Sen. Jim Townsend

Maddy summaryHB 348 increases daily penalties for violating New Mexico water laws from $100 to $2,000 for most violations (excluding illegal water recovery), and to $10,000 for violations involving illegal water recovery. It requires annual penalty adjustments based on inflation using the Consumer Price Index, with increases capped at 150% of current amounts. The bill prioritizes requiring violators to repay diverted water as a remedy before imposing fines, and mandates the state engineer to post updated penalty amounts annually on their website. It directly affects water users - such as farmers, ranchers, and developers - who overdivert or illegally use water resources.

Maddy summarySB 452 (New Mexico, 2025) would make it a fourth-degree felony to knowingly ask a non-U.S. citizen to register to vote or vote in New Mexico, punishable by up to $5,000 in fines per violation. The bill directly affects individuals or groups who solicit non-citizens for voter registration or participation, including community organizers or volunteers. Key provisions prohibit solicitation (verbally or electronically), state that including a disclaimer advising non-citizens not to vote does not defend against charges, and authorize prosecutors to enforce the law. The bill, which stalled in committee, would take effect July 1, 2025, if enacted.

Maddy summarySB 391 increases civil penalties for air quality violations in New Mexico, setting daily fines up to $15,000 for permit breaches and $25,000 for noncompliance with enforcement orders. It directly affects businesses and facilities operating under air quality permits by raising financial stakes for violations. Key provisions include exempting penalties for self-reported violations with corrective action and for equipment malfunctions when maintenance records are up-to-date. The bill also clarifies legal representation in enforcement cases (e.g., attorney general for state actions) and limits penalty claims to five years from when the violation was known.

Maddy summarySB 286 creates the "Education Freedom Account Act," which establishes state-funded accounts for low-income New Mexico students (eligible if family income is at or below 200% of the federal poverty level and without a high school diploma). The program deposits funds equal to average public school spending per student (adjusted for special needs) into accounts, allowing parents to cover qualifying expenses like private school tuition, tutoring, textbooks, and approved educational services at non-online private schools. Funds must be used exclusively for these approved expenses through annual contracts, cannot be refunded to parents, and unused balances revert to the state general fund after two years. The bill explicitly excludes online schools from being eligible education service providers.

Maddy summarySB 423 requires the Legislative Finance Committee to analyze the costs and impacts of "major rules" (those costing $10 million+ annually or significantly affecting industries/communities) before they take effect. It mandates that all state agency rules must receive the governor’s approval and automatically expire after five years unless renewed by the legislature. The bill also defines "major rules" and requires agencies to provide detailed cost-benefit analyses, including effects on state revenue, compliance costs, and alternatives. This directly affects state agencies creating regulations, the governor, and legislative committees managing rule oversight. The changes aim to increase transparency and accountability in rulemaking.

Maddy summarySB 257 creates a new Office of Border Security within New Mexico to coordinate border security efforts with federal and local governments. The office will manage construction, security, and maintenance of a physical border fence along New Mexico's border with Mexico, using powers like eminent domain to acquire land and a dedicated $6 million fund ($4 million for fence coordination, $2 million for operations) appropriated from the state general fund through 2029. This bill directly affects landowners near the border and local governments involved in border security projects. The office must coordinate with federal authorities and will disburse funds through state treasury warrants, with unused funds reverting to the general fund by 2029.

Maddy summarySB 470 requires livestock owners (not others) to apply directly to New Mexico's State Engineer for permits to store surface water for watering livestock, effective July 1, 2025. It limits this simplified application process to small impoundments (10 acre-feet or less) and excludes uses like fishing, recreation, or aesthetic purposes, which still require standard water permits. Applicants must prove legal access to land for livestock and demonstrate the water is solely for livestock watering, not other activities. The bill clarifies that only livestock owners may apply for these specific permits, streamlining the process for small-scale livestock water needs.

Maddy summarySB 185 makes unauthorized use of underground water a criminal offense in New Mexico. It prohibits selling, trading, or using water requiring a state permit without authorization or for purposes not approved by the state engineer. Violators face a fourth-degree felony charge, a $1,000 fine per 42-gallon barrel, and potential sentencing under existing law. The state attorney general or district attorneys can enforce this law to address illegal groundwater extraction. This bill directly affects individuals and businesses using underground water without proper permits or for disallowed purposes.

Maddy summarySB 280 adds the New Mexico Military Institute (NMMI) to the list of "constitutional special schools" under New Mexico's Public School Capital Outlay Act. This change directly affects NMMI by making it eligible for state funding to support school facility improvements, such as building systems and infrastructure. The bill amends the legal definition of "constitutional special schools" to include NMMI alongside the New Mexico School for the Blind and Visually Impaired and the New Mexico School for the Deaf. This is a procedural update to the existing funding law, ensuring NMMI qualifies for capital outlay funding like other designated special schools.

Maddy summarySB 348 requires New Mexico to make annual payments to local governments (like counties) when the state acquires real property that was previously subject to local property taxes. The payments, calculated based on the prior year's property tax liability for that property, are deposited into a new "Payments in Lieu of Taxes Fund" managed by the Taxation and Revenue Department. The Department of Transportation is exempt from this requirement for highway projects, and payments depend on annual state appropriations, taking effect July 1, 2025.