2021 ROUND HOUSE REVIEW
FINAL
After 60 days of hard work, frustration, tears, laughs, and long nights by both legislators and lobbyists; the gavel fell at 11:55am Saturday morning (3/20/21) adjourning the NM State Legislature, Sine Die! 2021 was a rough session for the outfitting industry but we managed to limp across the finish line. We had some really big moments in 2021 and it felt great to see sportsmen, landowners, and agriculture come together to kill SB 312 in week 5 and SB 419 in week 7. However, our loss on SB 32 (the bill that will ban trapping on all NM public lands) continues to sting rather badly and has somewhat overshadowed our wins. Of course, it is not over until the bill is signed so we will continue pushing for a Governor veto.
In all, there were 916 pieces of legislation introduced in the 2021 session. 199 measures passed both chambers. The Governor has until April 9th to sign bills into law. After that date anything not signed will be pocket vetoed. NMCOG actively monitored 45 bills this session. Many never made it out of their first or second committee. Below is a recap of the NMCOG top 10.
BILLS NMCOG OPPOSED THAT PASSED & WERE SIGNED BY THE GOVERNOR:
SB 32 – WILDLIFE CONSERVATION AND PUBLIC SAFETY ACT (TRAPPING BAN)
Sponsor: Senators Gonzales & McKenna
This bill will end trapping on ALL public lands in NM. The bill prevents leghold traps, body-gripping traps, snares, cage traps, and wildlife poison. The trapping ban would not apply to trappers who are working under contract for state or federal wildlife agencies. But it would ban all trapping conducted under landowner/trapper agreements on public land agricultural lease acreage. Violators of the Act would be guilty of a misdemeanor and each trap would be considered a single violation. All Indian reservation lands are exempt from the Act as well as any individual who is a member of an Indian nation, tribe, or pueblo. The bill passed the Senate by a vote of 23-16. The bill passed the House by a vote of 35-34.
HB 20-- HEALTHY WORKPLACES ACT
Sponsors: Sen. Stewart, Rep. Chandler & Rep. Rubio
Cited as the Healthy Workplaces Act, requires all employers to provide a minimum amount of earned sick leave to all employees, including part-time and temporary workers. Prohibits retaliation against employees for exercising their rights under the act and provides for penalties for violation. Exempt’s employers who already provide a more generous earned sick leave policy. Secretary of Workforce Solutions is given authority to implement and enforce the act and promulgate appropriate rules to do so.
BILLS NMCOG OPPOSED THAT DID NOT PASS:
SB 312 - GAME AND FISH WILFLIFE CHANGES
Sponsors: Sen. Steinborn & Rep. Small
This bill would have established a straight 90/10 quota, eliminate the outfitter pool, repealed the Jennings Law (step-one in dismantling EPLUS), increased nonresident bull elk license costs, changed the purview of the Game and Fish to include all wildlife species, and change the name of Game and Fish to the “Wildlife Conservation Department”. The bill was tabled in the Senate Conservation Committee
SB 419 - NARROW LANDOWNER ANIMAL TAKINGS
Sponsor: Senator Steinborn
Was basically a straight Jennings Law repeal. The bill would have eliminated a landowner's ability to protect their private property, livestock, or crops from wildlife damage & depredation. Under this bill, even after a landowner has worked with the Dept. of Game and Fish to resolve a wildlife depredation problem for a full year, the landowner would still not have the right to take or kill an animal without the explicit permission of the State Game Commission through Rule. This bill was an EPLUS repeal bill masquerading as a benefit of wildlife. It died a miserable and fantastic death in the Senate Judiciary Committee. Special thanks the Senators Diamond, Campos, Woods, Burt, Sharer, Candelaria, and Munoz who all voted to table the bill.
HOUSE BILL 78 - TIERRA AMARILLA TRADITIONAL USE LAND MGMT.
Sponsor: Rep. Miguel Garcia
This bill would have transferred the Sargent, Humphries, and Rio Chama Wildlife Management areas from the NMDGF to the control of the Tierra Amarilla Land Grant. The bill never received a hearing.
HB 110-- PHASED MINIMUM WAGE INCREASE
Sponsor: Rep. Roybal-Caballero
This bill would have undermined the 2019 legislative compromise that steps up increases to the state’s minimum wage overtime. The bill was left pending in the House Commerce and Economic Development Committee
SJR 3 - THE GREEN AMENDMENT
Sponsor: Senator Sedillo-Lopez
This joint resolution proposed an amendment to the constitution to provide the people of the state with “environmental rights including the right to a clean and healthy environment and the right to the preservation of the environment. NMCOG found the word “preservation” to be concerning given that “conservation” is typically used to describe an environment that is actively managed for the benefit of wildlife, habitat, and/or to support multiple uses. The bill was left pending in the Senate Judiciary Committee.
HB 166 - CREATE NEW FIREARMS CRIMES
Sponsor – Rep. Lujan
This bill would have ended the centuries-old custom of manufacturing firearms, or firearms components, for personal use. This proposed ban on self-made firearms would have criminalized hobbyists who design, assemble, or manufacture their own guns or gun components. This bill was left pending in the House Judiciary Committee.
SB 224 - CRIME OF FAILURE TO SECURE FIREARM
Sponsor: Senator Sedillo-Lopez
This bill would have mandated that all firearms be stored in a locked gun safe when not in use. It would have also made it a crime for a parent to allow a child under the age of 12 to use a firearm. The bill was left pending in the Senate Judiciary Committee.
BILLS NMCOG SUPPORTED THAT DID NOT PASS:
SENATE BILL 293 - REFUND & WAIVER OF CERTAIN BUSINESS LICENSES
Sponsor: Senator. Candelaria
This bill would have provided for the refund and waiver of license fees to certain businesses whose operations were restricted by the executive orders made pursuant to the COVID-19 public health emergency response act. Translation, fishing outfitters in NM State Parks would be eligible for concession permit refunds and waiver of permit fees for 2022 and 2023. This bill was never heard in committee however, NMCOG was contacted by the EMNRD last week to negotiate a way to waive 2021 concession fees for fishing outfitters within rule (and without legislation). We are looking forward to those conversations.
In all, there were 916 pieces of legislation introduced in the 2021 session. 199 measures passed both chambers. The Governor has until April 9th to sign bills into law. After that date anything not signed will be pocket vetoed. NMCOG actively monitored 45 bills this session. Many never made it out of their first or second committee. Below is a recap of the NMCOG top 10.
BILLS NMCOG OPPOSED THAT PASSED & WERE SIGNED BY THE GOVERNOR:
SB 32 – WILDLIFE CONSERVATION AND PUBLIC SAFETY ACT (TRAPPING BAN)
Sponsor: Senators Gonzales & McKenna
This bill will end trapping on ALL public lands in NM. The bill prevents leghold traps, body-gripping traps, snares, cage traps, and wildlife poison. The trapping ban would not apply to trappers who are working under contract for state or federal wildlife agencies. But it would ban all trapping conducted under landowner/trapper agreements on public land agricultural lease acreage. Violators of the Act would be guilty of a misdemeanor and each trap would be considered a single violation. All Indian reservation lands are exempt from the Act as well as any individual who is a member of an Indian nation, tribe, or pueblo. The bill passed the Senate by a vote of 23-16. The bill passed the House by a vote of 35-34.
HB 20-- HEALTHY WORKPLACES ACT
Sponsors: Sen. Stewart, Rep. Chandler & Rep. Rubio
Cited as the Healthy Workplaces Act, requires all employers to provide a minimum amount of earned sick leave to all employees, including part-time and temporary workers. Prohibits retaliation against employees for exercising their rights under the act and provides for penalties for violation. Exempt’s employers who already provide a more generous earned sick leave policy. Secretary of Workforce Solutions is given authority to implement and enforce the act and promulgate appropriate rules to do so.
BILLS NMCOG OPPOSED THAT DID NOT PASS:
SB 312 - GAME AND FISH WILFLIFE CHANGES
Sponsors: Sen. Steinborn & Rep. Small
This bill would have established a straight 90/10 quota, eliminate the outfitter pool, repealed the Jennings Law (step-one in dismantling EPLUS), increased nonresident bull elk license costs, changed the purview of the Game and Fish to include all wildlife species, and change the name of Game and Fish to the “Wildlife Conservation Department”. The bill was tabled in the Senate Conservation Committee
SB 419 - NARROW LANDOWNER ANIMAL TAKINGS
Sponsor: Senator Steinborn
Was basically a straight Jennings Law repeal. The bill would have eliminated a landowner's ability to protect their private property, livestock, or crops from wildlife damage & depredation. Under this bill, even after a landowner has worked with the Dept. of Game and Fish to resolve a wildlife depredation problem for a full year, the landowner would still not have the right to take or kill an animal without the explicit permission of the State Game Commission through Rule. This bill was an EPLUS repeal bill masquerading as a benefit of wildlife. It died a miserable and fantastic death in the Senate Judiciary Committee. Special thanks the Senators Diamond, Campos, Woods, Burt, Sharer, Candelaria, and Munoz who all voted to table the bill.
HOUSE BILL 78 - TIERRA AMARILLA TRADITIONAL USE LAND MGMT.
Sponsor: Rep. Miguel Garcia
This bill would have transferred the Sargent, Humphries, and Rio Chama Wildlife Management areas from the NMDGF to the control of the Tierra Amarilla Land Grant. The bill never received a hearing.
HB 110-- PHASED MINIMUM WAGE INCREASE
Sponsor: Rep. Roybal-Caballero
This bill would have undermined the 2019 legislative compromise that steps up increases to the state’s minimum wage overtime. The bill was left pending in the House Commerce and Economic Development Committee
SJR 3 - THE GREEN AMENDMENT
Sponsor: Senator Sedillo-Lopez
This joint resolution proposed an amendment to the constitution to provide the people of the state with “environmental rights including the right to a clean and healthy environment and the right to the preservation of the environment. NMCOG found the word “preservation” to be concerning given that “conservation” is typically used to describe an environment that is actively managed for the benefit of wildlife, habitat, and/or to support multiple uses. The bill was left pending in the Senate Judiciary Committee.
HB 166 - CREATE NEW FIREARMS CRIMES
Sponsor – Rep. Lujan
This bill would have ended the centuries-old custom of manufacturing firearms, or firearms components, for personal use. This proposed ban on self-made firearms would have criminalized hobbyists who design, assemble, or manufacture their own guns or gun components. This bill was left pending in the House Judiciary Committee.
SB 224 - CRIME OF FAILURE TO SECURE FIREARM
Sponsor: Senator Sedillo-Lopez
This bill would have mandated that all firearms be stored in a locked gun safe when not in use. It would have also made it a crime for a parent to allow a child under the age of 12 to use a firearm. The bill was left pending in the Senate Judiciary Committee.
BILLS NMCOG SUPPORTED THAT DID NOT PASS:
SENATE BILL 293 - REFUND & WAIVER OF CERTAIN BUSINESS LICENSES
Sponsor: Senator. Candelaria
This bill would have provided for the refund and waiver of license fees to certain businesses whose operations were restricted by the executive orders made pursuant to the COVID-19 public health emergency response act. Translation, fishing outfitters in NM State Parks would be eligible for concession permit refunds and waiver of permit fees for 2022 and 2023. This bill was never heard in committee however, NMCOG was contacted by the EMNRD last week to negotiate a way to waive 2021 concession fees for fishing outfitters within rule (and without legislation). We are looking forward to those conversations.