Currently, the associations are working on speaking with both democratic and republican leadership regarding the capitol outlay bill that will hopefully lead to some agreement and a special session. Look for updates in your email alerts.
Passed Legislation:
Senate Bill 233 amends the Workers' Compensation Act and the New Mexico Occupational Disease Disablement Law to change temporary disability benefits and to incorporate a lifetime maximum benefit.
Senate Bill 158 amends existing law governing public works contracts (the Little Miller Act) to clarify the recovery due a person, firm or corporation that has performed labor on or furnished materials for the construction of a public works project and made claim against the payment bond for an unpaid balance due. The bill directs that that amount be determined according to the subcontract or other contractual relationship directly with the contractor who furnished the bond. This bill also adds language that allows a court to award costs, interest and reasonable attorney's fees in a suit brought by the state on a payment bond to recover taxes. CS/SB 158 reorganizes the structure of the existing section of law and makes other changes that clarify the law's provisions.
House Bill 2 General Appropriation Act of 2015
-- House Bill 578, authorizes the New Mexico Finance Authority (NMFA) to make loans or grants for 127 projects from the water project fund. The loans or grants are based on terms and conditions established by the Water Trust Board (WTB) and the New Mexico Finance Authority (NMFA) in accordance with the Water Finance Act. The bill contains an emergency clause.
For a complete list of Passed Legislation through the 2015 Session, CLICK HERE. Please note that passed legislation will only become law if Governor Martinez signs the passed legislation.
Failed Legislation that NMUCA was Supporting:
HB 55 - Public Works Project Wage Calculations (repeal of SB33) -- The House Transportation and Public Works Committee Substitute for HB 55 and HB 80 proposes to determine wage rate and fringe benefit rates on public works projects through a survey process conducted by the director of the Labor Relations program of the Workforce Solutions Department (WSD) by amending Section 13-4-11 NMSA 1978. The prevailing wage rates determined under the bill would be compiled and kept on file as official records. The bill would delete Subsection B of the statute, in which the director must use the prevailing rates of collective bargaining agreements that exist in the locality of the project.
Passed House Business & Employment Committee 7-4
Passed House Transportation & Public Works Committee 4-3
Passed the House 31-28
House Bill 299 - Public Private Partnerships (P3)-did not get heard in Senate Committees --This bill only received partisan support which means that our education efforts for advancing Public Private Partnerships in New Mexico need to be ongoing through the interim. A major concern that kept coming up repeatedly was that this opens the door to privatization of public assets which is not the case considering that the assets remain public and are only under private ownership/maintenance for a specific amount of time agreed to in the contract between public and private entities. Another concern against the use of P3s was "privatization takeover" which, again, is not the case since these agreements are only an available tool and both parties would have to agree to the conditions within the contract itself.
Passed House Transportation & Public Works Committee 6-4
Passed House Judiciary Committee 7-5
Passed House 38-27
House Bill 250 -Worker's Compensation Return to Work & Benefits - HJC Substitute for HB 250 reorganized Section 52-1-25.1 and clarified exceptions to Temporary Total Disability (TTD) and Permanent Partial Disability (PPD) entitlement by placing the exceptions in separate subparagraphs. The Substitute also addresses issues and questions raised during hearing. First, the Substitute provides that where an employer makes a bona fide, reasonable return to work offer, the worker is not entitled to TTD benefits or PPD modifier benefits if the worker rejects the offer. Second, the Substitute continues to provide that a worker who returns to work and is later terminated for misconduct loses TTD and PPD modifier benefits, provided that an employer shall be subject to bad faith penalties when an employer terminates a worker for the pre-textual reasons of attempting to avoid payment of benefits of as retaliation against the worker. Finally, the Substitute revises Section 52-1-25.1 to clarify that an employer is still obligated to provide worker with reasonable and necessary medical care, regardless of the worker's return to work status.
Passed House Business & Employment Committee 10-2
Passed House Judiciary Committee 11-0
Passed House 66-0
Passed Senate Corporations and Transportation Committee 7-0
Defeated in Senate Judiciary
House Bill 238 Worker's Compensation Benefits and Intoxication - House Bill 238 would repeal Section 52-1-12 and amend Sections 52-1-11 and 52-1-12.1 NMSA 1978 of the Workers' Compensation Act. Section 52-1-11 NMSA 1978 would continue to provide that a worker who willfully or intentionally causes his or her injury is not entitled to workers' compensation benefits. SJC amendment inserts an additional section which increases the compensation benefits payable to a worker who was intoxicated at the time of their injury if their employer knew or should have known of the employee's intoxication prior to the injury. HBEC amendment changes the minimum reduction of benefits due and payable from an employer to ten percent but no more than ninety percent and adds language stating that the reduction or denial of benefits in this bill shall not affect payments of benefits to the dependents of a deceased worker. HJC amendment seeks to protect benefit payments to the surviving dependent of a deceased worker whose intoxication or influence contributed to the workplace accident resulting in worker's death.
Passed House Judiciary Committee 9-4
Passed House Business and Employment 12-0
Passed House 64-2
Passed Senate Corporations and Transportation Committee 6-0
Passed Senate Judiciary Committee 8-0
Never heard on Senate Floor.
Senate Bill 553 Companion Bill to House Bill 238 listed above.
Passed Senate Corporations and Transportation 7-1
Passed Senate Judiciary 8-0
Never Heard on Senate Floor
Other Notable Bills that Failed to Pass:
Senate Bill 394 - Increase and Index Gas Tax for Road Projects
Senate Bill 656 - Raise Gas Tax & Create a Road Fund
Senate Bill 214 - Motor Vehicle Tax to Road Fund
House Bill 75 - Employee Preference Act
House Bill 482 - Reduce Some Unemployment Benefits
House Bill 279 - Reduce Corporate Income Tax Rate
Public Works Package worth $264 Million
