New Mexico 2024 Regular Session Status: In Committee 3 D cosponsors

HB 9 — CLIMATE, ENERGY & WATER DIVISION

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

80 added · 255 removed

Plain-language change summary

The recent amendments to Bill HB 9 introduce new criminal offenses related to firearm safety, specifically addressing the negligent storage of firearms that could be accessed by minors. Under the new provisions, individuals can face misdemeanor charges if they fail to securely store firearms, resulting in a minor being able to access them and potentially cause harm. This change is significant as it aims to enhance child safety and hold adults accountable for improper firearm storage, potentially reducing the risks of gun-related accidents involving minors.

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HOUSE COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE SUBSTITUTE FOR HOUSE BILL 9 56TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2024 4 6 8 10 AN ACT RELATING TO ECONOMIC DEVELOPMENT;
AN ACT RELATING TO CRIME;
CREATING THE CLIMATE, ENERGY AND WATER DIVISION WITHIN THE ECONOMIC DEVELOPMENT DEPARTMENT;
CREATING THE CRIMES OF NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR AND NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR RESULTING IN GREAT BODILY HARM OR DEATH;
PROVIDING THE POWERS AND DUTIES OF THE DIVISION;
PROVIDING PENALTIES;
ESTABLISHING THE DECARBONIZATION TECHNOLOGY PROGRAM;
PROVIDING EXCEPTIONS.
CREATING THE CLIMATE, ENERGY AND WATER PROJECT FUND;
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
MAKING APPROPRIATIONS.
SECTION 1.
e t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
A new section of the Criminal Code is enacted to read:
w l n d 18 SECTION 1.
"NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR--NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR RESULTING IN GREAT BODILY HARM OR DEATH--PENALTIES.-- A.
Section 9-15-4 NMSA 1978 (being Laws 1983, = = 19 a l Chapter 297, Section 4, as amended) is amended to read:
A person commits the crime of negligently making a firearm accessible to a minor if:
i a e r 20 "9-15-4.
(1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm;
DEPARTMENT ESTABLISHED.--The "economic a t m m 21 development department" is created in the executive branch.
and (2) a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death.
d r e 22 The department shall be a cabinet department and shall consist c e s k 23 of, but not be limited to, [seven] six divisions as follows:
Whoever commits negligently making a firearm accessible to a minor is guilty of a misdemeanor.
e a n b 24 A.
the administrative services division;
u [ B.
the economic development division;
.227934.2 HCEDC/HB 9 C.
the New Mexico film division;
[D.
the technology enterprise division;
E.
the trade and Mexican affairs division;] D.
the climate, energy and water division;
[F.] E.
the New Mexico outdoor recreation division;
and [G.] F.
the creative industries division." SECTION 2.
A new section of the Economic Development Department Act is enacted to read:
"[NEW MATERIAL] CLIMATE, ENERGY AND WATER DIVISION CREATED.-- A.
The "climate, energy and water division" is created in the department.
The division shall:
(1) serve as project permitting navigators for climate, energy and water projects;
(2) identify site-ready and brownfield e t 17 locations for climate, energy and water projects;
w l n d 18 (3) provide recommendations to the governor = = 19 and the legislature for the streamlining of permitting for a l i a e r 20 climate, energy and water projects;
a t m m 21 (4) work with international, regional and d r e 22 national entities on climate, energy and water technology and c e s k 23 projects;
e a n b 24 (5) coordinate with industry and workforce u [ organizations, educational and post-secondary educational .227934.2 - 2 - HCEDC/HB 9 institutions and the workforce solutions department to ensure a trained workforce in the state;
(6) engage directly with Indian nations, tribes and pueblos on climate, energy and water partnerships, including serving as a resource for grant opportunities, workforce development and industry relationships;
(7) identify and facilitate partnerships for entities in the state to apply for competitive federal grant opportunities relating to climate, energy and water technology and projects;
(8) establish guidelines and rules for programs and grants for climate, energy and water technology pilot and demonstration projects;
(9) develop a two-year strategic plan and submit the plan to the department before August 1 of each year;
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(10) gather, centralize and disseminate e t 17 information on climate, energy and water technology and w l n d 18 entities working in those sectors;
and = = 19 (11) create programs to support the a l i a e r 20 decarbonization of New Mexico industry, electricity generation, a t m m 21 transportation, agriculture and buildings.
d r e 22 B.
The division may:
c e s k 23 (1) adopt rules for a decarbonization e a n b 24 technology program;
u [ (2) make, enter into and enforce contracts, .227934.2 - 3 - HCEDC/HB 9 agreements and other instruments necessary, convenient or desirable in the exercise of the division's powers and functions;
(3) enter into agreements to share employees with the department of environment, the energy, minerals and natural resources department, the office of the state engineer and the workforce solutions department;
and (4) do anything necessary to carry out the division's purposes and exercise the division's powers." SECTION 3.
A new section of the Economic Development Department Act is enacted to read:
"[NEW MATERIAL] DECARBONIZATION TECHNOLOGY PROGRAM.--The climate, energy and water division of the department shall establish the "decarbonization technology program" in the department to:
A.
recruit to the state and support e t 17 decarbonization, energy efficiency, clean energy, energy w l n d 18 storage and water efficiency and resilience technology = = 19 companies;
a l i a e r 20 B.
coordinate and link pilot and demonstration a t m m 21 projects to existing entities in the state;
d r e 22 C.
promote technology transfer, commercialization c e s k 23 and research and development of decarbonization, energy e a n b 24 efficiency, clean energy, energy storage and water efficiency u [ and resilience technology in the state;
.227934.2 - 4 - HCEDC/HB 9 D.
develop and implement tools and incentives to facilitate decarbonization efforts;
and E.
establish a carbon concierge program to connect decarbonization technology suppliers, offtakers and carbon- emitting sectors to new technologies that will reduce or eliminate greenhouse gas emissions or support water resilience." SECTION 4.
A new section of the Economic Development Department Act is enacted to read:
"[NEW MATERIAL] CLIMATE, ENERGY AND WATER PROJECT FUND-- CREATED.-- A.
The "climate, energy and water project fund" is created as a nonreverting fund in the state treasury.
The fund consists of appropriations, gifts, grants, fees, distributions, donations and income from investment of the fund.
Money in the fund shall be expended upon warrant of the secretary of finance e t 17 and administration pursuant to vouchers signed by the secretary w l n d 18 of economic development or the secretary's authorized = = 19 representative.
Money in the climate, energy and water project a l i a e r 20 fund is appropriated to the department for administration by a t m m 21 the climate, energy and water division to make grants for:
d r e 22 (1) state matching funds for federal grants c e s k 23 for climate, water and energy technology projects;
e a n b 24 (2) pilot and demonstration projects for u [ decarbonization, energy efficiency, clean energy, energy .227934.2 - 5 - HCEDC/HB 9 storage and water efficiency and resilience technologies;
and (3) studies and research concerning the development of decarbonization, energy efficiency, clean energy, energy storage and water efficiency and resilience technologies.
The climate, energy and water division shall develop an application grant process that:
A person commits the crime of negligently making a firearm accessible to a minor resulting in great HB 9/a Page 1 bodily harm or death if:
(1) protects intellectual property;
(1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm;
and (2) ensures transparency.
and (2) a minor accesses the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person.
Whoever commits negligently making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.
The climate, energy and water division shall develop grant criteria that may include:
A person does not violate Subsection A or B of this section if a minor obtains a firearm:
(1) the viability of the technology;
(1) that was either kept in a locked container and was securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor;
(2) whether the technology was developed in the state;
(2) that was carried on the person or within the person's immediate control;
(3) whether the technology can be deployed in the state;
(3) that was locked with a firearm safety device that rendered the firearm inoperable;
e t 17 (4) whether the project demonstrates a long- w l n d 18 term connection to the state;
(4) in the course of self-defense or defense of another person;
= = 19 (5) whether the project will benefit the a l i a e r 20 state's environment, public health, economy and workers;
(5) by illegal entry to the person's property;
and a t m m 21 (6) whether the project or technology has d r e 22 received funding from other sources." c e s k 23 SECTION 5.
or (6) with the authorization of the minor's HB 9/a Page 2 parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose.
APPROPRIATIONS.-- e a n b 24 A.
D.
Ten million dollars ($10,000,000) is u [ appropriated from the general fund to the climate, energy and .227934.2 - 6 - HCEDC/HB 9 water project fund for expenditure in fiscal year 2025 and subsequent fiscal years for the purposes of the fund.
As used in this section:
Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
(1) "brandish" means to display or make a firearm known to another person while the firearm is present on the person of the minor with intent to intimidate or injure a person;
B.
(2) "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion;
Five million dollars ($5,000,000) is appropriated from the general fund to the climate, energy and water division of the economic development department for expenditure in fiscal year 2025 to carry out the purposes of the division.
(3) "firearm safety device" means a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm;
Any unexpended or unencumbered balance remaining at the end of fiscal year 2025 shall revert to the general fund.
and (4) "minor" means a person under eighteen years of age." HB 9/a Page 3 25
SECTION 6.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.
- 7 - 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .227934.2
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Action History

  1. action postponed indefinitely

  2. DO NOT PASS, replaced with committee substitute

  3. Sent to House Commerce & Economic Development Committee & House Appropriations & Finance Committee

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors HB 9?
HB 9 is sponsored by Meredith A. Dixon (Democrat), Nathan P. Small (Democrat), and Kristina Ortez (Democrat).
What is the current status of HB 9?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 9?
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