities initiative project shall be calculated according to the methodology outlined in Subsection B of Section 22-24-5 NMSA 1978; provided that, for fiscal years 2024 through 2026, the state share of an approved pre-kindergarten classroom facilities initiative project shall be the phase two formula value plus a percentage equal to one- half of the difference between one and the phase two formula value. E. A school district that receives a grant in accordance with this section shall expend the money within three years after the grant allocation, or the money shall revert to the fund."

Chapter 98 Section 7 Laws 2023 SECTION 7. Section 22-25-9 NMSA 1978 (being Laws 1975 (S.S.), Chapter 5, Section 9, as amended) is amended to read: "22-25-9. STATE DISTRIBUTION TO SCHOOL DISTRICT IMPOSING TAX UNDER CERTAIN CIRCUMSTANCES.-- A. Except as provided in Subsection E of this section, for each year that a capital improvements tax is imposed by a school district, the secretary shall distribute from the public school capital improvements fund to the school district an amount equal to the greater of: (1) the difference between: (a) the product of: 1) the school district's program units; 2) multiplied by the tax rate imposed by the school district; and 3) multiplied further by the sum calculated pursuant to Subsection B of this section; and (b) the school district's estimated tax revenue; or (2) the product of: (a) five dollars ($5.00) for fiscal year 2023; and in each subsequent fiscal year, the amount for the previous fiscal year adjusted by the percentage increase between the next preceding calendar year and the preceding calendar year of the consumer price index for the United States, all items, as published by the United States department of labor; (b) multiplied by the school district's program units; and (c) multiplied further by the tax rate imposed by the school district. B. The amount in Item 3) of Subparagraph (a) of Paragraph (1) of Subsection A of this section shall be equal to the sum of: (1) for fiscal year 2023, eighty-nine dollars twenty-five cents ($89.25); and in each subsequent fiscal year, the amount for the previous fiscal year adjusted by the percentage increase between the next preceding calendar year and the preceding calendar year of the consumer price index for the United States, all items, as published by the United States department of labor; plus (2) an additional amount certified to the secretary by the public school capital outlay council. No later than June 1 of each year, the council shall determine the amount needed in the next fiscal year for public school capital outlay projects pursuant

to the Public School Capital Outlay Act and the amount of revenue, from all sources, available for the projects. If, in the sole discretion of the council, the amount available exceeds the amount needed, the council may certify an additional amount pursuant to this paragraph; provided that the sum of the amount calculated pursuant to this paragraph plus the amount in Paragraph (1) of this subsection shall not result in a total statewide distribution that, in the opinion of the council, exceeds one-half of the total revenue estimated to be received from taxes imposed pursuant to the Public School Capital Improvements Act. C. If a distribution is made to a school district pursuant to Subsection A of this section, the secretary shall make an additional distribution from the public school capital improvements fund to the school district in an amount equal to the product of: (1) fifty-three dollars ($53.00); (2) multiplied by the sum of the school district's program units; (3) multiplied further by the greater of six percent or the percentage calculated pursuant to Paragraph (5) of Subsection B of Section 22-24-5 NMSA 1978; and (4) multiplied further by the tax rate imposed by the school district. D. In expending distributions made pursuant to this section, school districts and charter schools shall give priority to maintenance projects, including payments under contracts with regional education cooperatives for maintenance support services. In addition, distributions made pursuant to this section may be expended by school districts and charter schools as follows, but no distribution from the public school capital improvements fund may be used for capital improvements to any administration building of a school district: (1) for the school district portion of the total project cost for roof repair or replacement required by Section 22-24-4.3 NMSA 1978; or (2) for the school district portion of payments made under a financing agreement entered into by a school district or a charter school for the leasing of a building or other real property with an option to purchase for a price that is reduced according to the payments made, if the school district has received a grant for the state share of the payments pursuant to Subsection D of Section 22-24-5 NMSA 1978. E. In the event that sufficient funds are not available in the public school capital improvements fund to make the distributions pursuant to this section, the dollar per program unit figure shall be reduced as necessary. F. A portion of each distribution made by the state pursuant to this section shall be further distributed by the school district to each locally chartered or state-

chartered charter school located within the school district. The amount to be distributed to each charter school shall be in the same proportion as the average full-time- equivalent enrollment of the charter school on the second and third reporting dates of the prior school year is to the total such enrollment in the school district; provided that, in determining the school district's total enrollment, charter school students located within the school district shall be included; and provided further that no distribution shall be made to an approved charter school that had not commenced classroom instruction in the prior school year. Each year, the department shall certify to the school district the amount to be distributed to each charter school. Distributions received by a charter school pursuant to this subsection shall be expended pursuant to the provisions of the Public School Capital Improvements Act; except that if capital improvements for the charter school were not identified in a resolution approved by the electors, the charter school may expend the distribution for any capital improvements, including those specified in Subsection D of this section. G. In making distributions pursuant to this section, the secretary shall include such reporting requirements and conditions as are required by rule of the public school capital outlay council. The council shall adopt such requirements and conditions as are necessary to ensure that the distributions are expended in the most prudent manner possible and are consistent with the original purpose as specified in the authorizing resolution. Copies of reports or other information received by the secretary in response to the requirements and conditions shall be forwarded to the council. H. As used in this section: (1) "capital improvements tax" means the tax authorized pursuant to the Public School Capital Improvements Act; (2) "estimated tax revenue" means the revenue estimated to be received by a school district from the capital improvements tax, using prior year valuations and assuming a one hundred percent collection rate; (3) "program units" means a school district's final program units determined pursuant to Sections 22-8-19, 22-8-20 through 22-8-23.1 and 22-8-23.3 NMSA 1978 generated in the previous fiscal year, including such program units generated by a charter school located within the school district; and (4) "tax rate" means the rate approved by the qualified electors in the most recent election on the question of imposing a tax pursuant to the Public School Capital Improvements Act." Chapter 98 Section 8 Laws 2023 SECTION 8. TEMPORARY PROVISION--ELIMINATION OF CURRENT OFFSETS.--All current outstanding offsets held against school districts or charter

schools for a direct legislative appropriation shall be eliminated on the effective date of this act. Chapter 98 Section 9 Laws 2023 SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023. LAWS 2023, CHAPTER 99 STBTC/SHPAC/Senate Bill 132, aa Approved April 4, 2023 AN ACT RELATING TO HEALTH CARE; ENACTING SECTIONS OF THE HEALTH CARE PURCHASING ACT, THE NEW MEXICO INSURANCE CODE, THE HEALTH MAINTENANCE ORGANIZATION LAW AND THE NONPROFIT HEALTH CARE PLAN LAW TO ELIMINATE COST-SHARING REQUIREMENTS FOR PREVENTIVE CARE AND TREATMENT OF SEXUALLY TRANSMITTED INFECTION; PROVIDING THAT AGE DOES NOT IMPACT ABILITY TO CONSENT TO PREVENTIVE CARE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 99 Section 1 Laws 2023 SECTION 1. A new section of the Health Care Purchasing Act is enacted to read: "SEXUALLY TRANSMITTED INFECTION CARE--COST SHARING ELIMINATED.-- A. Group health coverage, including self-insurance, offered, issued, amended, delivered or renewed under the Health Care Purchasing Act, that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible insureds. B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured. C. The provisions of Subsection A of this section do not apply to high- deductible health care plans with health savings accounts until an eligible insured's deductible has been met, unless otherwise allowed pursuant to federal law. D. For the purposes of this section:

(1) "cost sharing" means policy deductibles, copayments or coinsurance; (2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of drugs, devices or supplies incidental to the prevention of a sexually transmitted infection; (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and (4) "treatment" means medically necessary care for the management of an existing sexually transmitted infection." Chapter 99 Section 2 Laws 2023 SECTION 2. A new section of Chapter 59A, Article 22 NMSA 1978 is enacted to read: "SEXUALLY TRANSMITTED INFECTION CARE--COST SHARING ELIMINATED.-- A. An individual or group health insurance policy, health care plan or certificate of health insurance that is delivered, issued for delivery or renewed in this state that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on insureds. B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured. C. The provisions of Subsection A of this section do not apply to high- deductible health care plans with health savings accounts until an eligible insured's deductible has been met, unless otherwise allowed pursuant to federal law. D. For the purposes of this section: (1) "cost sharing" means policy deductibles, copayments or coinsurance; (2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of preventive drugs, devices or supplies incidental to the prevention of a sexually transmitted infection; (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted

infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and (4) "treatment" means medically necessary care for the management of an existing sexually transmitted infection." Chapter 99 Section 3 Laws 2023 SECTION 3. A new section of Chapter 59A, Article 23 NMSA 1978 is enacted to read: "SEXUALLY TRANSMITTED INFECTION CARE--COST SHARING ELIMINATED.-- A. A blanket or group health insurance policy, health care plan or certificate of health insurance that is delivered, issued for delivery or renewed in this state that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible insureds. B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured. C. The provisions of Subsection A of this section do not apply to high- deductible health care plans with health savings accounts until an eligible insured's deductible has been met, unless otherwise allowed pursuant to federal law. D. For the purposes of this section: (1) "cost sharing" means policy deductibles, copayments or coinsurance; (2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of preventive drugs, devices or supplies incidental to the prevention of a sexually transmitted infection; (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and (4) "treatment" means medically necessary care for the management of an existing sexually transmitted infection."

Chapter 99 Section 4 Laws 2023 SECTION 4. A new section of the Health Maintenance Organization Law is enacted to read: "SEXUALLY TRANSMITTED INFECTION CARE--COST SHARING ELIMINATED.-- A. An individual or group health maintenance organization contract that is delivered, issued for delivery or renewed in this state that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible enrollees. B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured. C. The provisions of Subsection A of this section do not apply to high- deductible health care plans with health savings accounts until an eligible enrollee's deductible has been met, unless otherwise allowed pursuant to federal law. D. For the purposes of this section: (1) "cost sharing" means policy deductibles, copayments or coinsurance; (2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of preventive drugs, devices or supplies incidental to the prevention of a sexually transmitted infection; (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and (4) "treatment" means medically necessary care for the management of an existing sexually transmitted infection." Chapter 99 Section 5 Laws 2023 SECTION 5. A new section of the Nonprofit Health Care Plan Law is enacted to read: "SEXUALLY TRANSMITTED INFECTION CARE--COST SHARING ELIMINATED.--

A. An individual or group health care plan that is delivered, issued for delivery or renewed in this state that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible subscribers. B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured. C. The provisions of Subsection A of this section do not apply to high- deductible health care plans with health savings accounts until an eligible subscriber's deductible has been met, unless otherwise allowed pursuant to federal law. D. For the purposes of this section: (1) "cost sharing" means policy deductibles, copayments or coinsurance; (2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of preventive drugs, devices or supplies incidental to the prevention of a sexually transmitted infection; (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and (4) "treatment" means medically necessary care for the management of an existing sexually transmitted infection." Chapter 99 Section 6 Laws 2023 SECTION 6. Section 24-1-9 NMSA 1978 (being Laws 1973, Chapter 359, Section 9, as amended) is amended to read: "24-1-9. CAPACITY TO CONSENT TO EXAMINATION, PREVENTIVE CARE AND TREATMENT FOR A SEXUALLY TRANSMITTED INFECTION.--Any person regardless of age has the capacity to consent to an examination, preventive care and treatment by a licensed health care provider for any sexually transmitted infection." Chapter 99 Section 7 Laws 2023 SECTION 7. APPLICABILITY.--The provisions of this act apply to health insurance policies, health care plans, certificates of health insurance or health maintenance organization contracts that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.

LAWS 2023, CHAPTER 100 Senate Bill 160, aa Approved April 4, 2023 AN ACT RELATING TO PUBLIC SERVICE COMPANY REGULATION; TRANSFERRING RESPONSIBILITY FOR TRANSPORTATION REGULATION FROM THE PUBLIC REGULATION COMMISSION TO THE DEPARTMENT OF TRANSPORTATION, INCLUDING MOTOR CARRIER REGULATION AND ENFORCEMENT, RAILROAD SAFETY ENFORCEMENT AND AMBULANCE STANDARDS; TRANSFERRING PERSONNEL, FUNCTIONS, MONEY, APPROPRIATIONS, OTHER PROPERTY AND CONTRACTUAL OBLIGATIONS; CHANGING REFERENCES IN LAW; ELIMINATING FROM THE MOTOR CARRIER ACT REDUNDANT PERMITS FOR TRANSPORTATION OF PASSENGERS OR HOUSEHOLD GOODS PURSUANT TO A CONTRACT; REMOVING OUTDATED REFERENCES IN THE AVIATION ACT AND THE RURAL AIR SERVICE ENHANCEMENT ACT; REPEALING PROVISIONS RELATING TO AVIATION COMMON CARRIERS AND AIR TRAFFIC RULES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Chapter 100 Section 1 Laws 2023 SECTION 1. DEPARTMENT OF TRANSPORTATION--POWERS AND DUTIES- -COMMON CARRIERS.-- A. With respect to common carriers, the department of transportation shall: (1) fix, determine, supervise, regulate and control all charges and rates of railway, express, sleeping car and other transportation companies and common carriers within the state; (2) determine any matters of public convenience and necessity with respect to matters subject to its regulatory authority as provided by law; (3) require railway companies and other common carriers to provide and maintain adequate equipment, depots, stock pens, station buildings, agents and facilities for the accommodation of shippers and passengers and for receiving and delivering freight and express and to provide and maintain necessary crossings, culverts, sidings and other facilities for convenience and safety whenever in the department's judgment the public interest demands;

(4) require railway companies, transportation companies and common carriers to provide such reasonable safety appliances and use such reasonable safety practices as may be necessary and proper for the safety of employees and the public as required by federal or state laws and rules; (5) change, amend and rescind rates; (6) enforce its rules through administrative sanctions and in the courts; and (7) carry out all other duties and have all other powers provided by law. B. The department of transportation may subpoena witnesses and documents, enforce its subpoenas through any court and, through the court, punish for contempt. C. The department of transportation has the power, after notice and hearing of record, to determine and decide any question and to issue orders relating to its powers and duties. D. An interested party may appeal from a final order of the department of transportation by filing a notice of appeal with the supreme court asking for review of the order within thirty days of the final order. The appellant shall pay to the department any costs of preparing and transmitting the record to the court. E. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may seek to obtain a stay from the department of transportation or the supreme court. F. The appeal shall be on the record of the hearing before the department of transportation and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the department's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. G. In the case of a failure or refusal of a person to comply with an order of the department of transportation within the time prescribed in the order or within thirty days after the order is entered, whichever is later, unless a stay has been granted, the department shall seek enforcement of the order in the district court. The enforcement hearing shall be held on an expedited basis. At the hearing, the sole question shall be whether the person has failed to comply with or violated the order.

Chapter 100 Section 2 Laws 2023 SECTION 2. DEPARTMENT OF TRANSPORTATION MAY INSPECT BOOKS AND RECORDS.--The department of transportation or person authorized by the department in writing under its seal to make an examination shall have the right at all times to inspect the books, papers and records of all such companies and common carriers doing business in this state relating to any matter pending before or being investigated by the department. Any officer, agent or employee of any such company or corporation or any person in charge of such books, papers and records who refuses to permit examination or who conceals, destroys or mutilates or attempts to conceal, destroy or mutilate any such books, papers or records or remove the same beyond the limits of the state for the purpose of preventing examination shall be deemed guilty of a misdemeanor and upon conviction may be fined not to exceed five hundred dollars ($500) or imprisoned in the county jail not more than six months. Chapter 100 Section 3 Laws 2023 SECTION 3. CARRIER INSPECTION--FEE.-- A. Each carrier doing business in this state that is subject to the control and jurisdiction of the department of transportation with respect to its rates and service shall pay annually to the department a fee in performance of its duties as now provided by law. The fee for carriers shall not exceed two hundred fifty-six thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year. This sum shall be payable annually on or before April 1 in each year. No similar fee shall be imposed upon the carrier. In the case of carriers engaged in interstate business, the fees shall be measured by the gross receipts of the carriers from intrastate business only for the preceding calendar year and not in any respect upon receipts derived wholly or in part from interstate business. B. When a fee is not paid on the date it is due, interest shall be paid to the state on the amount due. The interest on the amount due shall start to accrue on the day following the due date and shall continue to accrue until the total amount due is paid. The rate of interest on a late fee payment shall be fifteen percent per year, computed at the rate of one and one-fourth percent per month. C. In addition to any interest due on a late fee payment, a penalty shall be paid to the state for failure to pay the fee when it is due. The penalty imposed shall be two percent of the amount of the fee due. D. The attorney general, in the name of the state, shall bring suit to collect fees, interest and penalties that remain unpaid.

Chapter 100 Section 4 Laws 2023 SECTION 4. DISPOSITION OF FEES.--All money collected under the provisions of Section 3 of this 2023 act shall be deposited with the state treasurer who shall credit it to the general fund. Chapter 100 Section 5 Laws 2023 SECTION 5. EXEMPTIONS.--The provisions of Section 3 of this 2023 act shall not apply to common or contract motor carriers or aircraft carriers transporting passengers or property for hire. Chapter 100 Section 6 Laws 2023 SECTION 6. Section 5-1-1 NMSA 1978 (being Laws 1967, Chapter 167, Section 1, as amended) is amended to read: "5-1-1. POLITICAL SUBDIVISIONS--AMBULANCE SERVICE.-- A. A municipality or county may: (1) provide ambulance service to transport sick or injured persons to a place of treatment in the absence of an established ambulance service only as authorized by the department of transportation; (2) contract with other political subdivisions or with private ambulance services for the operation of its ambulance service; (3) lease ambulances and other equipment necessary to the operation of its ambulance service; (4) in the course of its operation of an ambulance service, proceed to the scene of a disaster beyond its subdivision boundaries when requested, providing no local established ambulance service is available or, if one exists, such local ambulance service deems its capacity inadequate or insufficient for emergency transportation of the disaster victims; and (5) transport sick or injured persons from the subdivision boundaries to any place of treatment. B. No personal action shall be maintained in any court of this state against any member or officer of a political subdivision for any tort or act done, or attempted to be done, when done by the authority of the political subdivision or in execution of its orders under this section. In all such cases, political subdivisions shall be responsible. Any member or officer of the political subdivision may plead the provisions of this section in bar of such action whether it is now pending or hereafter commenced."

Chapter 100 Section 7 Laws 2023 SECTION 7. Section 7-24A-4 NMSA 1978 (being Laws 1978, Chapter 182, Section 4) is amended to read: "7-24A-4. LIMITATIONS ON POWER.-- A. All contracts for work, material or labor in connection with such transportation shall be let in the manner provided by law for the letting of other contracts by the county or municipality. B. Transit service may not be extended to points outside the county in which a city is located or outside the boundaries of the county unless prior approval is obtained from the department of transportation and other regulatory bodies having jurisdiction in the matter." Chapter 100 Section 8 Laws 2023 SECTION 8. Section 22-17-1 NMSA 1978 (being Laws 1974, Chapter 38, Section 1) is amended to read: "22-17-1. SHORT TITLE.--Chapter 22, Article 17 NMSA 1978 may be cited as the "Emergency Transportation Act"." Chapter 100 Section 9 Laws 2023 SECTION 9. Section 22-17-2 NMSA 1978 (being Laws 1974, Chapter 38, Section 2, as amended) is amended to read: "22-17-2. DEPARTMENT OF TRANSPORTATION PERMITS.-- A. Subject to the Emergency Transportation Act, the department of transportation may approve a permit application of a school district operating its own school buses or of an independent school bus operator who operates school buses under contract with a school district for the operation of such buses for general public transportation if the department of transportation determines that: (1) the school district operating its own school buses or the independent school bus operator has complied with laws, regulations and other requirements governing transportation of the general public; (2) existing public or private transportation systems will not be adversely affected by the use of school buses for general public transportation; and (3) a public transportation emergency exists within the proposed area of operation necessitating the use of school buses for general public transportation.

B. Notice of approval or denial of the permit application shall be submitted to the state transportation director and to the applicant within ten days of final determination by the department of transportation. C. As used in the Emergency Transportation Act, "public transportation emergency" includes an event: (1) that is open to the public; (2) that, if in a class A county, is expected to attract over fifty thousand visitors and residents; (3) that has such insurance or surety as is necessary to insure against all losses and damages proximately caused by or resulting from the negligent operation, maintenance or use of school buses or for loss of or damage to property of others; and (4) for which school buses are needed to transport the public to the event because: (a) existing public transportation systems cannot adequately and timely transport the public to the event; (b) private transportation systems are unavailable or prohibitively expensive; or (c) the event and the surrounding area are likely to suffer economic hardship if school buses are not utilized pursuant to the Emergency Transportation Act." Chapter 100 Section 10 Laws 2023 SECTION 10. Section 22-17-3 NMSA 1978 (being Laws 1974, Chapter 38, Section 3) is amended to read: "22-17-3. STATE TRANSPORTATION DIRECTOR--APPROVAL.-- A. Upon the receipt of approval of the permit application from the department of transportation, the state transportation director may grant a permit to operate school buses for general public transportation to a school district that operates its own school buses or to the independent school bus operator who operates school buses under contract with a school district if the director determines that: (1) school bus service to students will not be adversely affected by issuance of the permit;

(2) the operation of school buses for general public transportation service by the school district or the independent operator will not provide unnecessary duplication of a general public transportation service by school buses of another school district or independent school bus operator contracting with another school district; and (3) there has been compliance with the rules and regulations of the state transportation director issued pursuant to the Emergency Transportation Act. B. The state transportation director subject to the approval of the secretary shall by regulation provide for application fees, forms and permit procedures pursuant to the Emergency Transportation Act. C. A permit issued under this section shall be valid for one year and shall be annually renewed upon payment of a reasonable application fee to the state transportation division and certification by the department of transportation of the permittee's compliance with all applicable laws. Notice of renewal of the permit shall be delivered by the state transportation division to the department of transportation and the local school board concerned." Chapter 100 Section 11 Laws 2023 SECTION 11. Section 22-17-4 NMSA 1978 (being Laws 1974, Chapter 38, Section 4) is amended to read: "22-17-4. TERMINATION OF PERMIT.--A permit issued pursuant to the Emergency Transportation Act shall be terminated by the state transportation director upon thirty days' written notice to the holder of the permit if the state transportation director receives written notice from: A. the department of transportation that it has determined that a public transportation emergency in the area in which the permittee provides general public transportation no longer exists or that public or private transportation systems are being adversely affected in the area; or B. the local school board that the local school board has determined that school bus service to students is being adversely affected by providing general public transportation under the permit." Chapter 100 Section 12 Laws 2023 SECTION 12. Section 24-10B-4 NMSA 1978 (being Laws 1983, Chapter 190, Section 4, as amended) is amended to read: "24-10B-4. BUREAU--DUTIES.--The bureau is designated as the lead agency for the emergency medical services system, including injury prevention, and shall establish

and maintain a program for regional planning and development, improvement, expansion and direction of emergency medical services throughout the state, including: A. design, development, implementation and coordination of emergency medical services communications systems to join the personnel, facilities and equipment of a given region or system that will allow for medical direction; B. provision of technical assistance to the department of transportation for further development and implementation of standards for certification of ambulance services, vehicles and equipment; C. development of requirements for the collection of data and statistics to evaluate the availability, operation and quality of providers in the state; D. adoption of rules for emergency medical services medical direction upon the recommendation of the medical direction committee; E. approval of continuing education programs for emergency medical services personnel; F. adoption of rules pertaining to the training and licensure of emergency medical dispatchers and their instructors; G. adoption of rules based upon the recommendations of a trauma advisory committee, for implementation and monitoring of a statewide, comprehensive trauma care system, including: (1) minimum standards for designation or retention of designation as a trauma center or a participating trauma facility; (2) pre-hospital care management guidelines for the triage and transportation of traumatized persons; (3) establishment for interfacility transfer criteria and transfer agreements; (4) standards for collection of data relating to trauma system operation, patient outcome and trauma prevention; and (5) creation of a state trauma care plan; H. adoption of rules, based upon the recommendations of the air transport advisory committee, for the certification of air ambulance services; I. adoption of rules pertaining to authorization of providers to honor advance directives, such as emergency medical services do not resuscitate forms, to withhold or

terminate care in certain pre-hospital or interfacility circumstances, as guided by local medical protocols; J. operation of a critical incident stress management program for emergency providers utilizing specifically trained volunteers who shall be considered public employees for the purposes of the Tort Claims Act when called upon to perform their duties; K. adoption of rules to establish a cardiac arrest targeted response program pursuant to the Cardiac Arrest Response Act, including registration of automated external defibrillator programs, maintenance of equipment, data collection, approval of automated external defibrillator training programs and a schedule of automated external defibrillator program registration fees; L. adoption of rules for the administration of an emergency medical services certification program for certified emergency medical services; and M. promoting, developing, implementing, coordinating and evaluating risk reduction and injury prevention systems." Chapter 100 Section 13 Laws 2023 SECTION 13. Section 24-15-4 NMSA 1978 (being Laws 1969, Chapter 218, Section 4, as amended) is amended to read: "24-15-4. INSURANCE.-- A. Every ski area operator shall file with the department of transportation and keep on file with the department proof of financial responsibility in the form of a current insurance policy in a form approved by the department, issued by an insurance company authorized to do business in the state and conditioned to pay, within the limits of liability prescribed in this section, all final judgments for personal injury or property damage proximately caused by or resulting from negligence of the ski area operator covered by the policy, as such negligence is defined and limited by the Ski Safety Act. The minimum limits of liability insurance to be provided by ski area operators shall be as follows: SKI SAFETY ACT LIABILITY INSURANCE LIMITS OF LIABILITY REQUIRED MINIMUM COVERAGES FOR INJURIES, DEATH OR DAMAGES KIND AND NUMBER OF LIFTS OPERATED LIMITS FOR BODILY INJURY TO OR DEATH OF ONE PERSON LIMITS FOR BODILY INJURY TO OR DEATH OF ALL PERSONS INJURED PROPERTY DAMAGE

OR KILLED IN ANY ONE ACCIDENT

Not more than three surface lifts $ 100,000 $ 300,000 $ 5,000

Not more than three ski lifts, including one or more chair lifts 250,000 500,000 25,000

More than three ski lifts or one or more tramways 500,000 1,000,000 50,000.

B. No ski lift or tramway shall be operated in this state after the effective date of the Ski Safety Act unless a current insurance policy as required by this section is in effect and properly filed with the department of transportation. Each policy shall contain a provision that it cannot be canceled prior to its expiration date without thirty days' written notice of intent to cancel served by registered mail on the insured and on the department." Chapter 100 Section 14 Laws 2023 SECTION 14. Section 24-15-8 NMSA 1978 (being Laws 1979, Chapter 279, Section 5) is amended to read: "24-15-8. DUTIES OF SKI AREA OPERATORS WITH RESPECT TO SKI LIFTS.--Every ski area operator has the duty to operate, repair and maintain all ski lifts in safe condition. The ski area operator, prior to December 1 of each year, shall certify to the department of transportation the policy number and name of the company providing liability insurance for the ski area, the date of the ski lift inspections and the name of the person making those inspections." Chapter 100 Section 15 Laws 2023 SECTION 15. Section 27-5-4 NMSA 1978 (being Laws 1965, Chapter 234, Section 4, as amended) is amended to read: "27-5-4. DEFINITIONS.--As used in the Indigent Hospital and County Health Care Act: A. "ambulance provider" or "ambulance service" means a specialized carrier based within the state authorized under provisions and subject to limitations as provided in individual carrier certificates issued by the department of transportation to transport persons alive, dead or dying en route by means of ambulance service. The rates and charges established by department of transportation tariff shall govern as to allowable

cost. Also included are air ambulance services approved by the county. The air ambulance service charges shall be filed and approved pursuant to Subsection D of Section 27-5-6 NMSA 1978 and Section 27-5-11 NMSA 1978; B. "cost" means all allowable costs of providing health care services, to the extent determined by resolution of a county, for an indigent patient. Allowable costs shall be based on medicaid fee-for-service reimbursement rates for hospitals, licensed medical doctors and osteopathic physicians; C. "county" means a county except a class A county with a county hospital operated and maintained pursuant to a lease or operating agreement with a state educational institution named in Article 12, Section 11 of the constitution of New Mexico; D. "department" means the human services department; E. "fund" means a county health care assistance fund; F. "health care services" means treatment and services designed to promote improved health in the county indigent population, including primary care, prenatal care, dental care, behavioral health care, alcohol or drug detoxification and rehabilitation, hospital care, provision of prescription drugs, preventive care or health outreach services, to the extent determined by resolution of the county; G. "indigent patient" means a person to whom an ambulance service, a hospital or a health care provider has provided medical care, ambulance transportation or health care services and who can normally support the person's self and the person's dependents on present income and liquid assets available to the person but, taking into consideration the person's income, assets and requirements for other necessities of life for the person and the person's dependents, is unable to pay the cost of the ambulance transportation or medical care administered or both; provided that if a definition of "indigent patient" is adopted by a county in a resolution, the definition shall not include any person whose annual income together with that person's spouse's annual income totals an amount that is fifty percent greater than the per capita personal income for New Mexico as shown for the most recent year available in the survey of current business published by the United States department of commerce. "Indigent patient" includes a minor who has received ambulance transportation or medical care or both and whose parent or the person having custody of that minor would qualify as an indigent patient if transported by ambulance, admitted to a hospital for care or treated by a health care provider; H. "medicaid eligible" means a person who is eligible for medical assistance from the department; I. "planning" means the development of a countywide or multicounty health plan to improve and fund health services in the county based on the county's needs

assessment and inventory of existing services and resources and that demonstrates coordination between the county and state and local health planning efforts; J. "public entity" means a state, local or tribal government or other political subdivision or agency of that government; and K. "qualifying hospital" means an acute care general hospital licensed by the department of health that is qualified to receive payments from the safety net care pool pursuant to an agreement with the federal centers for medicare and medicaid services." Chapter 100 Section 16 Laws 2023 SECTION 16. Section 48-11-7 NMSA 1978 (being Laws 1987, Chapter 314, Section 7, as amended) is amended to read: "48-11-7. ENFORCEMENT OF LIEN.-- A. An owner's lien, as provided under the Self-Service Storage Lien Act, for a claim that has become due may be satisfied as follows: (1) after the occupant has been in default continuously for a period of five days, the owner may deny the occupant access to the occupant's space for storage; (2) after the occupant has been in default continuously for a period of thirty days, the owner may enter the space and may remove the personal property within it to a safe place; provided that the owner has sent a notice of intent to enforce a lien, pursuant to Subsection B of this section, to the occupant at the occupant's last known address within five days of entering the space. The owner shall also give notice to all lienholders listed in the disclosure provision in the rental agreement; and (3) no action to sell any property as provided in the Self-Service Storage Lien Act shall be taken by an owner until the occupant has been in default continuously for a period of ninety days. B. The notice of intent to enforce a lien shall include: (1) an itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due; (2) a brief and general statement of the personal property subject to the lien. That description shall be reasonably adequate to permit the person notified to identify the property, except that any container, including a trunk, valise or box that is locked, fastened, sealed or tied in a manner that deters immediate access to its contents, may be so described without describing its contents;

(3) a notification of denial of access to the personal property. That notification shall provide the name, street address and telephone number of the owner or the owner's designated agent whom the occupant may contact to respond to that notification; (4) a demand for payment within a specified time, not less than fifteen days after the delivery of the notice; and (5) a conspicuous statement that unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale or other disposition and will be sold or otherwise disposed of to satisfy the owner's lien. C. All notices made pursuant to this section shall be by verified mail or electronic mail pursuant to the occupant's option at the time of entering into the current rental agreement. D. An owner shall provide written notice by verified mail to the occupant's last known address or by electronic mail to the occupant's last known electronic address. If an owner sends a notice by electronic mail and does not receive a response, return receipt or delivery confirmation from the electronic address to which the notice was sent within three business days after the day on which the notice was sent, the owner shall deliver a one-time notice by verified mail to the occupant's last known address. E. After the expiration of the time given in the notice of intent to enforce a lien, the owner shall publish an advertisement of the sale or other disposition of the property once a week for two consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include: (1) a brief and general description of the personal property reasonably adequate to permit its identification as provided in Paragraph (2) of Subsection B of this section, the address of the self-service storage facility where the personal property is located and the name and last known address of the occupant; and (2) the time, place and manner of the sale or other disposition. The sale or disposition shall take place not sooner than fifteen days after the first publication. If there is no newspaper of general circulation in the county where the self- service storage facility is located, the owner shall post the advertisement at least ten days prior to the sale or other disposition in at least six conspicuous places in the neighborhood where the self-service storage facility is located. F. Any sale or other disposition of the personal property shall conform to the terms of the notification as provided for in this section.

G. Any sale or other disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place within the county to where the personal property is held or stored or may be conducted on a publicly accessible online website. H. Before any sale or other disposition of personal property pursuant to this section is made, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section and thereby redeem the property. Upon receipt of the payment, the owner shall return the personal property and thereafter the owner shall have no liability to any person with regard to that personal property. I. A good faith purchaser takes the property free of any rights of an unsecured lienholder and free of any rights of a secured lienholder who has received notice by owner as provided in this section. J. In the event of a sale under this section, the owner may satisfy the owner's lien from the proceeds of the sale, subject to the rights of any prior lienholder who has not received notice. The lien rights of such prior lienholder are automatically transferred to the proceeds of the sale. If the sale was made in good faith and conducted in a reasonable manner, the owner shall not be subject to any surcharge for a deficiency in the amount of a prior secured lien, but shall hold the balance, if any, for delivery to the occupant, lienholder or other person in interest. If the occupant, lienholder or other person in interest does not claim the balance of the proceeds within two years of the date of sale, it shall become the property of the owner without further recourse by the occupant, lienholder or other person in interest. K. Nothing in this section affects the rights and liabilities of the owner, occupant or any other person if there is a willful violation of any of the provisions of the Self-Service Storage Lien Act. If the property subject to a lien described in this section is a vehicle, watercraft or trailer, the occupant is in default for a continuous sixty-day period and the owner chose not to sell the vehicle, the owner may have the vehicle towed from the self-storage facility by an independent towing carrier that is licensed by the department of transportation pursuant to the Motor Carrier Act. Within one day after the day on which a vehicle is towed, the owner shall send verified notice to the occupant's last known address or electronic address that states: (1) the date the vehicle was towed; and (2) the address and telephone number of the person that towed the vehicle." Chapter 100 Section 17 Laws 2023 SECTION 17. Section 62-19-5 NMSA 1978 (being Laws 2013, Chapter 64, Section 1, as amended) is amended to read:

"62-19-5. QUALIFICATIONS OF COMMISSIONERS.-- A. Commissioners shall be persons who are independent of the industries regulated by the commission and shall possess demonstrated competence. B. In order to be appointed as a commissioner, a person must be qualified for office by: (1) having a baccalaureate degree from an institution of higher education that has been accredited by a regional or national accrediting body and at least ten years of professional experience in an area regulated by the commission or in the energy sector and involving a scope of work that includes accounting, public or business administration, economics, finance, statistics, policy, engineering or law; or (2) having higher education resulting in at least a professional license or a post-graduate degree from an institution of higher education that has been accredited by a regional or national accrediting body in a field related to an area regulated by the commission, including accounting, public or business administration, economics, finance, statistics, policy, engineering or law, and at least ten years of professional experience within the person's field. C. A commissioner shall not have a financial interest in a public utility in this state or elsewhere and shall not have been employed by a commission-regulated entity at any time during the two years prior to appointment to the commission. D. Commissioners shall give their entire time to the business of the commission and shall not pursue any other business or vocation or hold any other office for profit. E. As used in this section, "professional experience" means employment in which the prospective appointee for commissioner regularly made decisions requiring discretion and independent judgment and: (1) engaged in policy analysis, research, consumer advocacy or implementation in an area regulated by the commission or in the energy sector; (2) managed, as the head, deputy head or division director, a federal, state, tribal or local government department or division responsible for utilities, energy policy or construction; or (3) managed a business or organization regulated by the commission or in the energy sector that had five or more employees during the time it was managed by the prospective appointee."

Chapter 100 Section 18 Laws 2023 SECTION 18. Section 62-19-12 NMSA 1978 (being Laws 1998, Chapter 108, Section 6, as amended) is amended to read: "62-19-12. COMMISSION--ORGANIZATIONAL UNITS.--The commission includes the following organizational units: A. the administrative services division; B. the consumer relations division; C. the legal division; D. the utility division; and E. the pipeline safety bureau." Chapter 100 Section 19 Laws 2023 SECTION 19. Section 62-19-16 NMSA 1978 (being Laws 1998, Chapter 108, Section 11) is repealed and a new Section 62-19-16 NMSA 1978 is enacted to read: "62-19-16. PIPELINE SAFETY BUREAU.--The pipeline safety bureau shall serve as staff to the commission for the regulation of pipelines and pipeline safety, as provided by law." Chapter 100 Section 20 Laws 2023 SECTION 20. Section 63-1-41 NMSA 1978 (being Laws 1878, Chapter 1, Section 8-22, as amended) is amended to read: "63-1-41. ANNUAL REPORT.--Every railroad corporation shall make an annual report to the department of transportation of the operations of the year ending on December 31. The president or general superintendent and the secretary and treasurer of the corporation shall verify the report. A railroad corporation shall file the report with the department of transportation on or before March 1 next ensuing and shall state: A. the capital stock and the amount thereof actually paid in; B. the amount paid for the purchase of lands for the construction of the road, for buildings, engines and cars, respectively; C. the amount and nature of the indebtedness of the corporation and the amount due to it;

D. the amount received for the transportation of passengers, property, mails, express matter, respectively, and the amount received from any other sources; E. the amount of freight transported, specifying the quantity in tons; F. the amount paid for the repair of engines, cars, buildings and other expenses, in gross, showing the current expense of running its road; G. the number and amount of dividends and when paid; and H. the number of engine houses and shops, of engines and cars and their character." Chapter 100 Section 21 Laws 2023 SECTION 21. Section 63-7-1.1 NMSA 1978 (being Laws 1998, Chapter 108, Section 52) is amended to read: "63-7-1.1. COMMISSION POWERS AND DUTIES--TRANSMISSION COMPANIES--TELEPHONE AND TELEGRAPH COMPANIES.-- A. With respect to transmission companies, the commission shall: (1) fix, determine, supervise, regulate and control all charges and rates of telegraph, telephone and other transmission companies within the state; (2) determine any matters of public convenience and necessity with respect to matters subject to its regulatory authority as provided by law; (3) change, amend and rescind rates; (4) enforce its rules through administrative sanctions and in the courts; and (5) carry out all other duties and have all other powers provided by law. B. In fixing rates of telephone and telegraph companies, due consideration shall be given to the earnings, investments and expenditures as a whole within the state. The commission shall include in that consideration the earnings, investments and expenditures derived from or related to the sale of directory advertising and other directory listing services. C. The commission may subpoena witnesses and documents, enforce its subpoenas through any court and, through the court, punish for contempt.

D. The commission has the power, after notice and hearing of record, to determine and decide any question and to issue orders relating to its powers and duties. E. An interested party may appeal from a final order of the commission by filing a notice of appeal with the supreme court asking for review of the order within thirty days of the final order. The appellant shall pay to the commission any costs of preparing and transmitting the record to the court. F. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may seek to obtain a stay from the commission or the supreme court. G. The appeal shall be on the record of the hearing before the commission and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the commission's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. H. In the case of a failure or refusal of any person to comply with an order of the commission within the time prescribed in the order or within thirty days after the order is entered, whichever is later, unless a stay has been granted, the commission shall seek enforcement of the order in the district court. The enforcement hearing shall be held on an expedited basis. At the hearing, the sole question shall be whether the person has failed to comply with or violated the order." Chapter 100 Section 22 Laws 2023 SECTION 22. Section 63-7-20 NMSA 1978 (being Laws 1951, Chapter 194, Section 1, as amended) is amended to read: "63-7-20. UTILITY INSPECTION--FEE.-- A. Each utility doing business in this state that is subject to the control and jurisdiction of the commission by virtue of the provisions of Article 11 of the constitution of New Mexico with respect to its rates and service shall pay annually to the commission a fee in performance of its duties as now provided by law. The fee for utilities shall not exceed five hundred eleven thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year. This sum shall be payable annually on or before April 1 in each year. No similar fee shall be imposed upon the utility. In the case of utilities engaged in interstate business, the fees shall be measured by the gross receipts of the utilities from intrastate business only for the preceding calendar year and not in any respect upon receipts derived wholly or in

part from interstate business. As used in this section, "utility" includes telephone companies and transmission companies but does not include public utilities subject to the Public Utility Act. B. When a fee is not paid on the date it is due, interest shall be paid to the state on the amount due. The interest on the amount due shall start to accrue on the day following the due date and shall continue to accrue until the total amount due is paid. The rate of interest on a late fee payment shall be fifteen percent per year, computed at the rate of one and one-fourth percent per month. C. In addition to any interest due on a late fee payment, a penalty shall be paid to the state for failure to pay the fee when it is due. The penalty imposed shall be two percent of the amount of the fee due. D. The attorney general, in the name of the state, shall bring suit to collect fees, interest and penalties that remain unpaid." Chapter 100 Section 23 Laws 2023 SECTION 23. Section 63-7-22 NMSA 1978 (being Laws 1951, Chapter 194, Section 3) is amended to read: "63-7-22. EXEMPTIONS.--The provisions of Sections 63-7-20 through 63-7-22 NMSA 1978 shall not apply to pipelines that are used for the transportation of oil, natural gas or the products thereof." Chapter 100 Section 24 Laws 2023 SECTION 24. Section 64-1-12 NMSA 1978 (being Laws 1963, Chapter 314, Section 2, as amended) is amended to read: "64-1-12. DEFINITIONS.--As used in the Aviation Act: A. "aircraft" means airplane and helicopter; B. "pilot" means any person participating in the operation of an aircraft while it is in flight; C. "passenger" means any person riding in an aircraft except a pilot; D. "department" means the department of transportation; E. "division" means the aviation division of the department; F. "director" means the director of the division; and

G. "secretary" means the secretary of transportation." Chapter 100 Section 25 Laws 2023 SECTION 25. Section 64-1-13 NMSA 1978 (being Laws 1963, Chapter 314, Section 5, as amended) is amended to read: "64-1-13. AVIATION DIVISION--POWERS AND DUTIES.--The division shall: A. cooperate with all public and private agencies and organizations, state, local and federal, to encourage and advance aviation in this state; B. assemble and distribute to the public information relating to aviation, landing fields, beacons and other matters pertaining to aviation and may accept federal money made available for the advancement of aviation; C. authorize expenditures of money from the state aviation fund for construction, development and maintenance of public-use airport facilities, except airports serving regularly scheduled interstate airlines using aircraft with a maximum passenger capacity of more than one hundred seats or a maximum payload capacity of more than twenty-five thousand pounds, including rural landing fields and airstrips. Expenditures shall be made according to the need for airport facilities as determined by the division; D. operate under a director, appointed by the secretary, with the approval of the governor, who shall have an aviation background and meet other qualifications prescribed by the secretary; E. establish policies for operation of the division; F. promulgate rules for proper enforcement of aviation laws; G. provide for a surety bond, paid from the state aviation fund, issued by a corporate surety company licensed to do business in New Mexico, in an amount set by the state board of finance, on a form approved by the attorney general, conditioned upon the faithful performance of the duties of the personnel of the division who expend or authorize the expenditure of state funds; H. have the following powers with respect to state airports: (1) the division may, on behalf of and in the name of the state, out of appropriations and other money made available for such purposes, plan, construct, enlarge, improve, maintain, equip and operate airports and air navigation facilities, including the construction, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers. For such purposes, the division may, in the name of the

state, by purchase, gift, devise, lease or otherwise, acquire property, real or personal, or any interest in property, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airports or air navigation facilities. The division may enter into any contracts necessary to the execution of the powers granted it by this paragraph; and (2) the division may accept, receive, receipt for, disburse and expend federal money and other money, public or private, made available to accomplish, in whole or in part, any of the purposes of this subsection. All federal money accepted under this subsection shall be accepted and expended by the division upon such terms and conditions as are prescribed by the United States. The division, on behalf of the state, may enter into contracts with the United States or with any person that may be required in connection with a grant or loan of federal money for airport or air navigation facility purposes. All money received by the division pursuant to this subsection is appropriated for the purpose for which the money was made available, to be disbursed or expended in accordance with the terms and conditions upon which the money was made available; provided that nothing contained in this section shall affect the power of a local government to contract with the United States or any person in connection with a grant or loan of money for airports or air navigation facilities in accordance with the terms and conditions upon which the funds were made available; and I. have the power to engage in planning for the development of a system of public airports within the state." Chapter 100 Section 26 Laws 2023 SECTION 26. Section 64-1-14 NMSA 1978 (being Laws 1963, Chapter 314, Section 6, as amended) is amended to read: "64-1-14. DIRECTOR--POWERS AND DUTIES.--The director shall: A. be the executive officer of the division; B. with the consent of the secretary, employ necessary personnel; and C. administer the aviation laws of this state and enforce the policies, rules and regulations of the division." Chapter 100 Section 27 Laws 2023 SECTION 27. Section 64-6-3 NMSA 1978 (being Laws 2021, Chapter 47, Section 3, as amended) is amended to read: "64-6-3. RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM.--

A. The "rural air service enhancement grant program" is created in the division to be administered by the director. B. The director shall: (1) establish and publish deadlines and guidelines for the submission of grant applications; (2) develop procedures for receipt, review and approval of grant applications; (3) receive, review and approve grant applications; (4) monitor municipalities' and counties' use of grant money by reviewing annual reports submitted to the director to ensure that grants are used consistently with the terms of the grant awards; (5) establish grant reporting requirements that meet the general purpose of the Rural Air Service Enhancement Act; and (6) perform other duties as necessary to carry out the provisions of the Rural Air Service Enhancement Act. C. Each fiscal year, competitive grants for minimum revenue guarantees shall be awarded to applicants for the sole purpose of funding rural air service enhancement grants. D. The director shall award grants to applicants through a competitive process and based upon the following criteria: (1) the demand for service on the proposed new air routes or expanded air routes; (2) the economic impact on the municipality or county of the proposed new air routes or expanded air routes; and (3) the feasibility of a common carrier servicing proposed new air routes or expanded air routes. E. Applicants shall meet the following minimum criteria to be eligible for a grant: (1) municipalities or counties shall have a minimum population of twenty thousand persons residing within a fifty-mile radius of the airport unless the municipality or county has existing air routes;

(2) aircraft to be used to service proposed new air routes or expanded air routes served by the rural air service enhancement grant program shall have a passenger capacity of not more than thirty persons; and (3) minimum matching funds from a municipality or county shall be: (a) ten percent if the municipality or county has no existing scheduled air routes at the time of application; and (b) twenty percent if the municipality or county has existing scheduled air routes at the time of application. F. Individual grants awarded through the rural air service enhancement grant program shall not: (1) exceed two million two hundred fifty thousand dollars ($2,250,000) per year for municipalities or counties with existing scheduled air routes; (2) exceed two million seven hundred fifty thousand dollars ($2,750,000) per year for municipalities or counties not served by existing scheduled air routes; or (3) be used for infrastructure improvement. G. Individual grants awarded through the rural air service enhancement grant program shall cover a time frame of at least two years. If funds are available in the rural air service enhancement fund, the director may extend the term of an existing grant up to three additional years. H. No more than ten percent of the balance of the rural air service enhancement fund on July 1 of any year may be used by the division for infrastructure improvements associated with individual grants awarded through the rural air service enhancement grant program. I. Funds received through individual grants awarded through the rural air service enhancement grant program shall be expended by the grantee municipality or county only to airlines that have been selected through a competitive process pursuant to the Procurement Code." Chapter 100 Section 28 Laws 2023 SECTION 28. Section 65-1-6 NMSA 1978 (being Laws 1967, Chapter 97, Section 8, as amended) is amended to read: "65-1-6. FIELD ENFORCEMENT OF MOTOR TRANSPORTATION ACT AND MOTOR CARRIER ACT AND RULES.--The department shall:

A. enforce in the field the provisions of the Motor Transportation Act and the Motor Carrier Act and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act; and B. maintain sufficient personnel in the field to enforce the provisions of the Motor Transportation Act and the Motor Carrier Act and the rules promulgated by the department of transportation pursuant to the Motor Carrier Act." Chapter 100 Section 29 Laws 2023 SECTION 29. Section 65-1-27 NMSA 1978 (being Laws 1967, Chapter 97, Section 17, as amended) is amended to read: "65-1-27. HEARINGS--ATTENDANCE.--The secretary or the secretary's representative may attend all hearings held by the department of transportation concerning motor transportation. The department of transportation shall notify the secretary of all such hearings, and the department is declared to be an interested party and as such may present evidence pertaining to matters under consideration by the department of transportation. The department of transportation shall send copies of all orders entered by the department of transportation in motor transportation matters to the department." Chapter 100 Section 30 Laws 2023 SECTION 30. Section 65-2A-1 NMSA 1978 (being Laws 2003, Chapter 359, Section 1) is amended to read: "65-2A-1. SHORT TITLE.--Chapter 65, Article 2A NMSA 1978 may be cited as the "Motor Carrier Act"." Chapter 100 Section 31 Laws 2023 SECTION 31. Section 65-2A-3 NMSA 1978 (being Laws 2003, Chapter 359, Section 3, as amended) is amended to read: "65-2A-3. DEFINITIONS.--As used in the Motor Carrier Act: A. "ability to provide certificated service" means that an applicant or carrier can provide reasonably continuous and adequate transportation service of the type required by its application or its operating authority in the territory authorized or sought to be authorized; B. "ambulance service" means the intrastate transportation of sick or injured persons in an ambulance meeting the standards established by the department under the Ambulance Standards Act;

C. "amendment of a certificate" means a permanent change in the type or nature of service, territory or terms of service authorized by an existing certificate; D. "antitrust laws" means the laws of this state relating to combinations in restraint of trade; E. "base state" means the registration state for an interstate motor carrier that either is subject to regulation or is transporting commodities exempt from regulation by the federal motor carrier safety administration pursuant to the unified carrier registration system; F. "cancellation of an operating authority" means the voluntary, permanent termination of all or part of an operating authority; G. "certificate" means the authority issued by the department to a person that authorizes the person to offer and provide a certificated service as a motor carrier; H. "certificated service" means one of the following transportation services: (1) an ambulance service; (2) a household goods service; (3) a shuttle service; (4) a specialized passenger service; or (5) a taxicab service; I. "change in a certificate" means the voluntary amendment, cancellation, change in form of legal entity of the holder, lease, reinstatement, transfer or voluntary suspension of a certificate; J. "charter service" means the compensated transportation of a group of persons in a motor vehicle who, pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle and driver, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin; K. "commuter service" means the intrastate transportation of passengers in motor vehicles having a capacity of seven to fifteen persons, including the driver, provided to a volunteer-driver commuter group that shares rides to and from the workplace or training site, where participation is incidental to the primary work or training-related purposes of the commuter group, and where the fees paid by the participants do not exceed the costs for transportation, including gas and other trip- related expenses;

L. "continuous and adequate service" means: (1) for full-service carriers, reasonably continuous availability, offering and provision of transportation services through motor vehicles, equipment and resources satisfying safety and financial responsibility requirements under the Motor Carrier Act and department rule, that are reasonably adequate to serve the entire full- service territory authorized in the certificate, with reasonable response to all requests for service for the nature of passenger service authorized, based on the nature of public need, expense and volume of demand for the type of service authorized during seasonal periods; and (2) for general-service carriers, reasonably continuous availability and offering of transportation services through motor vehicles, equipment and resources satisfying safety and financial responsibility requirements under the Motor Carrier Act and department rule for the nature of the transportation service authorized in the certificate; M. "contract driver" means a person who contracts with a motor carrier as an independent contractor to drive a vehicle pursuant to an operating authority issued to the motor carrier; N. "department" means the department of transportation; O. "endorsement" means the specification in a certificate of the territory in which the carrier is authorized to operate, the nature of service to be provided by a certificated passenger service and any additional terms of service that may be reasonably granted or required by the department for the particular authority granted; P. "fare" means the full compensation charged for transportation by a tariffed passenger service; Q. "financial responsibility" means the ability to respond in damages for liability arising out of the ownership, maintenance or use of a motor vehicle in the provision of transportation services; R. "fitness to provide a transportation service" means that an applicant or carrier complies with state law as provided in the Motor Carrier Act or by rule of the department; S. "for hire" means that transportation is offered or provided to the public for remuneration, compensation or reward of any kind, paid or promised, either directly or indirectly; T. "full service" means one of the following certificated passenger services that are endorsed and required to meet specific standards for the provision of service to or throughout a community:

(1) an ambulance service; (2) a scheduled shuttle service; or (3) a municipal taxicab service; U. "general service" means one of the following certificated services that provides transportation services of the type authorized, but is not required to provide unprofitable or marginally profitable carriage: (1) a general shuttle service; (2) a general taxicab service; (3) a specialized passenger service; or (4) a household goods service; V. "highway" means a way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction; W. "holder of an operating authority" means the grantee of the operating authority or a person that currently holds all or part of the right to exercise the authority through a transfer by operation of law; X. "household goods" means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of the dwelling and other similar property as the federal motor carrier safety administration may provide by regulation, but shall not include property moving to or from a factory or store, other than property the householder has purchased to use in the householder's dwelling that is transported at the request of, and the transportation charges are paid to the carrier by, the householder; Y. "household goods service" means the intrastate transportation, packing and storage of household goods for hire; Z. "interested person" means a motor carrier operating in the territory involved in an application or grant of temporary authority, a person affected by an order of the department or a rule proposed for adoption by the department or a person the department may deem interested in a particular matter; AA. "interstate motor carrier" means a person providing compensated transportation in interstate commerce, whether or not the person is subject to regulation by the federal motor carrier safety administration;

BB. "intrastate motor carrier" means a motor carrier offering or providing transportation for hire by motor vehicle between points and places in the state; CC. "involuntary suspension" means the temporary cessation of use of all or part of an operating authority ordered by the department for cause for a stated period of time or pending compliance with certain conditions; DD. "lease of a certificate" means an agreement by which the holder of a certificate grants to another person the exclusive right to use all or part of the certificate for a specified period of time in exchange for consideration, but does not include an agreement between a motor carrier and its contract driver; EE. "lease of equipment" means an agreement whereby a motor carrier obtains equipment owned by another person for use by the motor carrier in the exercise of its operating authority, but does not include an agreement between a motor carrier and its contract driver; FF. "motor carrier" or "carrier" means a person offering or providing transportation of persons, property or household goods for hire by motor vehicle, whether in intrastate or interstate commerce; GG. "motor carrier organization" means an organization approved by the department to represent motor carriers and to discuss and propose industry interests and matters other than rates, as well as discussing and proposing rates and other matters pertaining to statewide tariffs; HH. "motor vehicle" or "vehicle" means a vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power and used on a highway in the transportation of property, household goods or persons, but does not include a vehicle, locomotive or car operated exclusively on rails; II. "nature of service" means the type of transportation service to be provided by a certificated passenger service as set forth in Subsection A of Section 65-2A-8 NMSA 1978; JJ. "nonconsensual tow" means the compensated transportation of a motor vehicle by a towing service, if such transportation is performed at the request of a law enforcement officer or without the prior consent or authorization of the owner or operator of the motor vehicle; KK. "notice period" means the period of time specified in Section 65-2A-6 NMSA 1978 following publication of notice during which the department may not act; LL. "objection" means a document filed with the department by an interested person or a member of the public during the notice period for an application for a

certificate, or for amendment, lease or transfer of a certificate, that expresses an objection to, or provides information concerning, the matter before the department; MM. "operating authority" means a certificate, warrant, unified carrier registration or temporary authority issued by the department to a motor carrier; NN. "passenger" means a person other than the driver of a motor vehicle transported in a motor vehicle; OO. "passenger service" means a transportation service offered or provided for the transportation of passengers by motor vehicle; PP. "predatory rate or practice" means the knowing and willful requirement by a carrier that a passenger or shipper pay a rate, fare or other charge in excess of the rates and charges or in a manner other than in accordance with terms of service as provided by law, as provided in a tariff governing the carrier or as provided in a preexisting written contract regarding the carriage, when such charge is made: (1) by a passenger carrier as a prior condition for the provision of transportation or continued transportation of a passenger; or (2) as a prior condition by a towing service carrier performing nonconsensual tows or a household goods service carrier for delivery of, release of or access to vehicles or household goods by the shipper or registered owner; QQ. "process" means, in the context of legal process, an order, subpoena or notice issued by the department or an order, subpoena, notice, writ or summons issued by a court; RR. "property" means movable articles of value, including cadavers, hazardous matter, farm products, livestock feed, stock salt, manure, wire, posts, dairy products, livestock hauled in lots of twenty-five thousand pounds or more, farm or ranch machinery and the items transported by a towing service, but does not include household goods or unprocessed farm products transported by a farmer from the place of harvesting to market, storage or a processing plant; SS. "protest" means a document in the form of a pleading filed with the department by a full-service carrier that expresses an objection to an application before the department for a certificate for passenger service, for ambulance service or for passenger service pursuant to a public-charge contract or for amendment, lease or transfer of such a certificate: (1) when the territory involved in the application includes all or a portion of the full-service territory of the protesting carrier; and

(2) for a carrier other than an ambulance service carrier, when the grant of the application will, or presents a reasonable potential to, impair, diminish or otherwise adversely affect its existing provision of full-service passenger service to the public within its full-service territory; TT. "public-charge contract" means a contract or contractual arrangement between a motor carrier and a third party for passenger service that requires or allows the motor carrier to charge passengers a fare for the transportation service to be provided pursuant to the contract; UU. "rate" means a form of compensation charged, whether directly or indirectly, by a person for a transportation service subject to the jurisdiction of the department; VV. "record of a motor carrier" means an account, correspondence, memorandum, tape, disc, paper, book or transcribed information, or electronic data information, including the electronic hardware or software necessary to access the electronic data information in its document form, regarding the operation of a motor carrier; WW. "registration year" means a calendar year; XX. "revocation" means the involuntary, permanent termination of all or part of an operating authority ordered by the department for cause; YY. "shipper" means a person who consigns or receives property or household goods for transportation; ZZ. "shuttle service" means the intrastate transportation of passengers for hire pursuant to a set fare for each passenger between two or more specified terminal points or areas and includes both scheduled shuttle service and general shuttle service as follows: (1) "scheduled shuttle service" means a shuttle service that transports passengers to and from an airport both through prior arrangement and through presentment at terminal locations, on the basis of a daily time schedule filed with the department, that must be met in a timely fashion with a vehicle present at the terminal location regardless of the number of passengers carried on any run, if any, and that includes general shuttle service; and (2) "general shuttle service" means a shuttle service that is not required to operate on a set schedule, that may optionally use a grid map to specify distant or adjacent terminal areas and that is not required to accept passengers other than pre- arranged passengers;

AAA. "specialized passenger service" means the intrastate transportation for hire of passengers with special physical needs by specialized types of vehicles, or for specialized types of service to the public or community, as the department may by rule provide; BBB. "tariff" means a document filed by a tariffed service carrier that has been approved by the department and sets forth the transportation services offered by the motor carrier to the general public, including the rates, terms of service and applicable time schedules relating to those services; CCC. "tariffed service" means one of the following transportation services authorized by the department for the provision of service on the basis of rates and terms of service contained in a tariff approved by the department: (1) an ambulance service; (2) a household goods service; (3) a shuttle service; (4) a specialized passenger service; (5) a taxicab service; or (6) a towing service performing nonconsensual tows; DDD. "taxicab association" means an association, cooperative or other legal entity whose members are taxicab drivers, which shall be treated in the same manner as any other applicant with regard to applications for a certificate for general taxicab service or for full-service municipal taxicab service and which shall be subject in the same manner to all other provisions, requirements and limitations of the Motor Carrier Act; EEE. "taxicab service" means intrastate transportation of passengers for hire in a motor vehicle having a capacity of not more than eight persons, including the driver, for which the passenger or other person engaging the vehicle is allowed to specify not only the origin and destination points of the trip but also, within reason, the route taken by the vehicle, any intermediate stop, any optional waiting at a stop and any other passengers transported during the trip and that charges a fare for use of the vehicle primarily on the basis of a drop-flag fee, cumulative mileage and cumulative wait time through a taxicab meter used to cumulate and display the fare to the passenger and includes both municipal taxicab service and general taxicab service, as follows: (1) "municipal taxicab service" means a taxicab service that deploys vehicles at all times of the day and year, is centrally dispatched and reasonably responds to all calls for service within its endorsed full-service territory regardless of

profitability of the individual trip, in addition to the transportation service provided by a general taxicab service; and (2) "general taxicab service" means a taxicab service that need not be dispatched, that may pick up on-demand passengers through flagging or at a taxicab stand or queue, that need not deploy vehicles in any particular manner and that may charge for trips to destination points or places outside of the taxicab service's certificated territories on the basis of a set fare; FFF. "terms of service" means all terms, aspects, practices, limitations, conditions and schedules of service other than specific rate amounts pertaining to a tariffed service; GGG. "towing service" means the use of specialized equipment, including repossession services using towing equipment, to transport or store: (1) a damaged, disabled or abandoned motor vehicle and its cargo; (2) a motor vehicle to replace a damaged, disabled or abandoned motor vehicle; (3) parts and equipment to repair a damaged, disabled or abandoned motor vehicle; (4) a motor vehicle whose driver has been declared unable to drive by a law enforcement officer; (5) a motor vehicle whose driver has been removed from the scene or is unable to drive; or (6) a motor vehicle repossessed or seized pursuant to lawful authority; HHH. "transfer of a certificate" means a permanent conveyance of all or part of a certificate; III. "transfer by operation of law" means that all or a part of a grantee's interest in an operating authority passes to a fiduciary or other person by application of established rules of law; JJJ. "transportation service" means transportation subject to the jurisdiction of the department, offered or provided by a motor carrier, that requires the carrier to obtain an operating authority from the department under the Motor Carrier Act, regardless of whether the motor carrier has obtained appropriate operating authority from the department;

KKK. "verification" means a notarized signature verifying the contents of the document or other filing or a signature verifying the contents of the document or other filing under penalty of perjury, expressly providing that the signatory swears or affirms the contents under penalty of perjury as provided in Subsection A of Section 65-2A-33 NMSA 1978; LLL. "voluntary suspension" means the department-authorized cessation of use of all or part of a certificate at the request of the holder for a specified period of time, not to exceed twelve consecutive months; MMM. "warrant" means the authority issued by the department to a person that authorizes the person to offer and provide a warranted service as a motor carrier; NNN. "warranted service" means one of the following intrastate transportation services offered or provided for hire: (1) a charter service; (2) a property transportation service; or (3) a towing service; and OOO. "weight-bumping" means the knowing and willful statement of a fraudulent weight on a shipment of household goods." Chapter 100 Section 32 Laws 2023 SECTION 32. Section 65-2A-4 NMSA 1978 (being Laws 2003, Chapter 359, Section 4, as amended by Laws 2013, Chapter 73, Section 3 and by Laws 2013, Chapter 77, Section 3) is amended to read: "65-2A-4. POWERS AND DUTIES OF THE DEPARTMENT.-- A. In accordance with the Motor Carrier Act, the department shall: (1) issue operating authorities for a motor carrier operating in New Mexico; (2) establish minimum requirements for financial responsibility for motor carriers; provided that the financial responsibility standards required shall not be inconsistent with applicable federal standards; (3) establish safety requirements for intrastate motor carrier motor vehicles and drivers subject to the jurisdiction of the department; provided that the safety requirements shall not be inconsistent with or more stringent than applicable federal safety standards;

(4) establish reasonable requirements with respect to continuous and adequate service to be provided under an operating authority; (5) regulate the rates of tariffed service carriers to the extent provided in the Motor Carrier Act, including rates and terms of service for storing household goods and motor vehicles; (6) determine matters of public interest and other matters relating to authorities, rates, territories, nature of service and other terms of service of motor carriers; (7) have jurisdiction to determine any matter under the Motor Carrier Act relating to any transportation service carrier that has not obtained an appropriate operating authority from the department; (8) subpoena witnesses and records, enforce its subpoenas through a court and, through the court, seek a remedy for contempt; (9) hold a public hearing specific to a protest or a request by the traffic safety bureau of the department that has been filed within the notice period in opposition to or in consideration of an application; (10) create a statewide tariff for household goods service carriers establishing maximum rates that may be charged by carriers; and (11) adopt rules, issue orders and conduct activities necessary to implement and enforce the Motor Carrier Act. B. The department may: (1) designate inspectors who may inspect the records of a motor carrier subject to the Motor Carrier Act and who shall have the powers of peace officers in the state's political subdivisions with respect to a law or rule that the department is empowered to enforce pursuant to Section 65-1-6 NMSA 1978, excluding the enforcement authority granted to the New Mexico state police division of the department of public safety; (2) institute civil actions in the district court of Santa Fe county in its own name to enforce the Motor Carrier Act, its orders and rules, and in the name of the state to recover assessments of administrative fines; (3) from time to time, modify the type and nature of service, territory and terms of service of operating authorities previously issued, and change or rescind rates previously approved;

(4) establish statewide tariffs as needed for voluntary and optional use by tariffed service carriers; and (5) adopt rules to implement these powers." Chapter 100 Section 33 Laws 2023 SECTION 33. Section 65-2A-5 NMSA 1978 (being Laws 2003, Chapter 359, Section 5, as amended by Laws 2013, Chapter 73, Section 4 and by Laws 2013, Chapter 77, Section 4) is amended to read: "65-2A-5. APPLICATIONS IN GENERAL--MINISTERIAL GRANTS OF AUTHORITY--WHEN PUBLIC HEARINGS REQUIRED.-- A. A person shall file an application for any matter for which department approval is required. An application shall be made in writing, verified and in a form that contains information and is accompanied by proof of service upon interested persons as required by the department. B. The department shall simplify to the extent possible the process for approving applications. The department may hold a public hearing on its own initiative or specific to an objection that has been filed within the notice period in opposition to or in consideration of an application. C. The department shall hold a public hearing on an application whenever a protest is filed concerning the application during the notice period or the traffic safety bureau of the department requests a hearing during the notice period. D. The department may approve or deny an application in whole or in part, or allow or require particular terms of service as it may find reasonable and appropriate. If no objection, protest or request for hearing by the traffic safety bureau of the department is filed during the notice period, the department may grant the application by ministerial action, if the application complies with the provisions of the Motor Carrier Act and the rules of the department regarding fitness, ability, financial responsibility and safety." Chapter 100 Section 34 Laws 2023 SECTION 34. Section 65-2A-6 NMSA 1978 (being Laws 2003, Chapter 359, Section 6, as amended by Laws 2013, Chapter 73, Section 5 and by Laws 2013, Chapter 77, Section 5) is amended to read: "65-2A-6. NOTICE.-- A. The department shall electronically publish notice regarding an application before the department for a certificate or for a change in a certificate, regarding

proposed rulemaking, or regarding other orders of the department of general application, by posting a copy of the notice or document on the department's internet website and sending electronic mail to all motor carriers, public officials or agencies, or other persons or entities who have previously supplied electronic mail addresses to the department for the purpose of publication, advising such persons of the filing and posting. If the department in its discretion should also require publication by newspaper, the requirement is met if notice is published once in a newspaper of general circulation in the state. The department shall not act on an application for a certificate or for an amendment, lease or transfer of a certificate less than twenty days after the date notice was published. B. Whenever the Motor Carrier Act requires publication of notice regarding any other matter, the requirement is met if notice is published once in a newspaper of general circulation in the state. The department shall not act on a matter less than ten days after the date notice was published." Chapter 100 Section 35 Laws 2023 SECTION 35. Section 65-2A-7 NMSA 1978 (being Laws 2003, Chapter 359, Section 7, as amended) is amended to read: "65-2A-7. OPERATING AUTHORITIES IN GENERAL.-- A. Other than an entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965, no person shall offer or provide a transportation service for hire within the state without first obtaining an appropriate operating authority from the department. Every motor carrier providing a transportation service shall meet and comply with the requirements of the Motor Carrier Act and the lawfully adopted rules and orders of the department. B. A certificate or warrant, or a change in a certificate, shall be effective from the date issued by the department and shall remain in effect until canceled, revoked, suspended or amended. C. A motor carrier shall carry a copy of its operating authority in each motor vehicle it operates in New Mexico. D. A certificated service carrier shall render reasonably continuous and adequate service as the department may by rule prescribe." Chapter 100 Section 36 Laws 2023 SECTION 36. Section 65-2A-8 NMSA 1978 (being Laws 2003, Chapter 359, Section 8, as amended by Laws 2013, Chapter 73, Section 7 and by Laws 2013, Chapter 77, Section 7) is amended to read:

"65-2A-8. CERTIFICATES FOR PASSENGER SERVICE.-- A. The department may issue a certificate for a passenger service as follows: (1) a certificate for an ambulance service; (2) a certificate for a shuttle service shall be endorsed for nature of service as a scheduled shuttle service or as a general shuttle service; (3) a certificate for a specialized passenger service shall be endorsed for nature of service as provided by department rule; and (4) a certificate for a taxicab service shall be endorsed for nature of service as a municipal taxicab service or as a general taxicab service. B. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the department shall issue a certificate allowing a person to provide passenger service after notice and public hearing requirements are met, if: (1) the applicant is fit and able to provide the transportation service to be authorized by the certificate; (2) the applicant is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the department and other applicable federal and state laws and rules; (3) for an application for ambulance service, the transportation service to be provided under the certificate is or will serve a useful public purpose that is responsive to a public demand or need; and (4) the applicant has filed a tariff as provided in Section 65-2A-20 NMSA 1978. C. Before granting a certificate for passenger service, the department shall consider any objections or protests that were filed within the notice period. D. Before granting a certificate for ambulance service, the department shall also consider the effect that issuance of the certificate would have on existing ambulance service in the territory. E. A certificate issued by the department for provision of passenger service shall contain one or more endorsements, each of which shall specify the: (1) nature of service to be rendered; (2) territory authorized to be served; and

(3) reasonable terms of service as the department may allow or require for the particular certificate. F. Territorial endorsements to a certificate for passenger service shall: (1) be limited to territory sought in the application that will be served in a reasonably continuous and adequate manner beginning within thirty days of the issuance of the certificate or such other definite period or date as the department may provide for a particular application and shall generally be authorized on the basis of county or incorporated municipal boundaries, subject to other specification reasonably allowed or required by the department; (2) except for shuttle services, authorize transportation between points and places within the specified territory, and from points and places within the specified territory to all points and places in the state and return, unless otherwise expressly allowed or specified in the terms of service in the endorsement to the certificate; and (3) for shuttle services, provide for transportation between two or more specified end or intermediate terminal points or areas, and authorize pick-up or drop-off of passengers throughout a terminal area, but shall not authorize transportation between points and places within a single terminal area or the provision of transportation services in any other areas of the state." Chapter 100 Section 37 Laws 2023 SECTION 37. Section 65-2A-9 NMSA 1978 (being Laws 2003, Chapter 359, Section 9, as amended by Laws 2013, Chapter 73, Section 8 and by Laws 2013, Chapter 77, Section 8) is amended to read: "65-2A-9. CERTIFICATES FOR HOUSEHOLD GOODS SERVICE.-- A. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the department shall issue a certificate allowing a person to provide household goods service after notice and public hearing requirements are met, if the applicant: (1) is fit and able to provide the transportation to be authorized by the certificate; (2) has a place of business and stations equipment within the state and is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the department and other applicable federal and state laws and rules; and (3) has filed a tariff as provided in Section 65-2A-20 NMSA 1978.

B. Before granting a certificate for household goods service to an applicant, the department shall consider any objections that were filed within the notice period. C. A certificate issued by the department for provision of household goods service shall contain one or more endorsements, each of which shall specify: (1) the territory to be served, which shall be limited to territory sought in the application that will be served in a reasonably continuous and adequate manner beginning within thirty days of the issuance of the certificate or such other definite period or date as the department may provide for a particular application, and shall generally be specified on the basis of county boundaries, subject to other or further specification by the department by rule or in regard to a particular application; and (2) any reasonable terms of service that the department may allow or require for the particular certificate." Chapter 100 Section 38 Laws 2023 SECTION 38. Section 65-2A-11 NMSA 1978 (being Laws 2003, Chapter 359, Section 11, as amended by Laws 2013, Chapter 73, Section 10 and by Laws 2013, Chapter 77, Section 10) is amended to read: "65-2A-11. TEMPORARY AUTHORITY.-- A. The department may without notice grant temporary authority to an applicant for a certificate or for amendment, lease or transfer of all or part of a certificate for a period not to exceed the duration of the application process, if it finds that: (1) the notice period for such application has not yet expired, the application is one directly involving public safety, a governmental program or a specific public event, there is an urgent and immediate public need for such service and the public may be harmed by waiting for the notice period to expire; (2) the applicant for temporary authority has a complete application for a certificate or for amendment, lease or transfer of all or part of a certificate pending before the department; (3) the applicant is fit to provide the transportation service requested, is able to provide any certificated service requested and is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act and the rules of the department; and (4) satisfactory proof of urgent and immediate need has been made by verified proof as the department shall by rule prescribe.

B. An applicant for temporary authority as a tariffed service carrier shall file tariffs covering the transportation services for which temporary authority is being sought. C. If a hearing is held before a hearing examiner for any reason on an application for a certificate or for amendment, lease or transfer of all or part of a certificate or for a tariff rate increase, the applicant may move in such proceeding for a grant of temporary authority or rate approval for a period not to exceed the duration of the application process, and any protesting carrier or the traffic safety bureau of the department may move in such proceeding for reconsideration or modification of any grant of temporary authority previously granted by the department or the hearing examiner. The hearing examiner in the proceeding shall hold an expedited preliminary public hearing on the grant of temporary authority on the issues in the proceeding and the testimony evidence presented in the hearing on such procedural basis as the department shall by rule prescribe. D. Motor carriers operating under temporary authority shall comply with the requirements of the Motor Carrier Act and the rules of the department. E. A grant of temporary authority shall not create a presumption that permanent authority will be granted." Chapter 100 Section 39 Laws 2023 SECTION 39. Section 65-2A-12 NMSA 1978 (being Laws 2003, Chapter 359, Section 12, as amended) is amended to read: "65-2A-12. WARRANTS.-- A. The department shall issue a warrant that allows a person to provide warranted service as a charter service, towing service or motor carrier of property if the department finds that the applicant is in compliance with the financial responsibility and safety requirements of the Motor Carrier Act and the rules of the department. B. A towing service carrier performing nonconsensual tows is subject to tariff rates and terms of service. A towing service carrier performing nonconsensual tows shall not use the same motor vehicles, equipment and facilities used by another warranted towing service carrier performing nonconsensual tows. C. A warrant shall not be transferred or leased to another person. D. The department may without notice or a public hearing cancel a warrant if the owner fails to operate under the warrant for twelve consecutive months or fails to provide proof of financial responsibility as required by the department for four consecutive months."

Chapter 100 Section 40 Laws 2023 SECTION 40. Section 65-2A-13 NMSA 1978 (being Laws 2003, Chapter 359, Section 13, as amended by Laws 2013, Chapter 73, Section 12 and by Laws 2013, Chapter 77, Section 12) is amended to read: "65-2A-13. PROTESTS, OBJECTIONS AND HEARINGS.-- A. Any interested person or any member of the public may provide information to the department or express an objection to any application for a certificate, or for amendment, lease or transfer of a certificate, during the notice period for the application by filing a written objection in regard to the application. The department shall consider any objections filed in regard to determining whether to hold a hearing on the application. The department is not required to hold a hearing pursuant to any objection but may, in its discretion or on its own motion for any reason, hold a hearing on any application for a certificate or for an amendment, lease or transfer of a certificate. B. The department shall hold a hearing on an application whenever a protest is filed within the notice period or the traffic safety bureau of the department files a request for a hearing relative to an application within the notice period. The department shall allow a protesting carrier to proceed as an intervenor in the application proceeding. C. In any hearing held on an application: (1) the applicant has the burden of proving that the applicant meets the requirements of the Motor Carrier Act and the rules of the department for the application at issue, the burden of demonstrating with reasonable specificity the nature and scope of its proposed transportation service, the burden of proving any particular factual matters that the department or the traffic safety bureau of the department may identify and require, the burden of proving any additional allegations and matters of public interest that it may raise and, if the application pertains to ambulance service, the burden of proving that the ambulance service that currently exists in the territory sought in the application is inadequate and that the proposed service is directly responsive to a public need and demand for the service proposed; (2) a protesting carrier has the burden of proving all matters of fact pertaining to its full-service operation within its certificated full-service territory, the burden of proving the potential impairment or adverse impact on its existing full-service operation by the transportation service proposed by the applicant and the burden of proving all other allegations and matters of public interest that it may raise. The protesting carrier's proof should include, without limitation, a demonstration with reasonable specificity of the nature of the existing full service being provided, the volume of passengers transported, economic analysis related to expenses and revenues of the full-service operation and the anticipated economic, business or functional effect of the proposed service on the existing provision of, or rates for, full- service transportation within the full-service territory;

(3) the department may allow other interested persons to intervene, either generally or on the basis of specific facts or issues. A permissive intervenor has the burden of proof for its position on all factual matters and legal issues that it alleges and on which it is permitted to intervene; and (4) all parties to a hearing may base their demonstration and proof on business data, experienced persons and mathematical calculations. Expert testimony shall not be required of any party but may be provided at the option of a party. D. The department shall not grant an application: (1) for a certificate for ambulance service, or for amendment, lease or transfer of such a certificate, if it finds after hearing that the existing ambulance service is provided on a reasonably continuous and adequate basis in the territory in which the new service is sought or that the holder of the certificate or lessee providing the existing ambulance service in such territory is willing and able to provide, and does subsequently provide, reasonably continuous and adequate service within such territory, as specified by department order; (2) for a new certificate for general taxicab service within the full- service territory of a protesting municipal taxicab service carrier; or (3) for a certificate for any passenger service other than those identified in Paragraphs (1) and (2) of this subsection, or for amendment, lease or transfer of such a certificate, within a protesting full-service carrier's full-service territory, if it finds after hearing that the grant of the application presents a reasonable potential to impair, diminish or otherwise adversely affect the existing provision of full-service passenger service to the public in the full-service territory or if the application is otherwise contrary to the public interest in the full-service territory. In considering the potential effect on provision of transportation services to the public in regard to such an application, the department shall consider all evidence presented pertaining to such potential effect, including evidence of the effect that diversion of revenue or traffic may have on the provision of full-service passenger service to the community. Diversion of revenue or traffic from an existing motor carrier shall not, however, be sufficient grounds for denying the application without a showing that the diversion presents a reasonable potential to affect the provision of full-service passenger service to the community." Chapter 100 Section 41 Laws 2023 SECTION 41. Section 65-2A-14 NMSA 1978 (being Laws 2003, Chapter 359, Section 14, as amended by Laws 2013, Chapter 73, Section 13 and by Laws 2013, Chapter 77, Section 13) is amended to read: "65-2A-14. CHANGES IN CERTIFICATES.--

A. A change in a certificate shall not be valid or effective without the approval of the department. B. The department may, for good cause and after notice and public hearing requirements are met, authorize the following changes in all or part of a certificate at the request of the holder if the department finds: (1) that the applicant for amendment, lease or transfer of a certificate for passenger service meets the requirements pursuant to Section 65-2A-8 NMSA 1978 for a certificate for such passenger service; (2) that the applicant for amendment, lease or a transfer of a certificate for household goods service meets the requirements pursuant to Section 65-2A-9 NMSA 1978 for a certificate for such household goods service; and (3) in addition, that: (a) for transfer or lease of all or part of a certificate, the transferor-applicant has rendered reasonably continuous and adequate service in the territory to be transferred or leased prior to the application for lease or transfer; and (b) for transfer of all or a part of a certificate, accrued taxes, rents, wages of employees and other indebtedness pertaining to all or part of a certificate proposed to be transferred have been paid by the transferor-applicant or assumed by the transferee-applicant. C. The department may, without notice or a public hearing, authorize the following changes in all or part of a certificate at the request of the holder: (1) voluntary cancellation of the certificate; (2) voluntary suspension of the certificate for a period not to exceed twelve consecutive months; (3) change in the form of legal entity or name of the holder of the certificate; (4) reinstatement of the certificate following voluntary suspension of a period not exceeding twelve consecutive months; (5) change in control of a holder of the certificate through issuance or transfer of stock or other legal interest in a holder that is a corporation, partnership, trust or other legal business entity; and (6) matters pertaining to transfers by operation of law."

Chapter 100 Section 42 Laws 2023 SECTION 42. Section 65-2A-15 NMSA 1978 (being Laws 2003, Chapter 359, Section 15, as amended by Laws 2013, Chapter 73, Section 14 and by Laws 2013, Chapter 77, Section 14) is amended to read: "65-2A-15. MULTIPLE OPERATING AUTHORITIES AND BUSINESS TRADE NAMES ALLOWED.-- A. A person may simultaneously hold certificates for different kinds of certificated services and warrants for different kinds of warranted service within the same territory. B. Any motor carrier that holds more than one certificate for the same kind and nature of certificated service in the same territory shall file an application with the department to consolidate the operating authorities. C. The department shall not grant any new operating authority to a motor carrier that duplicates the operating authority of the same kind and for the same territory already held by that motor carrier. D. Certificated service carriers holding both a certificate and warrant for related services may use the same vehicles and may transport passengers and property, or mixed loads of household goods and property, pursuant to those authorities in the same vehicles and on the same trip. E. Every certificated or warranted service carrier shall file with the traffic safety bureau of the department all business trade names under which the carrier operates its service or services authorized and shall provide the traffic safety bureau of the department with proof of financial responsibility for all business trade names in addition to its legal name. The department shall accept business trade names as submitted by a carrier. Filing with the traffic safety bureau of the department shall not, by itself, establish or otherwise affect the ownership or right to use a business trade name under the intellectual property laws of the state of New Mexico." Chapter 100 Section 43 Laws 2023 SECTION 43. Section 65-2A-16 NMSA 1978 (being Laws 2003, Chapter 359, Section 16, as amended) is amended to read: "65-2A-16. INTERSTATE MOTOR CARRIERS.-- A. Foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders shall not operate in interstate commerce in this state without first registering with a base state and paying all fees as required under

the federal Unified Carrier Registration Act of 2005. The department is authorized to register applicants and collect all fees without notice or a public hearing. B. The department is authorized to follow rules and collect fee assessments set by the federal secretary of transportation from foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders and do all things necessary to enable New Mexico to participate in the federal unified carrier registration system pursuant to the federal Unified Carrier Registration Act of 2005, including the collection of an equal amount of revenue as was collected by the department in the last registration year under Section 4005 of the federal Intermodal Surface Transportation Efficiency Act of 1991 and the collection of an equal amount of revenue annually from all other sources allowed under the federal Unified Carrier Registration Act of 2005 in the last year that such collections were not prohibited by federal law. C. The department is the state agency in New Mexico responsible for operation of the federal Unified Carrier Registration Act of 2005, including participating in the development, implementation and administration of the unified carrier registration agreement. The department is authorized to follow rules governing the unified carrier registration agreement issued under the unified carrier registration plan by its board of directors. D. Revenue remitted to the state from fees imposed by the federal Unified Carrier Registration Act of 2005 shall be remitted to the state treasurer, who shall deposit the revenue in the motor transportation fee fund. E. Compliance by an interstate motor carrier with the provisions of the federal Unified Carrier Registration Act of 2005 shall not authorize a carrier to provide intrastate transportation services in New Mexico. An interstate motor carrier wishing to provide compensated transportation in intrastate commerce shall apply for the appropriate intrastate operating authority from the department. A taxicab service or shuttle service traveling to or from a federally licensed airport terminal facility located in the state of New Mexico is engaged in nonexempt intrastate business within the state regardless of a prior exemption if its service provides, with regard to any service run, for both: (1) initiation of the transportation of one or more passengers within this state; and (2) delivery to a departure point within this state of one or more passengers whose transportation on that service run was initiated at a point within this state."

Chapter 100 Section 44 Laws 2023 SECTION 44. Section 65-2A-18 NMSA 1978 (being Laws 2003, Chapter 359, Section 18, as amended by Laws 2013, Chapter 73, Section 16 and by Laws 2013, Chapter 77, Section 16) is amended to read: "65-2A-18. FINANCIAL RESPONSIBILITY.-- A. The department shall prescribe minimum requirements for financial responsibility for all motor carriers. B. A motor carrier shall not operate on the highways of this state without having filed with the department proof of financial responsibility in the form and amount as the department shall by rule prescribe. C. In prescribing minimum requirements for financial responsibility for motor carriers, the department shall adopt the same minimum liability insurance requirements as those required by the federal motor carrier safety administration for interstate motor carriers for all motor vehicles for carriage of property or household goods and for all passenger motor vehicles with such capacities. The department shall adopt reasonable minimum liability insurance requirements for the use of passenger motor vehicles with capacities less than those regulated by the federal motor carrier safety administration and in doing so shall consider the number of passengers being transported and the nature of the transportation services provided by the motor carriers using vehicles of those capacities. D. The department may authorize a motor carrier to carry its own insurance in lieu of filing a policy of insurance, certificate showing the issuance of a policy of insurance or a surety bond. In approving an application to be self-insured, the department shall consider: (1) the financial stability of the carrier; (2) previous loss history of the carrier; (3) the safety record of the carrier; (4) the size, nature of operations and other operating characteristics of the carrier; and (5) other factors necessary for the protection of passengers, shippers and the public. E. Notwithstanding any requirement of the New Mexico Insurance Code to the contrary, the department may accept proof of public liability insurance from an insurer not authorized in New Mexico if:

(1) the insurance is for an interstate motor carrier transporting commodities exempt from regulation by the federal motor carrier safety administration participating in the unified carrier registration system for those motor carriers; and (2) the insurer is authorized to write public liability insurance in at least one other state. F. All motor carriers shall carry proof of financial responsibility in each motor vehicle they operate in this state." Chapter 100 Section 45 Laws 2023 SECTION 45. Section 65-2A-19 NMSA 1978 (being Laws 2003, Chapter 359, Section 19, as amended) is amended to read: "65-2A-19. SAFETY REQUIREMENTS FOR MOTOR VEHICLES AND DRIVERS.-- A. A motor carrier shall provide safe and adequate service, equipment and facilities for the rendition of transportation services in this state. B. The department shall prescribe safety requirements for drivers and for motor vehicles weighing twenty-six thousand pounds or less or carrying fifteen or fewer persons, including the driver, used by intrastate motor carriers operating in this state. The department may prescribe additional requirements related to safety, including driver safety training programs, vehicle preventive maintenance programs, inquiries regarding the safety of the motor vehicles and drivers employed by a motor carrier, and the appropriateness of the motor vehicles and equipment for the transportation services to be provided by the motor carrier. C. The New Mexico state police division of the department of public safety may immediately order, without notice or a public hearing, a motor vehicle to be taken out of service for violation of a federal or state law or rule relating to safety if the violation would endanger the public health or safety. D. The department shall implement rules requiring carriers to obtain criminal background reports for all employed or contract drivers of certificated service carriers and for all other persons employed by certificated household goods service carriers who enter private dwellings in the course of household goods service." Chapter 100 Section 46 Laws 2023 SECTION 46. Section 65-2A-20 NMSA 1978 (being Laws 2003, Chapter 359, Section 20, as amended by Laws 2013, Chapter 73, Section 18 and by Laws 2013, Chapter 77, Section 18) is amended to read:

"65-2A-20. TARIFFS.-- A. A tariffed service carrier shall not commence operations or perform a new service under its operating authority without having an approved tariff on file with the department. B. A tariffed service carrier shall file with the department proposed tariffs showing the rates for transportation and all related activities and containing a description of the type and nature of the service, territory and all terms of service for transportation and related services. The rates shall be stated in terms of United States currency. Tariffs for individual carriers shall also include the carrier's legal name, all business trade names used by the carrier, contact information, information for service of process, the territory authorized for each transportation service listed in the tariff and any terms of service contained in the operating authorities for that particular carrier. Each tariffed service carrier operating pursuant to a statewide tariff shall file with the department a tariff statement referencing the statewide tariff being used and include the carrier's legal name, all business trade names used by the carrier, contact information, information for service of process, the territory authorized for that carrier and any terms of service contained in the operating authority for that particular carrier. C. A tariffed service carrier shall not charge, or permit its agents, employees or contract drivers to charge, a different or additional rate, or to use different or additional practices or terms of service, for transportation or for a service rendered to or for the user of the service other than the rates and terms of service specified in approved tariffs in effect at the time, except: (1) for ambulance and household goods service carriers, in accordance with rates and terms of service established by federal or state law for federal or state governmental programs or operations; and (2) for tariffed passenger service carriers other than ambulance service carriers, in accordance with the rates and terms of service established by governmental programs or operations in which they voluntarily participate. D. A tariffed service carrier shall not pay or refund, directly or indirectly to any person, a portion of the rate specified in its approved tariff, offer to a person privileges or facilities, perform a service or remit anything of value, except: (1) in accordance with tariffs approved by the department; (2) for ambulance and household goods service carriers, in accordance with rates and terms of service established by federal and state law for federal and state governmental entities, programs or operations;

(3) for tariffed passenger service carriers other than ambulance service carriers, in accordance with the rates and terms of service established by governmental programs or operations in which they voluntarily participate; or (4) in settling or resolving a claim by a customer. E. The department shall post on its internet website electronic copies of all currently approved individual and statewide tariffs, and all tariff statements filed by carriers using statewide tariffs, in a manner to facilitate public access, review and comparison of rates and terms of service. A certificated passenger service carrier other than an ambulance service carrier shall post its tariff rates in each vehicle used in the provision of its transportation service. F. A tariffed service carrier shall file an application with the department for any change in the tariff, accompanied by the proposed tariff, at least twenty days prior to implementation of the amended rates and terms of service contained in the tariff. Except as provided in this section, an amended tariff shall be approved and become effective twenty days after filing of the application for a change in the tariff. The department shall post notice of each application for a change in a tariff along with a copy of the proposed tariff on the department website. G. No changes in terms of service disapproved by the traffic safety bureau of the department as inconsistent with the Motor Carrier Act, rule of the department, the individual operating authority of the carrier or otherwise in violation of law shall become effective or be part of the approved tariff. The following terms of service contained in a tariff shall not be considered inconsistent with, or predatory or discriminatory in nature under the Motor Carrier Act or department rule: (1) a carrier may decline or terminate service under circumstances that reasonably appear to present a physical danger to the driver, to another employee of the carrier or to passengers or, for carriers other than ambulance service carriers, a danger to the condition of the motor vehicle or cargo; (2) a carrier is not responsible for cancellations or delays due to weather or road conditions when reasonably required for safety or when due to road construction, road closures, law enforcement stops or similar matters beyond the control of the carrier; (3) a passenger service carrier may require that all firearms carried by any passenger other than an authorized law enforcement officer be unloaded and placed in a locked area of the vehicle during transport, along with all ammunition and any other weapons; or (4) a passenger service carrier other than an ambulance service carrier may decline or terminate service when the passenger cannot give an adequate

description of, or direction to, the destination or cannot transfer into or out of the motor vehicle without requiring physical assistance from the driver. H. An application for amendment of tariff rates that increases any tariff rate to a level greater than that previously approved by the department for a full-service carrier or a towing service providing nonconsensual tows shall not become effective until approved by the department as reasonable under Section 65-2A-21 NMSA 1978. The department shall hold a hearing appropriate to the type of transportation service provided by the carrier for any such application, if requested by the applicant or by the traffic safety bureau of the department, or if ordered in the discretion of the department. The department may provide for reasonable periodic rate increases for full-service carriers or towing services providing nonconsensual tows pursuant to a rate escalator or adjustment clause for any or all rates of a carrier on such basis as the department finds reasonable. I. A person may make a complaint in writing to the department that a rate or term of service contained in a tariff, or a rate otherwise charged or practice otherwise effected, is inconsistent with or in violation of the Motor Carrier Act, department rule or the operating authority or current tariff of the motor carrier. The department may suspend the operation of a rate, term of service or practice for a period not to exceed sixty days to investigate its reasonableness. If the department finds that a rate charged by a tariffed carrier, or a term of service or practice effected by a tariffed carrier, is unauthorized, predatory or discriminatory, the department shall prescribe the rate or the maximum or minimum rate to be observed or the terms of service to be made effective." Chapter 100 Section 47 Laws 2023 SECTION 47. Section 65-2A-21 NMSA 1978 (being Laws 2003, Chapter 359, Section 21, as amended by Laws 2013, Chapter 73, Section 19 and by Laws 2013, Chapter 77, Section 19) is amended to read: "65-2A-21. RATES.-- A. Tariffed service carriers shall observe nonpredatory and nondiscriminatory rates and terms of service for the transportation services they provide. A predatory or discriminatory charge for service is unlawful. B. Reduced rates for minor children accompanied by an adult, for students traveling between their homes and their schools and for persons sixty-five years of age or older shall not be considered discriminatory. A motor carrier shall not furnish free transportation to persons except to bona fide owners, officers, employees or other business personnel of the motor carrier and their dependents. C. Towing services performing nonconsensual tows may charge rates lower than the rates in their approved tariff to members of not-for-profit motor clubs after those rates have been filed with the department.

D. A household goods service carrier shall establish and observe nonpredatory and nondiscriminatory rates and practices relating to the manner and method of presenting, marking, packing and delivering household goods for transportation and other matters relating to the transportation of household goods. E. In proceedings to determine the reasonableness of rates, the department shall authorize revenue levels that are adequate under honest, economical and efficient management to cover total operating expenses, including the operation of leased motor vehicles, and depreciation, plus a reasonable profit. The rules adopted by the department to implement this section shall allow a carrier to achieve revenue levels that will provide a flow of net income, plus depreciation, adequate to support prudent capital outlays, ensure the repayment of a reasonable level of debt, permit the raising of needed equity capital and attract and retain capital in amounts adequate to provide a sound motor carrier transportation system in the state." Chapter 100 Section 48 Laws 2023 SECTION 48. Section 65-2A-22 NMSA 1978 (being Laws 2003, Chapter 359, Section 22, as amended by Laws 2013, Chapter 73, Section 20 and by Laws 2013, Chapter 77, Section 20) is amended to read: "65-2A-22. TIME SCHEDULES.-- A. A scheduled shuttle service carrier shall file a proposed time schedule with its tariff and shall file any change in its schedule through an amended tariff. B. Failure by a scheduled shuttle service carrier to operate the service on each day pursuant to department rule as scheduled in its tariff shall result in an appropriate penalty as the department, in its discretion, shall determine. C. A time schedule shall not be designed to require the operation of a motor vehicle between given terminals or terminal areas at a rate of speed greater than the maximum speed allowed." Chapter 100 Section 49 Laws 2023 SECTION 49. Section 65-2A-23 NMSA 1978 (being Laws 2003, Chapter 359, Section 23, as amended by Laws 2013, Chapter 73, Section 21 and by Laws 2013, Chapter 77, Section 21) is amended to read: "65-2A-23. MOTOR CARRIER ORGANIZATIONS.-- A. A tariffed service carrier may enter into discussions with another tariffed service carrier to establish a motor carrier organization. The organization shall obtain authorization from the department before its members enter into any discussions concerning the rates contained in a statewide tariff. The department may authorize the

creation of a motor carrier organization to discuss and promote industry matters, other than the rates of individual carriers, if the organization: (1) allows any intrastate motor carrier authorized to provide the same type of service to become a member of the organization and allows a member carrier to discuss matters before the organization and to vote upon any proposal; (2) does not interfere with a member carrier's right to establish its own tariff and does not change or cancel an independently established tariff; (3) does not file an objection, protest or complaint with the department against a tariff item independently published by or for the account of a member carrier; (4) does not permit its employees or an employee committee to file or act upon a proposal effecting a change in a tariff item published by or for the account of a member carrier; and (5) proposes matters concerning statewide tariffs for approval by the department. B. A member carrier of the organization shall file with the department information as the department may by rule prescribe. C. A motor carrier organization approved by the department pursuant to this section shall be subject to accounting, recordkeeping, reporting and inspection requirements as the department may by rule prescribe. D. The department may, upon complaint or upon its own initiative, investigate and determine whether a motor carrier organization previously authorized by it is not in conformity with the requirements of this section or with the terms and conditions upon which the motor carrier organization was granted authorization. The department may modify or terminate its authorization of a motor carrier organization found to be noncompliant with the requirements of this rule. E. The antitrust laws of the state shall not apply to discussions concerning general industry matters, terms of service or any matters concerning a statewide tariff, including the rates contained in a statewide tariff, by member carriers of a motor carrier organization authorized by the department." Chapter 100 Section 50 Laws 2023 SECTION 50. Section 65-2A-24 NMSA 1978 (being Laws 2003, Chapter 359, Section 24, as amended by Laws 2013, Chapter 73, Section 22 and by Laws 2013, Chapter 77, Section 22) is amended to read: "65-2A-24. MOTOR VEHICLE LEASES--DRIVER CONTRACTS.--

A. An intrastate motor carrier shall not lease a motor vehicle or operate a leased motor vehicle in the course of its transportation service except as provided by department rule. The department may approve a motor vehicle lease without notice or a public hearing. B. A motor carrier may use employed or contract drivers or taxicab association member drivers in the provision of a transportation service. Regardless of the provisions of any written or oral agreement between a motor carrier and a contract driver or taxicab association member driver, motor carriers providing transportation services that use contract drivers or taxicab association member drivers remain fully responsible to the department for complying with all provisions of the Motor Carrier Act and department rules applicable to transportation service carriers. C. Motor carriers providing intrastate transportation services that use contract drivers or taxicab association member drivers shall maintain, at their principal places of business within the state, a current written agreement with each such driver. No agreement with any contract driver or taxicab association member driver shall contain any provision contrary to a provision of the Motor Carrier Act or a rule of the department. Each written agreement shall contain a clause that requires the contract driver or taxicab association member driver to adhere to all provisions of the Motor Carrier Act and to all department rules applicable to transportation service carriers." Chapter 100 Section 51 Laws 2023 SECTION 51. Section 65-2A-25 NMSA 1978 (being Laws 2003, Chapter 359, Section 25, as amended by Laws 2013, Chapter 73, Section 23 and by Laws 2013, Chapter 77, Section 23) is amended to read: "65-2A-25. HOUSEHOLD GOODS OPERATIONS.-- A. The department shall establish a statewide tariff for household goods services, containing terms of service and maximum rates that household goods service carriers may charge the public. B. A certificated household goods service carrier shall be responsible for acts or omissions of its agents that relate to the performance of household goods transportation services, including accessorial or terminal services, that are within the actual or apparent authority of the agent derived from or ratified by the certificated household goods service carrier. C. A certificated household goods service carrier shall use reasonable care in selecting and retaining household goods agents who are sufficiently knowledgeable, fit, willing and able to provide adequate household goods transportation services, including accessorial and terminal services, and to fulfill the obligations imposed upon them by the Motor Carrier Act and by the certificated household goods service carrier.

D. If the department has reason to believe from a complaint or investigation that a household goods agent has violated Subsection G or H of Section 65-2A-33 NMSA 1978, or is consistently unfit, unwilling or unable to provide adequate household goods transportation services, including accessorial and terminal services, the department may issue to that household goods agent notice of the complaint, specific charges and the time and place for a hearing on the complaint. The hearing shall be held no later than sixty days after service of the complaint to the household goods agent. The household goods agent has the right to appear at the hearing and rebut the charges contained in the complaint. E. If the household goods agent does not appear at the complaint hearing, or if the department finds that the household goods agent has violated Subsection G or H of Section 65-2A-33 NMSA 1978, or is consistently unfit, unwilling or unable to provide adequate household goods transportation services, including accessorial and terminal services, the department shall issue an order to compel compliance by the household goods agent. Thereafter, the department may issue an order to limit or prohibit the household goods agent from any involvement in the provision of household goods transportation services if, after notice and an opportunity to be heard, it finds that the household goods agent has failed to comply with the order within a reasonable time after the date of its issuance, but in no event less than thirty days after its issuance. A household goods agent may file a petition with the department seeking reconsideration of an order entered by the department pursuant to this section. F. The department shall adopt rules for the following elements of household goods transportation services: (1) methods of determining shipping charges; (2) cost estimates, for which charges shall be subject to the antitrust laws of this state; (3) inventory; (4) weighing; (5) receipts and bills of lading; (6) liability based on value established between the motor carrier and the shipper; (7) equipment stationing by, and joint transportation between, household goods service carriers; (8) household goods agents; and (9) service standards.

G. In adopting reasonable rules for intrastate household goods service carriers, the department shall balance the interests of shippers and carriers and consider and observe industry standards. H. The antitrust laws shall not apply to discussions or agreements between a household goods service carrier and its authorized agents, whether or not an agent is also a household goods service carrier when related solely to: (1) rates for the transportation of household goods under the authority of the principal carrier; (2) accessorial, terminal, storage or other charges for transportation services incidental to the transportation of household goods transported under the authority of the principal carrier; (3) allowances relating to transportation of household goods under the authority of the principal carrier; or (4) ownership of a household goods service carrier by an agent or membership on the board of directors of any household goods service carrier by an agent." Chapter 100 Section 52 Laws 2023 SECTION 52. Section 65-2A-26 NMSA 1978 (being Laws 2003, Chapter 359, Section 26, as amended by Laws 2013, Chapter 73, Section 24 and by Laws 2013, Chapter 77, Section 24) is amended to read: "65-2A-26. HOUSEHOLD GOODS VOLUNTARY DISPUTE SETTLEMENT PROGRAM.-- A. The department shall establish a program to settle disputes, at the voluntary option of the shipper, between shippers and all household goods service carriers concerning the transportation of household goods, which shall be a fair and expeditious method for settling disputes and complies with each of the following requirements and rules the department may prescribe: (1) the program is designed to prevent a household goods service carrier from having any special advantage in a case in which the shipper resides or does business at a place distant from the motor carrier's place of business; (2) the program provides adequate notice of its availability, including a concise, understandable and accurate summary of the program and disclosure of the legal effects of using the program. The notice shall be given to the shipper before the shipper tenders the household goods to the motor carrier for transportation;

(3) upon request of a shipper, the motor carrier shall promptly provide forms and other information necessary to initiate an action to resolve a dispute under the program; (4) a person authorized pursuant to the program to settle disputes shall be independent of the parties to the dispute and shall be capable, as determined by rules prescribed by the department, to resolve disputes fairly and expeditiously. The program shall ensure that a person chosen to settle a dispute is authorized and able to obtain from the shipper or motor carrier any material and relevant information necessary to carry out a fair and expeditious decision-making process; (5) the person settling the dispute may charge the shipper a fee of not more than twenty-five dollars ($25.00) for instituting a proceeding under the program if the program is binding solely on the carrier, but shall not charge the shipper a fee otherwise. The person settling the dispute shall refund the fee to the shipper in a case in which the dispute is settled in favor of the shipper, unless the person settling the dispute determines that the refund is inappropriate; (6) the program shall not require the shipper to agree to use the dispute settlement program prior to the time that a dispute arises; (7) the program may provide for an oral presentation of a dispute concerning transportation of household goods by a party to the dispute or a party's representative, but an oral presentation shall not be made unless the parties to the dispute expressly agree to the presentation and the date, time and location of the presentation; and (8) a person settling a dispute under the program shall, as expeditiously as possible, but no later than sixty days after receipt of written notification of the dispute, render a decision based on the information gathered; except that, in a case in which a party to the dispute fails to timely provide information that the person settling the dispute may reasonably require, the person settling the dispute may extend the sixty-day period for a reasonable period of time. A decision resolving a dispute may include remedies appropriate under the circumstances, including repair, replacement, refund or reimbursement for expenses and compensation for damages. B. The department may investigate at any time the functioning of the program approved under this section and may, after notice and an opportunity to be heard, take appropriate action against any household goods service carrier for failure to meet the requirements of this section and rules as the department may prescribe. C. In a court action to resolve a dispute between a shipper and a household goods service carrier, concerning the transportation of household goods by the carrier, the shipper shall be awarded reasonable attorney fees if:

(1) the shipper submits a claim to the carrier within one hundred twenty days after the date the shipment is delivered or the date delivery is scheduled, whichever is later; (2) the shipper prevails in the court action; and (3) a decision resolving the dispute was not rendered under the dispute settlement program within sixty days or an extension of the sixty-day period; or (4) the court proceeding is to enforce a decision rendered under the dispute settlement program and is instituted after the period for performance under the decision has elapsed. D. In a court action to resolve a dispute between a shipper and a household goods service carrier concerning the transportation of household goods by the carrier, the carrier shall be awarded reasonable attorney fees by the court only if the shipper brought the action in bad faith: (1) after resolution of the dispute under the dispute settlement program; or (2) after institution of a proceeding by the shipper to resolve the dispute under the dispute settlement program and before: (a) the expiration of the sixty-day period or extension of the sixty- day period for resolution of the dispute; and (b) a decision resolving the dispute is rendered under the program." Chapter 100 Section 53 Laws 2023 SECTION 53. Section 65-2A-27 NMSA 1978 (being Laws 2003, Chapter 359, Section 27, as amended by Laws 2013, Chapter 73, Section 25 and by Laws 2013, Chapter 77, Section 25) is amended to read: "65-2A-27. INVOLUNTARY SUSPENSION, REVOCATION OR AMENDMENT OF OPERATING AUTHORITIES--REINSTATEMENT.-- A. The department shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by department rule. B. The department may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the department's rules or the rules of the New Mexico state police

division of the department of public safety, if the violation endangers the public health or safety. C. The department may, upon complaint or the department's own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to: (1) comply with a provision of the Motor Carrier Act; (2) comply with a lawful order or rule of the department; (3) comply with a term of service of an operating authority or tariff; or (4) render reasonably continuous and adequate service under a certificate. D. The department may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that: (1) the reasons for the involuntary suspension no longer pertain; and (2) the holder of the operating authority is fit, and a certificate holder is able, to provide the authorized transportation services, and the holder will comply with the Motor Carrier Act and the rules of the department." Chapter 100 Section 54 Laws 2023 SECTION 54. Section 65-2A-28 NMSA 1978 (being Laws 2003, Chapter 359, Section 28, as amended by Laws 2013, Chapter 73, Section 26 and by Laws 2013, Chapter 77, Section 26) is amended to read: "65-2A-28. DESIGNATION OF AN AGENT FOR SERVICE OF PROCESS.-- A. An applicant for an operating authority shall file with the department an appointment in writing of a resident agent for service of process. The appointment shall specify the address of the agent and shall stipulate that service upon the appointed agent of process of the department or of a court shall have the same force and effect as if service had been made personally upon the motor carrier within this state. The appointment shall continue in force until the motor carrier files an appointment of a substitute agent or until liability against the motor carrier growing out of its operations in the state has terminated. A copy of the appointment, duly certified by the department, shall be accepted as sufficient evidence of appointment of an agent in a court of the state.

B. If the holder of an operating authority from the department operates without appointing a resident agent for service of process, or the department has unsuccessfully attempted to serve process upon the designated resident agent, the holder shall be deemed to have appointed the secretary of state as its resident agent for service of process in an action or proceeding against the motor carrier growing out of an accident, collision or transaction in which the motor carrier may be involved by operating in this state. C. If the secretary of state is served with process directed to the holder of an operating authority from the department, the secretary of state shall forward the process by certified mail to the motor carrier at the address shown on its last change of address report, annual report or application with respect to its operating authority, whichever is most recent. The secretary of state shall file a certificate of service with the department, which shall be accepted as prima facie proof of service. D. The secretary of state shall assess to the motor carrier the fee prescribed in Section 65-2A-36 NMSA 1978 for a process from a court served upon the secretary of state but shall not charge a fee for service of department process. E. The principal motor carrier of a household goods agent shall be deemed to be the agent for service of process of the household goods agent unless the household goods agent notifies the department in writing of the substitution of another agent for service of process." Chapter 100 Section 55 Laws 2023 SECTION 55. Section 65-2A-29 NMSA 1978 (being Laws 2003, Chapter 359, Section 29, as amended by Laws 2013, Chapter 73, Section 27 and by Laws 2013, Chapter 77, Section 27) is amended to read: "65-2A-29. REPORTS AND RECORDS.-- A. The department shall establish reasonable requirements with respect to reports, records and uniform systems of accounts and preservation of records for motor carriers. B. The department may require any holder of an operating authority from the department or any lessee of an authority to prepare and transmit to the department an annual report of its operations. The report shall be in the form, contain specific information, including financial information, and be due on a date as the department may by rule require. Financial data filed by motor carriers in annual reports shall not be made available for inspection by the public. C. The department or its employees or duly authorized agents shall, at all times, have access to:

(1) land, buildings, improvements to real property and equipment of motor carriers used in connection with their operations; and (2) records kept by motor carriers. D. The department may, by order, require a motor carrier subject to the Motor Carrier Act, or its officers or agents, to produce within this state at such reasonable time and place as it may designate, original or certified copies of records regardless of where they are kept by the motor carrier when their production is pertinent to a matter before the department, in order that the department may examine them. No trade secret or business confidentiality immunity or privilege may be asserted by the motor carrier in response to such an order or request; provided that nothing in this provision shall prevent a carrier from moving for, or the department from entering, an appropriate protective order to preserve the carrier's trade secrets or business confidentiality from further disclosure, nor shall this provision or any production required under this provision waive or diminish the carrier's trade secret or business confidentiality immunity or privilege as to persons other than the department. E. The New Mexico state police division of the department of public safety shall furnish to the department all information needed or required by the department to carry out its responsibilities when the information is obtainable only through field enforcement. F. All applications, protests, objections, amendments to filings, operating authorities, tariffs, pleadings or any other documents filed in docketed proceedings not subject to confidentiality orders are public records and shall, as soon as practical, be made electronically available to the public." Chapter 100 Section 56 Laws 2023 SECTION 56. Section 65-2A-30 NMSA 1978 (being Laws 2003, Chapter 359, Section 30, as amended by Laws 2013, Chapter 73, Section 28 and by Laws 2013, Chapter 77, Section 28) is amended to read: "65-2A-30. UNAUTHORIZED CARRYING OF PERSONS PROHIBITED.--Except in the case of an emergency, a transportation service carrier not authorized to transport passengers shall not carry a passenger, including a hitchhiker, except on-duty employees of the motor carrier or department representatives on official business in a vehicle used in the provision of transportation service under its operating authority." Chapter 100 Section 57 Laws 2023 SECTION 57. Section 65-2A-31 NMSA 1978 (being Laws 2003, Chapter 359, Section 31) is amended to read: "65-2A-31. WITNESSES--SUBPOENAS--SERVICE OF PROCESS.--

A. If the department orders a person to appear before it, the department shall compensate the witness one full day's per diem plus mileage as provided for employees in the Per Diem and Mileage Act. The state shall pay such compensation out of the motor transportation fee fund pursuant to rules of the department of finance and administration. Witnesses subpoenaed by parties other than the department shall be paid the same compensation by the party issuing the subpoena. B. A person shall not be excused from testifying or producing documentary evidence before the department or a court in obedience to a subpoena of the department issued pursuant to the Motor Carrier Act on the ground that the testimony or documentary evidence required of the person may tend to incriminate the person or subject the person to a penalty. A person shall not be prosecuted or subjected to a penalty for a transaction or matter about which the person may be required to testify or produce documentary evidence; provided that a person testifying shall not be exempt from prosecution and punishment for perjury committed in testifying. A person shall not be required to testify or produce documentary evidence in response to an inquiry not pertinent to a question lawfully before the department or court for determination. C. Upon request of the department, a district court may issue a writ of attachment to a person who fails to comply with a subpoena issued by the department compelling the person to comply with the subpoena. The court shall have the power to punish for contempt in the same manner as for disobedience of a subpoena issued by the court. D. The department may administer an oath, certify to an official act, issue a subpoena and compel the attendance of a witness and the production of evidence in hearings before the department for the purposes provided in the Motor Carrier Act. E. The department may issue and serve process on the person affected by delivering a copy of the process, signed by a member of the department, to the person or to an officer or agent of the person. An employee of the department, a duly authorized law enforcement officer or a person over the age of eighteen who is not a party to the proceeding may serve process and shall return a copy of the process served, with an endorsement of service, to the department. The endorsed process shall be entered into the record of the proceeding and shall be prima facie evidence that the process was duly served. F. The department may in writing authorize an employee or other person to investigate and take testimony regarding a matter pending before the department." Chapter 100 Section 58 Laws 2023 SECTION 58. Section 65-2A-32 NMSA 1978 (being Laws 2003, Chapter 359, Section 32) is amended to read: "65-2A-32. ADMINISTRATIVE PENALTIES.--

A. If the department finds after investigation that a provision of the Motor Carrier Act or an order or rule of the department is being, has been or is about to be violated, it may issue an order specifying the actual or proposed acts or omissions to act that constitute a violation and require that the violation be discontinued, rectified or prevented. B. Notwithstanding the existence of any other penalties, the department may assess an administrative fine of not more than ten thousand dollars ($10,000) for each violation of a provision of the Motor Carrier Act or of a lawful rule or order of the department. In case of a continuing violation, each day's violation shall be deemed to be a separate and distinct offense. C. Notwithstanding the existence of other penalties, the department may assess an administrative fine of not more than ten thousand dollars ($10,000) against a person knowingly using a motor carrier not properly authorized by the department. D. All penalties accruing under the Motor Carrier Act shall be cumulative, and a suit for recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution under the Motor Carrier Act." Chapter 100 Section 59 Laws 2023 SECTION 59. Section 65-2A-33 NMSA 1978 (being Laws 2003, Chapter 359, Section 33, as amended by Laws 2013, Chapter 73, Section 29 and by Laws 2013, Chapter 77, Section 29) is amended to read: "65-2A-33. CRIMINAL AND CIVIL PENALTIES--UNFAIR TRADE PRACTICES.-- A. A person who knowingly makes a false statement of material fact under oath or penalty of perjury in a department proceeding, whether orally or in writing, shall be guilty of perjury. B. A person who willfully makes a false return of process or report to the department or an employee of the department, and a person who knowingly aids or abets a person who willfully makes a false return of process or report to the department or an employee of the department, shall be guilty of a felony, and upon conviction shall be imprisoned for not more than five years. C. A person who willfully makes a false entry in records required by the Motor Carrier Act or the rules of the department, willfully destroys, mutilates or by other means willfully falsifies the records or willfully neglects or fails to make full, true and correct entries of all facts, shall be guilty of a felony and upon conviction shall be imprisoned for not more than five years. D. An employee of the department who divulges information about an inspection, examination or investigation of a record or of the property and facilities of a

motor carrier, except insofar as may be authorized by the department or a court of competent jurisdiction, shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000). E. A person who violates or who procures, aids or abets in the violation of a provision of the Motor Carrier Act or a rule or order of the department shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000), imprisoned for not more than ninety days, or both. F. A motor carrier shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500), imprisoned for not more than six months, or both, if the motor carrier: (1) refuses to permit examination of its records; (2) conceals, destroys or mutilates its records; (3) attempts to conceal, destroy or mutilate its records; or (4) removes its records beyond the limits of the state for the purpose of preventing examination. G. A person who commits weight-bumping shall be guilty of a felony and upon conviction shall be fined not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), imprisoned for not more than two years, or both. H. A person shall be assessed a civil penalty of not more than two thousand dollars ($2,000) for each violation and not more than five thousand dollars ($5,000) for each subsequent violation if the person knowingly engages in or authorizes an agent or other person to: (1) falsify the documents used in the transportation of household goods that evidence the weight of shipment; or (2) charge for accessorial services that are not performed, or for which the carrier is not entitled to be compensated, in a case in which such services are not reasonably necessary for the safe and adequate transportation of the shipment. I. A law enforcement officer of the state shall arrest and the district attorney and attorney general shall prosecute a violation of the Motor Carrier Act. J. It is an unfair and deceptive trade practice under the Unfair Practices Act for any transportation service carrier to offer or provide transportation services of a type for which, or in any territory in which, it is not authorized to do so by the department. The attorney general or a person who has been damaged or who is likely to be damaged as the result of such unauthorized service, including a shipper, a passenger

or an authorized transportation service carrier, may bring an action pursuant to the Unfair Practices Act against the transportation service carrier regarding such unauthorized service. Any such civil action shall be in addition to, and shall not bar, any investigation or civil or criminal enforcement action regarding the unauthorized service available to the attorney general or a district attorney, or available to the department under the Motor Carrier Act. K. It is an unfair and deceptive trade practice under the Unfair Practices Act for any transportation service carrier or its agent, employee or contract driver to charge or collect a predatory rate or to undertake a predatory practice in the provision of transportation services. The attorney general or a person who has been damaged or who is likely to be damaged as the result of a predatory rate or practice may bring an action pursuant to the Unfair Practices Act against the transportation service carrier regarding the predatory rate or practice. Any civil action shall be in addition to, and shall not bar, any investigation or civil or criminal enforcement action regarding the predatory rate or practice available to the attorney general or a district attorney, or available to the department under the Motor Carrier Act." Chapter 100 Section 60 Laws 2023 SECTION 60. Section 65-2A-34 NMSA 1978 (being Laws 2003, Chapter 359, Section 34) is amended to read: "65-2A-34. ACTIONS TO ENFORCE DEPARTMENT ORDERS.--If a person fails to comply with an order of the department within the time prescribed in the order or within thirty days after the order is entered, whichever is later, unless a stay has been granted, the department shall seek enforcement of the order in the district court for Santa Fe county. The enforcement hearing shall be held on an expedited basis. At the hearing, the sole question shall be whether the person has failed to comply with the order." Chapter 100 Section 61 Laws 2023 SECTION 61. Section 65-2A-35 NMSA 1978 (being Laws 2003, Chapter 359, Section 35) is amended to read: "65-2A-35. APPEAL TO SUPREME COURT.-- A. A motor carrier or other interested person aggrieved by a final order or determination of the department issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the department the costs of preparing and transmitting the record to the court. B. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may petition the department or the supreme court for a stay of the order.

C. The appeal shall be on the record of the hearing before the department and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the department's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law." Chapter 100 Section 62 Laws 2023 SECTION 62. Section 65-2A-36 NMSA 1978 (being Laws 2003, Chapter 359, Section 36, as amended by Laws 2013, Chapter 73, Section 30 and by Laws 2013, Chapter 77, Section 30) is amended to read: "65-2A-36. FEES.-- A. The department shall establish in rule reasonable fees: (1) for filing an application for a certificate or an application for an amendment of a certificate, or for any protest or permissive intervention in regard to such application; (2) for filing an application for a warrant; (3) for filing an application or motion for temporary authority; (4) for filing an application for a change in a tariff for a tariffed service carrier; (5) for filing an application for lease or transfer of a certificate, or for any protest or permissive intervention in regard to such application; (6) for filing an application for reinstatement of a certificate following voluntary or involuntary suspension; (7) for filing an application for voluntary suspension of a certificate; (8) for filing an application for a single trip ticket; (9) for filing a change in the legal name of any holder of an operating authority, or a change of business trade name or the addition or deletion of a business trade name of any holder or lessee of an operating authority; (10) for filing an equipment lease;

(11) for a miscellaneous filing; (12) for certifying copies of a record, order or operating authority, the charge per page provided by law for governmental agencies; (13) for copies of written department documents or records, the charge per page provided by law for governmental agencies, in addition to any applicable certification charge; and (14) for copies of other department records, including electronic media, an amount set by the department, in addition to any applicable certification charge. B. The fees established by the department pursuant to Subsection A of this section shall not exceed the actual cost of processing the application or providing the administrative service. C. The secretary of state shall charge and collect a fee of four dollars ($4.00) for each process from a court served upon the secretary of state as the designated agent for service of process by operation of law. D. The "motor transportation fee fund" is created in the state treasury. The department shall collect all fees at the time an application is filed or service is provided, and shall remit them to the state treasurer, who shall deposit them in the fund. At the end of each month, the state treasurer shall transfer the unencumbered balance in the fund to the state road fund. E. If a fee has been erroneously paid, the person having paid the fee may apply for a refund in writing to the department no later than sixty days after the erroneous payment. Upon approval of the application by the department, the amount erroneously paid shall be refunded from the motor transportation fee fund to the person who made the payment. F. An application shall be fully completed within sixty days or the fee submitted with the application shall be forfeited to the state. If the applicant renews the application, the applicant shall pay the applicable fee." Chapter 100 Section 63 Laws 2023 SECTION 63. Section 65-2A-37 NMSA 1978 (being Laws 2003, Chapter 359, Section 37, as amended by Laws 2013, Chapter 73, Section 31 and by Laws 2013, Chapter 77, Section 31) is amended to read: "65-2A-37. ELECTRONIC FILING AND CERTIFICATION OF DOCUMENTS-- ELECTRONIC PAYMENT OF FEES.--

A. The department may adopt rules permitting the electronic filing, submission and service of documents by facsimile, electronic mail or other electronic transmission, including original documents, and the certification of electronically filed documents when filing or certification is required or permitted pursuant to the Motor Carrier Act. The rules shall provide for the appropriate treatment of electronic filings to satisfy requirements for original documents or copies and shall provide the requirements for signature with respect to electronic filings. If the department accepts electronic filing of a document, it may accept for filing a document containing a signature line, however made. B. The department may accept a credit or debit card or other means of payment, in lieu of cash or check, as payment of a fee pursuant to the Motor Carrier Act. The department shall determine those credit or debit cards or other means of payment that may be accepted for payment." Chapter 100 Section 64 Laws 2023 SECTION 64. Section 65-5-3 NMSA 1978 (being Laws 1943, Chapter 125, Section 10, as amended) is amended to read: "65-5-3. CLEARANCE CERTIFICATES--TYPES OF CARRIERS.--After inspection of the vehicle and related documentation and any necessary registration, clearance certificates or special permits may be issued by the department for: A. commercial motor carrier vehicles operating in compliance with the provisions of the Motor Carrier Act when: (1) all taxes and registration fees required by the laws of this state upon the vehicles and contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the vehicles and contents have been complied with; and (2) the operator or owner of the vehicle is not in default or delinquent in the payment of any tax, the filing of any report or the observance of any requirements of the Motor Carrier Act; B. commercial motor carrier vehicles classified and designated in law as exempt when: (1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the contents have been complied with; and (2) the vehicles have been registered in this state or another state and evidence of registration, including proper display of registration plates, required by the laws of this state is provided;

C. commercial motor carrier vehicles not registered or licensed in this state that are transporting passengers for hire or property for hire or resale when: (1) all taxes and registration fees required by the laws of this state upon the vehicles and contents of the vehicles have been paid and all other laws and rules and regulations of departments of this state applicable to the vehicles and contents have been complied with; (2) the vehicle is properly covered by liability insurance in accordance with the provisions of the Motor Carrier Act and the rules of the department of transportation; and (3) the trip tax has been fully paid; and D. commercial motor carrier vehicles not registered or licensed in this state that are transporting property not for hire or resale when: (1) all taxes required by the laws of this state upon the contents of the vehicles have been paid and all other laws, rules and regulations applicable to such contents have been complied with; and (2) the trip tax has been fully paid." Chapter 100 Section 65 Laws 2023 SECTION 65. Section 65-6-1 NMSA 1978 (being Laws 1974, Chapter 82, Section 1) is amended to read: "65-6-1. SHORT TITLE.--Chapter 65, Article 6 NMSA 1978 may be cited as the "Ambulance Standards Act"." Chapter 100 Section 66 Laws 2023 SECTION 66. Section 65-6-2 NMSA 1978 (being Laws 1974, Chapter 82, Section 2, as amended) is amended to read: "65-6-2. DEFINITIONS.--As used in the Ambulance Standards Act: A. "ambulance" means a vehicle, including motor vehicles or watercraft, designed and used or intended to be used for the transportation of sick or injured persons; B. "attendant" means a person who, on a regular or irregular basis, either paid or voluntary, serves as an assistant to the driver in the operation of the ambulance; C. "department" means the department of transportation; and

D. "driver" means a person who, on a regular or irregular basis, either paid or voluntary, serves as the operator of an ambulance." Chapter 100 Section 67 Laws 2023 SECTION 67. Section 65-6-4 NMSA 1978 (being Laws 1974, Chapter 82, Section 4) is amended to read: "65-6-4. DEPARTMENT--DUTIES.--The department, in accordance with its responsibilities to regulate common carriers, shall hold public hearings as prescribed in the Motor Carrier Act and adopt rules: A. for the establishment of reasonable, flexible standards for ambulances, including but not limited to: (1) vehicle design; (2) health and safety equipment to be maintained and used in ambulances; (3) procedures for the operation of ambulances; and (4) at least annual inspection of ambulances; and B. for the licensure of all drivers and attendants, to include: (1) minimum training requirements to include basic and advanced red cross and such other available training as the department finds reasonable and in the best interests of the public; and (2) a written and practical examination of competence limited to that material, information and training required of drivers and attendants, respectively, in the rules adopted by the department. In establishing standards for ambulances, the department shall give serious consideration to the vehicle needs and limitations imposed by the topography and road and weather conditions of various localities. Further, the department shall take into consideration the resources of the various communities, institutions and sponsoring organizations providing ambulance service to the public." Chapter 100 Section 68 Laws 2023 SECTION 68. Section 65-7-1 NMSA 1978 (being Laws 2016, Chapter 80, Section 1) is amended to read:

"65-7-1. SHORT TITLE.--Chapter 65, Article 7 NMSA 1978 may be cited as the "Transportation Network Company Services Act"." Chapter 100 Section 69 Laws 2023 SECTION 69. Section 65-7-4 NMSA 1978 (being Laws 2016, Chapter 80, Section 4) is amended to read: "65-7-4. TRANSPORTATION NETWORK COMPANY PERMIT REQUIRED.-- A. A person shall not operate a transportation network company in New Mexico without first having obtained a permit from the department of transportation. B. A permit issued to a transportation network company by the department of transportation shall be effective for one year. C. The department of transportation shall issue a permit to a transportation network company that meets the requirements set forth in the Transportation Network Company Services Act and any rules adopted by the department pursuant to that act. The transportation network company shall pay an annual permit fee of ten thousand dollars ($10,000) to the department." Chapter 100 Section 70 Laws 2023 SECTION 70. Section 65-7-13 NMSA 1978 (being Laws 2016, Chapter 80, Section 13) is amended to read: "65-7-13. VEHICLE SAFETY.-- A. A transportation network company shall not allow a driver to be connected to potential passengers using the digital network or software application service of the transportation network company if the motor vehicle operated by the driver to provide transportation services: (1) is not in compliance with all federal, state and local laws concerning the operation and maintenance of the motor vehicle; (2) has fewer than four doors; or (3) is designed to carry more than eight passengers, including the driver. B. A transportation network company shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services before allowing the driver to use the motor vehicle to provide prearranged rides and not less than once each year thereafter.

C. The department of transportation shall promulgate rules setting forth the requirements of annual inspection of a vehicle used by a transportation network company driver while logged on to a digital network or engaged in a prearranged ride." Chapter 100 Section 71 Laws 2023 SECTION 71. Section 65-7-19 NMSA 1978 (being Laws 2016, Chapter 80, Section 19) is amended to read: "65-7-19. TRANSPORTATION NETWORK FUND CREATED--ASSESSMENT AND COLLECTION OF FEES.-- A. The "transportation network fund" is created in the state treasury for the purpose of ensuring the safety and financial responsibility of transportation network companies and transportation network company drivers. The fund shall consist of fees collected pursuant to the Transportation Network Company Services Act, appropriations, gifts, grants, donations and earnings on investment of the fund. Balances in the fund shall not revert to the general fund or any other fund at the end of any fiscal year. B. The transportation network fund shall be administered by the department of transportation. Money in the fund is appropriated to the department to carry out its duties pursuant to the provisions of the Transportation Network Company Services Act. Not more than five percent of the fees collected pursuant to this section shall be used by the department for administrative purposes. C. Payments from the transportation network fund shall be made upon vouchers issued and signed by the secretary of transportation or the secretary's authorized representative upon warrants drawn by the secretary of finance and administration." Chapter 100 Section 72 Laws 2023 SECTION 72. Section 65-7-20 NMSA 1978 (being Laws 2016, Chapter 80, Section 20) is amended to read: "65-7-20. RECORDS PURSUANT TO RULES OF THE DEPARTMENT OF TRANSPORTATION.-- A. A transportation network company holding a permit issued by the department of transportation shall maintain the records required pursuant to the Transportation Network Company Services Act to be collected by the transportation network company, including records regarding transportation network company drivers.

B. In response to a specific complaint, the department of transportation, its employees or its duly authorized agents may inspect those records held by a transportation network company for the investigation and resolution of the complaint. C. No more than semiannually and as determined by the department of transportation, the department, its employees or its duly authorized agents may, in a mutually agreed setting, inspect those records held by a transportation network company whose review is necessary to ensure public safety; provided that such review shall be on an audit rather than a comprehensive basis. D. Any proprietary records obtained by the department of transportation pursuant to this section shall not be subject to disclosure by the department." Chapter 100 Section 73 Laws 2023 SECTION 73. Section 65-7-21 NMSA 1978 (being Laws 2016, Chapter 80, Section 21) is amended to read: "65-7-21. ADMINISTRATIVE PENALTIES.-- A. If the department of transportation finds after investigation that a provision of the Transportation Network Company Services Act or an order or rule of the department is being, has been or is about to be violated, it may issue an order specifying the actual or proposed acts or omissions to act that constitute a violation and require that the violation be discontinued, rectified or prevented. B. Notwithstanding the existence of any other penalties, the department of transportation may assess an administrative fine of not more than one thousand dollars ($1,000) for each violation of a provision of the Transportation Network Company Services Act or of a lawful rule or order of the department. In the case of a continuing violation, each day's violation shall be deemed to be a separate and distinct offense. C. All penalties accruing under the Transportation Network Company Services Act shall be cumulative, and a suit for recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution." Chapter 100 Section 74 Laws 2023 SECTION 74. Section 65-7-22 NMSA 1978 (being Laws 2016, Chapter 80, Section 22) is amended to read: "65-7-22. INVOLUNTARY SUSPENSION AND REVOCATION.-- A. The department of transportation shall immediately suspend, without notice or a hearing, the permit of a transportation network company that:

(1) does not continuously maintain the insurance coverage prescribed by the Transportation Network Company Services Act; (2) does not pay the fees owed by the transportation network company and the transportation network company's drivers; or (3) operates in a manner that poses an immediate or imminent threat to public safety. B. Once suspended, the transportation network company may apply for reinstatement by requesting a public hearing before the department of transportation and shall establish that the basis for the suspension has been corrected." Chapter 100 Section 75 Laws 2023 SECTION 75. Section 66-1-4.16 NMSA 1978 (being Laws 1990, Chapter 120, Section 17, as amended) is amended to read: "66-1-4.16. DEFINITIONS.--As used in the Motor Vehicle Code: A. "safety glazing materials" means glazing materials constructed, treated or combined with other materials to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they are cracked and broken; B. "safety zone" means the area or space that is officially set apart within a highway for the exclusive use of pedestrians and that is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone; C. "salvage vehicle" means a vehicle: (1) other than a nonrepairable vehicle, of a type subject to registration that has been wrecked, destroyed or damaged excluding, pursuant to rules issued by the department, hail damage, to the extent that the owner, leasing company, financial institution or the insurance company that insured or is responsible for repair of the vehicle considers it uneconomical to repair the vehicle and that is subsequently not repaired by or for the person who owned the vehicle at the time of the event resulting in damage; or (2) that was determined to be uneconomical to repair and for which a total loss payment is made by an insurer, whether or not the vehicle is subsequently repaired, if, prior to or upon making payment to the claimant, the insurer obtained the agreement of the claimant to the amount of the total loss settlement and informed the claimant that, pursuant to rules of the department, the title must be branded and submitted to the department for issuance of a salvage certificate of title for the vehicle;

D. "school bus" means a commercial motor vehicle used to transport preprimary, primary or secondary school students from home to school, from school to home or to and from school-sponsored events, but not including a vehicle: (1) operated by a common carrier, subject to and meeting all requirements of the department of transportation but not used exclusively for the transportation of students; (2) operated solely by a government-owned transit authority, if the transit authority meets all safety requirements of the department of transportation but is not used exclusively for the transportation of students; (3) operated as a per capita feeder as provided in Section 22-16-6 NMSA 1978; or (4) that is a minimum six-passenger, full-size, extended-length, sport utility vehicle operated by a school district employee pursuant to Subsection D of Section 22-16-4 NMSA 1978; E. "seal" means the official seal of the taxation and revenue department as designated by the secretary; F. "secretary" means the secretary of taxation and revenue, and, except for the purposes of Sections 66-2-3 and 66-2-12 NMSA 1978, also includes the deputy secretary and any division director delegated by the secretary; G. "semitrailer" means a vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some significant part of its weight and that of its load rests upon or is carried by another vehicle; H. "sidewalk" means a portion of street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians; I. "slow-moving vehicle" means a vehicle that is ordinarily moved, operated or driven at a speed less than twenty-five miles per hour; J. "solid tire" means every tire of rubber or other resilient material that does not depend upon compressed air for the support of the load; K. "special mobile equipment" means a vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including but not limited to farm tractors, road construction or maintenance machinery, ditch-digging apparatus, well-boring apparatus and concrete mixers;

L. "specially constructed vehicle" means a vehicle of a type required to be registered under the Motor Vehicle Code not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction; M. "standard driver's license" means a license or a class of license issued by a state or other jurisdiction recognized by the laws of New Mexico that authorizes the holder to operate motor vehicles and is not guaranteed to be accepted by federal agencies for official federal purposes; N. "standard identification card" means an identification card that is not guaranteed to be accepted by federal agencies for official federal purposes; O. "state" means a state, territory or possession of the United States, the District of Columbia or any state of the Republic of Mexico or the Federal District of Mexico or a province of the Dominion of Canada; P. "state highway" means a public highway that has been designated as a state highway by the legislature, the state transportation commission or the secretary of transportation; Q. "stop", when required, means complete cessation from movement; R. "stop, stopping or standing", when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal; S. "street" or "highway" means a way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction; T. "subsequent offender" means a person who was previously a first offender and who again, under state law, federal law or a municipal ordinance or a tribal law, has been adjudicated guilty of the charge of driving a motor vehicle while under the influence of intoxicating liquor or any drug that rendered the person incapable of safely driving a motor vehicle, regardless of whether the person's sentence was suspended or deferred; and U. "suspension" means that a person's driver's license and privilege to drive a motor vehicle on the public highways are temporarily withdrawn."

Chapter 100 Section 76 Laws 2023 SECTION 76. Section 66-3-120 NMSA 1978 (being Laws 1978, Chapter 35, Section 67) is amended to read: "66-3-120. TRANSPORTATION OF CERTAIN VEHICLES--PROOF OF OWNERSHIP.-- A. A person transporting a crushed or inoperable vehicle or motor vehicle on a public way, street or highway in any manner shall have in the person's possession proof of ownership of the vehicle or: (1) an affidavit from the property owner upon whose property the vehicle or motor vehicle was abandoned authorizing the vehicle's removal from the property owner's land; and (2) a police clearance indicating the vehicle or motor vehicle has not been reported stolen. B. Any person who possesses either a New Mexico dismantler's or wrecker's license, a New Mexico auto dealer's license, a department of transportation license or a vehicle contract or common carrier license issued by the federal interstate commerce commission shall be exempt from the provisions of this section while transporting vehicles that are not abandoned, provided the person prominently displays a dealer's license plate or a dismantler's plate on the vehicle in tow or has a New Mexico department of transportation vehicle contract or common carrier permit number or a federal interstate commerce commission vehicle contract or common carrier permit number prominently displayed on the towing vehicle. C. Any person failing to have such documentation in the person's possession while transporting such a vehicle or motor vehicle is subject to the penalties produced in Section 66-4-9 NMSA 1978, and any vehicle or motor vehicle being transported by the person is subject to immediate confiscation. The vehicle or motor vehicle shall be towed to an authorized police impound lot until proof of ownership is presented or until the documentation described in this section is provided by either the owner of the vehicle or the person in possession. Failure to provide documentation within thirty days shall result in the vehicle or motor vehicle being deemed unclaimed and thus subject to claim by the person or firm in possession." Chapter 100 Section 77 Laws 2023 SECTION 77. Section 66-6-8 NMSA 1978 (being Laws 1978, Chapter 35, Section 343, as amended) is amended to read: "66-6-8. BUS REGISTRATION--AGRICULTURAL LABOR FEES.--

A. A bus that has a normal seating capacity of forty passengers or less and that is used exclusively for the transportation of agricultural laborers may be registered upon payment to the division of a fee of thirty-three dollars ($33.00). B. In addition to the registration fee imposed by this section, there is imposed at the time of registration an annual tire recycling fee of fifty cents ($.50) per wheel that is in contact with the ground on each vehicle subject to a registration fee pursuant to this section. C. Application for registration of a bus pursuant to this section shall be made in the form prescribed by the division and shall be accompanied by an affidavit that the bus will be used exclusively for the transportation of agricultural laborers. Upon registration, the bus is exempt from tariff-filing requirements of the department of transportation." Chapter 100 Section 78 Laws 2023 SECTION 78. Section 66-7-413 NMSA 1978 (being Laws 1978, Chapter 35, Section 484, as amended) is amended to read: "66-7-413. PERMITS FOR EXCESSIVE SIZE AND WEIGHT--SPECIAL NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED HOMES.-- A. The department of transportation and local highway authorities may, in their discretion, upon application in writing and good cause being shown, issue a special permit in writing authorizing the applicant to operate or move a vehicle or load of a size or weight exceeding the maximum specified in Sections 66-7-401 through 66-7-416 NMSA 1978 on a highway under the jurisdiction of the state transportation commission or local authorities. Except for the movement of manufactured homes, a permit may be granted, in cases of emergency, for the transportation of loads on a certain unit or combination of equipment for a specified period of time not to exceed one year, and the permit shall contain the route to be traversed, the type of load to be transported and any other restrictions or conditions deemed necessary by the body granting the permit. In every other case, the permit shall be issued for a single trip and may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting the permit. Every permit shall be carried in the vehicle to which it refers and shall be opened for inspection to any peace officer. It is a misdemeanor for a person to violate a condition or term of the special permit. B. The department of transportation shall promulgate rules in accordance with the State Rules Act pertaining to safety practices, liability insurance and equipment for escort vehicles provided by the motor carrier and for escort vehicles provided by a private business in this state; provided that: (1) the department of public safety or the department of transportation shall provide the escort personnel with a copy of applicable rules and shall inspect the

escort vehicles for the safety equipment required by the rules. If the escort vehicles and personnel meet the requirements set forth in the rules, the department of public safety shall issue the special permit; (2) the movement of vehicles upon the highways of this state requiring a special permit and required to use an escort of the type noted in Paragraph (1) of this subsection is subject to the authority of the department of transportation and the department of public safety and to inspection at all times; and (3) the department of transportation shall conduct engineering investigations and engineering inspections to determine which four-lane highways are safe for the operation or movement of manufactured homes without an escort. After making that determination, the department of transportation shall hold public hearings in the area of the state affected by the determination, after which it may adopt rules designating those four-lane highways as being safe for the operation or movement of manufactured homes without an escort. If a portion of such a four-lane highway lies within the boundaries of a municipality, the department of transportation, after obtaining the approval of the municipal governing body, shall include such portions in its rules. C. Except for the movement of manufactured homes, special permits may be issued for a single vehicle or combination of vehicles by the department of transportation for a period not to exceed one year for a fee of two hundred fifty dollars ($250). The special permits may allow excessive height, length and width for a vehicle or combination of vehicles or load thereon and may include a provision for excessive weight if the weight of the vehicle or combination of vehicles is not greater than one hundred forty thousand pounds. Utility service vehicles, operating with special permits pursuant to this subsection, shall be exempt from prohibitions or restrictions relating to hours or days of operation or restrictions on movement because of poor weather conditions. D. Special permits for a single trip for a vehicle or combination of vehicles or load thereon of excessive weight, width, length and height may be issued by the department of transportation for a single vehicle for a fee of twenty-five dollars ($25.00) plus the product of two and one-half cents ($.025) for each two thousand pounds in excess of eighty-six thousand four hundred pounds or major fraction thereof multiplied by the number of miles to be traveled by the vehicle or combination of vehicles on the highways of this state. E. If a vehicle for which a permit is issued pursuant to this section is a manufactured home, the department of transportation or local highway authority issuing the permit shall furnish the following information to the property tax division of the taxation and revenue department, which shall forward the information: (1) to the county assessor of a county from which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to if within the same county, the name of the owner of the

manufactured home and the identification and registration numbers of the manufactured home; (2) to the county assessor of any county in this state to which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to, the name of the owner of the manufactured home and the registration and identification numbers of the manufactured home; and (3) to the owner of a manufactured home having a destination in this state, notification that the information required in Paragraphs (1) and (2) of this subsection is being given to the respective county assessors and that manufactured homes are subject to property taxation. F. Except as provided in Subsection G of this section, if the movement of a manufactured home originates in this state, a permit shall not be issued pursuant to Subsection E of this section until the owner of the manufactured home or the authorized agent of the owner obtains and presents to the department of transportation proof that a certificate has been issued by the county assessor or treasurer of the county in which the manufactured home movement originates showing that either: (1) all property taxes due or to become due on the manufactured home for the current tax year or any past tax years have been paid, except for manufactured homes located on an Indian reservation; or (2) liability for property taxes on the manufactured home does not exist for the current tax year or a past tax year, except for manufactured homes located on an Indian reservation. G. The movement of a manufactured home from the lot or business location of a manufactured home dealer to its destination designated by an owner-purchaser is not subject to the requirements of Subsection F of this section if the manufactured home movement originates from the lot or business location of the dealer and the manufactured home was part of the dealer's inventory prior to the sale to the owner- purchaser; however, the movement of a manufactured home by a dealer or the dealer's authorized agent as a result of a sale or trade-in from a nondealer-owner is subject to the requirements of Subsection F of this section whether the destination is the business location of a dealer or some other destination. H. A permit shall not be issued pursuant to this section for movement of a manufactured home whose width exceeds eighteen feet with no more than a six-inch roof overhang on the left side or twelve inches on the right side in addition to the eighteen-foot width of the manufactured home. Manufactured homes exceeding the limitations of this section shall only be moved on dollies placed on the front and the rear of the structure.

I. The secretary of transportation may by rule provide for movers of manufactured homes to self-issue permits for certain sizes of manufactured homes over specific routes. The cost of a permit shall not be less than twenty-five dollars ($25.00). J. The secretary of transportation may provide by rule for dealers of implements of husbandry to self-issue permits for the movement of certain sizes of implements of husbandry from the lot or business location of the dealer over specific routes with specific escort requirements, if necessary, to a destination designated by an owner-purchaser or for purposes of a working demonstration on the property of a proposed owner-purchaser. The department of transportation shall charge a fee for each self-issued permit not to exceed fifteen dollars ($15.00). K. A private motor carrier requesting an oversize or overweight permit shall provide proof of insurance in at least the following amounts: (1) bodily injury liability, providing: (a) fifty thousand dollars ($50,000) for each person; and (b) one hundred thousand dollars ($100,000) for each accident; and (2) property damage liability, providing twenty-five thousand dollars ($25,000) for each accident. L. A motor carrier requesting an oversize permit shall produce a copy of a warrant or a single state registration receipt as evidence that the motor carrier maintains the insurance minimums prescribed by the department of transportation. M. The department of transportation may provide by rule the time periods during which a vehicle or load of a size or weight exceeding the maximum specified in Sections 66-7-401 through 66-7-416 NMSA 1978 may be operated or moved by a motor carrier on a highway under the jurisdiction of the state transportation commission or local authorities. N. An applicant for a special permit to operate a vehicle or combination of vehicles with a gross weight not exceeding ninety-six thousand pounds within six miles of the port of entry at the border with Mexico at Santa Teresa or within a circular quadrant starting at that port of entry with an east boundary line running due north twelve miles from the Santa Teresa port of entry to a point, then along an arc to the west with a twelve-mile radius and central angle of approximately ninety degrees to a point on the international boundary with Mexico, then returning due east twelve miles to the starting point at that port of entry, and twelve miles of other ports of entry on the border with Mexico shall not be required to demonstrate to the department of transportation that the load cannot be reduced as a condition of the issuance of the permit.

O. Revenue from fees for special permits authorizing vehicles and loads of excessive size or weight to operate or move upon a highway under the jurisdiction of the state transportation commission or local authorities shall be collected for the department of transportation and transferred to the state road fund." Chapter 100 Section 79 Laws 2023 SECTION 79. Section 66-8-116.2 NMSA 1978 (being Laws 1989, Chapter 319, Section 13, as amended) is amended to read: "66-8-116.2. PENALTY ASSESSMENT MISDEMEANORS--MOTOR CARRIER ACT.--As used in the Motor Vehicle Code and the Motor Carrier Act, "penalty assessment misdemeanor" means, in addition to the definitions of that term in Sections 66-8-116 and 66-8-116.1 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which, except as provided in Subsection E of this section, the listed penalty is established:

A. GENERAL

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT Failure to register

motor carrier 66-3-1.1 $300.00 Failure to carry tax

identification

permit 65-1-26 300.00 Failure of motor carrier

to comply with weight distance

requirements of the Weight

Distance Tax Act 65-1-26

(1) first conviction

300.00

(2) second conviction, within

ten years of the first conviction

500.00

3) third or subsequent

conviction, within ten years of the

first conviction

1,000.00 Failure to comply with

department of

transportation rules 65-2A-7 50.00 Failure to

carry single state

registration receipt issued

by a base state 65-2A-7 50.00 Failure to register with

a base state under the federal

Unified Carrier Registration Act

of 2005 65-2A-16 50.00 Failure to stop at

designated

registration place 65-5-1 100.00 Failure to obtain

proper clearance

certificates 65-5-3 100.00.

B. VEHICLE OUT-OF-SERVICE VIOLATIONS

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT Absence of braking action 65-3-9 $100.00 Damaged brake lining or pads 65-3-9 50.00 Loose or missing brake

components 65-3-12

100.00 Inoperable breakaway braking

system 65-3-12

50.00 Defective or damaged brake

tubing 65-3-12

50.00 Inoperative low pressure

warning device 65-3-9

50.00 Reservoir pressure not

maintained 65-3-12

100.00 Inoperative tractor

protection valve 65-3-9

100.00 Damaged or loose air

compressor 65-3-12

100.00 Audible air leak at brake

chamber 65-3-12

50.00 Defective safety devices--

chains or hooks 65-3-9

100.00 Defective towing or coupling

devices 65-3-9

100.00 Defective exhaust systems 65-3-9

30.00 Frame defects--trailers 65-3-12

100.00 Frame defects--other 65-3-9

100.00 Defective fuel systems 65-3-9

50.00 Missing or inoperative

lamps 65-3-9

25.00 Missing lamps on projecting

loads 65-3-9

50.00 Missing or inoperative

turn signal 65-3-9

25.00 Unsafe loading 65-3-8

100.00 Possession of radar detector

in commercial motor carrier

vehicle 65-3-8

100.00

Possession of alcoholic

beverage in commercial

motor carrier vehicle 65-3-8

200.00 Excessive steering wheel

play 65-3-9

100.00 Steering column defects 65-3-9

100.00 Steering box or steering

system defects 65-3-9

100.00 Suspension system defects 65-3-9

50.00 Defective springs or spring

assembly 65-3-9

50.00 Defective tires--steering

axle 65-3-9

100.00 Defective tires--other axles 65-3-9

30.00 Defective wheels and rims 65-3-9

50.00 Defective or missing

windshield wipers 65-3-9

30.00 Defective or inoperative

emergency exit--bus 65-3-9

100.00.

C. DRIVER OUT-OF-SERVICE VIOLATIONS

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT Driver's age 65-3-7

$30.00 Driver not licensed for

type of vehicle being

operated 65-3-7

30.00 Failure to have valid

commercial driver's license

in possession 66-5-59

30.00 No waiver of physical

disqualification

in possession 65-3-7

30.00 Sickness or fatigue 65-3-8

100.00 Driver disqualification 65-3-7

500.00 Exceeding the 10-hour

driving rule for

passenger carrier

transportation 65-3-11

100.00 Exceeding the 11-hour

driving rule for property

carrier transportation 65-3-11

100.00 Exceeding the 14-hour on

duty rule for property

carrier transportation 65-3-11

100.00 Exceeding the 15-hour on

duty rule for passenger

carrier transportation 65-3-11

100.00 Exceeding the 60 hours in 7

days on duty rule 65-3-11

100.00 Exceeding the 70 hours in 8

days on duty rule 65-3-11

100.00 False log book 65-3-11

100.00 No log book 65-3-11

100.00 No record for previous

7 days 65-3-11

100.00.

D. HAZARDOUS MATERIALS OUT-OF-SERVICE VIOLATIONS

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT Placarding violations 65-3-13

$250.00 Cargo tank not meeting

specifications 65-3-13

250.00 Internal valve operation

violations 65-3-13

250.00 Hazardous materials

packaging violations 65-3-13

250.00 Insecure load--hazardous

materials 65-3-13

250.00 Shipping papers violations 65-3-13

30.00 Shipment of forbidden

combination of hazardous

materials 65-3-13

250.00 No hazardous waste manifest 65-3-13

30.00 Bulk packaging marking

violations 65-3-13

30.00 Cargo tank marking violations 65-3-13

30.00. E. Upon a second conviction for failure to stop at a port of entry or inspection station pursuant to Section 65-5-1 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500)." Chapter 100 Section 80 Laws 2023 SECTION 80. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, PROPERTY, RECORDS, CONTRACTS AND REFERENCES IN LAW.-- A. On July 1, 2024, all staff positions, functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are transferred to the department of transportation.

B. Beginning July 1, 2024, all references in law, rules, orders and other official acts to the public regulation commission or the transportation division of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall be deemed references to the department of transportation. C. Beginning July 1, 2024, all contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are binding on the department of transportation. D. The rules, orders and decisions of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall remain in effect until repealed or amended. Chapter 100 Section 81 Laws 2023 SECTION 81. TEMPORARY PROVISION--RULES.--The department of transportation may review, amend, repeal and enact rules to carry out the provisions of this act; provided that any rules amended, repealed or enacted pursuant to the authority provided in this section shall not be effective until July 1, 2024. Chapter 100 Section 82 Laws 2023 SECTION 82. REPEAL.--Sections 63-3-33, 64-1-1 through 64-1-10, 64-1-18, 65- 2A-10, 65-2A-41 and 65-6-5 NMSA 1978 (being Laws 1915, Chapter 37, Section 5; Laws 1929, Chapter 71, Sections 1 through 8 and 10; Laws 1941, Chapter 115, Section 1; Laws 1939, Chapter 199, Section 5; Laws 2003, Chapter 359, Section 10; Laws 2013, Chapter 73, Section 33 and Laws 2013, Chapter 77, Section 33; and Laws 1974, Chapter 82, Section 5, as amended) are repealed. Chapter 100 Section 83 Laws 2023 SECTION 83. EFFECTIVE DATE.--The effective date of the provisions of Sections 1 through 80 and 82 of this act is July 1, 2024. LAWS 2023, CHAPTER 101 Senate Bill 168, aa Approved April 4, 2023 AN ACT RELATING TO DEATH REGISTRATION; ALLOWING FOR REGISTERED NURSES EMPLOYED BY HOSPICE AGENCIES TO MAKE DEATH PRONOUNCEMENTS.