New Mexico 2019 Regular Session Status: Enacted

SB 244 — LEGAL SERVICES FOR LAND GRANTS & ACEQUIAS

Last action — Signed

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

This bill has been enacted into law. Introduced January 11, 2019. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

215 added · 286 removed

Plain-language change summary

The updated version of SB 244 introduces the "Community Governance Attorney Act," which aims to enhance legal services for specific communities, such as acequias and low-income residents in colonias. It establishes a new commission and legal roles focused on helping small political subdivisions navigate legal challenges related to land and water use. This change is significant because it creates dedicated support for communities that often face legal issues without adequate resources, helping them better manage their governance and services.

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SENATE BILL 244 54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY Gerald Ortiz y Pino and Miguel P.
AN ACT RELATING TO LEGAL SERVICES;
Garcia 6 8 10 AN ACT RELATING TO LEGAL SERVICES;
ESTABLISHING A PROGRAM TO INCREASE LEGAL SERVICES FOR ACEQUIAS, LAND GRANTS-MERCEDES AND LOW-INCOME RESIDENTS OF COLONIAS;
ESTABLISHING A PROGRAM TO INCREASE LEGAL SERVICES FOR ACEQUIAS, LAND GRANTS-MERCEDES AND LOW- INCOME RESIDENTS OF COLONIAS;
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e t 17 SECTION 1.
SECTION 1.
[NEW MATERIAL ] SHORT TITLE.--This act may be w l n d 18 cited as the "Community Governance Attorney Act".
SHORT TITLE.--This act may be cited as the "Community Governance Attorney Act".
= = 19 SECTION 2.
SECTION 2.
[NEW MATERIAL] DEFINITIONS.--As used in the a l i a e r 20 Community Governance Attorney Act:
DEFINITIONS.--As used in the Community Governance Attorney Act:
a t m m 21 A.
A.
"acequia" means a political subdivision d r e 22 organized pursuant to Chapter 73, Article 2 or 3 NMSA 1978;
"acequia" means a political subdivision organized pursuant to Chapter 73, Article 2 or 3 NMSA 1978;
c e s k 23 B.
B.
"colonia" means a community as defined in the e a n b 24 Colonias Infrastructure Act;
"colonia" means a community as defined in the Colonias Infrastructure Act;
u [ C.
C.
"commission" means the community governance .212264.1 attorney commission;
"commission" means the community governance attorney commission;
"course of study" means a law student's legal education, including clinical and internship programs and preparation courses for the state bar examination;
"course of study" means a law student's legal SB 244 Page 1 education, including clinical and internship programs and preparation courses for the state bar examination;
"land grant-merced" means a political subdivision organized pursuant to Chapter 49, Article 1 or 4 e e 17 NMSA 1978;
"land grant-merced" means a political subdivision organized pursuant to Chapter 49, Article 1 or 4 NMSA 1978;
e e n d 18 I.
I.
"participant" means an individual who has = = l ] 19 applied to participate in, has been accepted into and has a l r i 20 signed a contract agreeing to the terms of the program;
"participant" means an individual who has applied to participate in, has been accepted into and has signed a contract agreeing to the terms of the program;
t e a t J.
J.
"program" means the community governance m m 21 e d r e 22 attorney and conditional tuition waiver program;
"program" means the community governance attorney and conditional tuition waiver program;
c e r c 23 K.
K.
"secretary" means the secretary of higher e a n b 24 education;
"secretary" means the secretary of higher education;
u [ L.
L.
"university" means the university of New Mexico .212264.1 - 2 - school of law;
"university" means the university of New Mexico school of law;
[NEW MATERIAL ] COMMUNITY GOVERNANCE ATTORNEY AND CONDITIONAL TUITION WAIVER PROGRAM CREATED-- ADMINISTRATION--RULEMAKING SELECTION PROCESS--REPAYMENT.-- A.
COMMUNITY GOVERNANCE ATTORNEY AND CONDITIONAL TUITION WAIVER PROGRAM CREATED-- ADMINISTRATION--RULEMAKING SELECTION PROCESS--REPAYMENT.-- SB 244 Page 2 A.
provided that the maximum living stipend shall be based upon the availability of funds and information provided by the university regarding the current cost of e e 17 attendance at the university;
provided that the maximum living stipend shall be based upon the availability of funds and information provided by the university regarding the current cost of attendance at the university;
e e n d 18 (2) publicize the program to law students and = = l ] 19 to prospective law students;
(2) publicize the program to law students and to prospective law students;
a l r i 20 (3) collect and manage repayment from students t e a t who do not meet their obligations under the program;
(3) collect and manage repayment from students who do not meet their obligations under the program;
and m m 21 e d r e 22 (4) solicit and accept funds for the program, c e r c 23 including grants and donations.
and (4) solicit and accept funds for the program, including grants and donations.
e a n b 24 B.
B.
Participants shall enter the program in their u [ final year of law school.
Participants shall enter the program in their final year of law school.
The department shall select .212264.1 - 3 - participants according to rules it promulgates and, in consultation with the commission, shall create a standard process for law students to apply to participate in the program.
The department shall select participants according to rules it promulgates and, in consultation with the commission, shall create a standard process for law students to apply to participate in the program.
The department shall award no more than two new waivers a year, in addition to renewing existing waivers for eligible participants, subject to the availability of funding.
The department shall award no more than two new waivers a year, in addition to renewing existing waivers for eligible participants, subject to the availability of SB 244 Page 3 funding.
The contract shall include the following terms e e 17 for repayment of the waiver:
The contract shall include the following terms for repayment of the waiver:
e e n d 18 (1) interest shall accrue upon termination of = = l ] 19 the participant's course of study at the following interest a l r i 20 rates:
(1) interest shall accrue upon termination of the participant's course of study at the following interest rates:
t e a t (a) eighteen percent per year if the m m 21 e d r e 22 participant completes a course of study and no portion of the c e r c 23 principal and interest is forgiven pursuant to Subsection F of e a n b 24 this section;
(a) eighteen percent per year if the participant completes a course of study and no portion of the principal and interest is forgiven pursuant to Subsection F of this section;
and u [ (b) seven percent per year in all other .212264.1 - 4 - cases;
and (b) seven percent per year in all other cases;
The contract shall provide that the department forgive fifty percent of a waiver for each year that a participant is employed full time as a community governance attorney with a salary of not more than fifty thousand dollars ($50,000) per year.
The contract shall provide that the department forgive fifty percent of a waiver for each year that a SB 244 Page 4 participant is employed full time as a community governance attorney with a salary of not more than fifty thousand dollars ($50,000) per year.
[NEW MATERIAL ] COMMISSION--DUTIES.-- A.
COMMISSION--DUTIES.-- A.
and e e 17 (3) three members appointed by the governor;
and (3) three members appointed by the governor;
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e e n d 18 provided that one member shall be a member of an acequia, one = = l ] 19 member shall be a current or past member of the land grant a l r i 20 council and one member shall be a current or past member of the t e a t colonias infrastructure board and a resident of a colonia.
provided that one member shall be a member of an acequia, one member shall be a current or past member of the land grant council and one member shall be a current or past member of the colonias infrastructure board and a resident of a colonia.
m m 21 e d r e 22 B.
B.
Staff and meeting space for the commission shall c e r c 23 be provided by the university.
Staff and meeting space for the commission shall be provided by the university.
The commission shall elect a e a n b 24 chair and such other officers as it deems appropriate and shall u [ meet at the call of the chair.
The commission shall elect a chair and such other officers as it deems appropriate and shall meet at the call of the chair.
Members of the commission shall .212264.1 - 5 - receive per diem and mileage pursuant to the Per Diem and Mileage Act and shall receive no other compensation.
Members of the commission shall receive per diem and mileage pursuant to the Per Diem and Mileage Act and shall receive no other compensation.
(1) make recommendations to the department on applicants for the program;
SB 244 Page 5 (1) make recommendations to the department on applicants for the program;
(4) enter into contracts for expenditure of the fund for the purpose of providing community governance attorney services for acequias, land grants-mercedes and low- income residents of colonias on issues regarding the governance of colonias.
(4) enter into contracts for expenditure of the fund for the purpose of providing community governance attorney services for acequias, land grants-mercedes and low-income residents of colonias on issues regarding the governance of colonias.
The contracts shall be entered into with the university or with nonprofit organizations whose mission is to e e 17 provide a range of free legal services to low-income New e e n d 18 Mexicans.
The contracts shall be entered into with the university or with nonprofit organizations whose mission is to provide a range of free legal services to low-income New Mexicans.
No contract shall provide funding in excess of one- = = l ] 19 half of a full-time community governance attorney position, and a l r i 20 each contract shall be executed only with service providers t e a t that have secured sufficient matching nonstate funding to m m 21 e d r e 22 provide a full-time position;
No contract shall provide funding in excess of one-half of a full-time community governance attorney position, and each contract shall be executed only with service providers that have secured sufficient matching nonstate funding to provide a full-time position;
and c e r c 23 (5) adopt such rules as are necessary to carry e a n b 24 out the provisions of this section.
and (5) adopt such rules as are necessary to carry out the provisions of this section.
u [ D.
D.
The department, pursuant to rules of the .212264.1 - 6 - commission, shall administer the contracts and programs provided for in this section.
The department, pursuant to rules of the commission, shall administer the contracts and programs provided for in this section.
SECTION 5.
SB 244 Page 6 SECTION 5.
[NEW MATERIAL ] FUND CREATED--DISBURSEMENT.-- A.
FUND CREATED--DISBURSEMENT.-- A.
provided that no more than five percent of the annual expenditures from the fund shall be e e 17 for administrative costs.
provided that no more than five percent of the annual expenditures from the fund shall be for administrative costs.
The department shall require an e e n d 18 annual accounting from each organization receiving funds = = l ] 19 pursuant to this section.
The department shall require an annual accounting from each organization receiving funds pursuant to this section.
a l r i 20 C.
C.
All waiver loan payments shall be by warrant t e a t drawn by the secretary upon vouchers signed by the designated m m 21 e d r e 22 representative of the department.
All waiver loan payments shall be by warrant drawn by the secretary upon vouchers signed by the designated representative of the department.
All disbursements from the c e r c 23 fund for community governance attorney services shall be by e a n b 24 warrant drawn by the secretary of finance and administration u [ pursuant to vouchers signed by the secretary of higher .212264.1 - 7 - education or the secretary's designee.
All disbursements from the fund for community governance attorney services shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's designee.
Money in the fund is subject to appropriation by the legislature to the department for the purposes of carrying out the provisions of the Community Governance Attorney Act.
Money in the fund is subject to appropriation by the legislature to the department SB 244 Page 7 for the purposes of carrying out the provisions of the Community Governance Attorney Act.
- 8 - 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .212264.1
SB 244 Page 8 25
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Local Government, Land Grants & Cultural Affairs Committee

  5. passed Senate

  6. DO PASS committee report adopted

  7. Sent to Senate Judiciary Committee

  8. Sent to Senate Pre-file

Sponsors

  • H. Garcia · Primary
  • Gerald Ortiz y Pino · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on · 1 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"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

Votes

house passage

Passed 66 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33001
Republican 11100
Democrat 22002
Total 66103
% of votes cast 94%1%0%4%
How each member voted (70)
Member Party Vote
Akhil — Yea
Allison — Yea
Madrid — Yea
Martmnez, Javier — Yea
Bash — Yea
Black — Yea
Pratt — Yea
Rehm — Yea
Salazar, Tomás — Yea
Sanchez — Yea
Stansbury — Yea
Garcma, M.P. — Yea
Gonzales — Yea
Hochman — Not Voting
Alcon — Yea
Anderson — Yea
Baldonado — Yea
Bandy — Yea
Chasey — Yea
Cook — Yea
Crowder — Yea
Egolf — Yea
Ely — Yea
Fajardo — Yea
Harper — Yea
Lewis — Yea
Louis — Yea
Nibert — Yea
Powdrell-Culbert — Yea
Ruiloba — Yea
Schmedes — Yea
Stapleton — Yea
Strickler — Yea
Sweetser — Yea
Andrea Romero Democrat Yea
Angelica Rubio Democrat Yea
Antonio Maestas Democrat Yea
Christine Chandler Democrat Yea
D. Wonda Johnson Democrat Not Voting
Debra M. Sariñana Democrat Yea
Derrick J. Lente Democrat Yea
Doreen Y. Gallegos Democrat Yea
Elizabeth "Liz" Thomson Democrat Yea
G. Andrés Romero Democrat Yea
Joanne J. Ferrary Democrat Yea
Joy Garratt Democrat Yea
Linda M. Trujillo Democrat Yea
Linda M. Trujillo Democrat Yea
Linda M. Trujillo Democrat Yea
Martha Garcia Democrat Yea
Matthew McQueen Democrat Yea
Micaela Lara Cadena Democrat Yea
Natalie Figueroa Democrat Yea
Nathan P. Small Democrat Yea
Patricia A. Lundstrom Democrat Not Voting
Patricia Roybal Caballero Democrat Yea
Raymundo Lara Democrat Yea
Susan K. Herrera Democrat Yea
Alan T. Martinez Republican Yea
Candy Spence Ezzell Republican Yea
Cathrynn N. Brown Republican Yea
David M. Gallegos Republican Yea
Gail Armstrong Republican Yea
Gail Armstrong Republican Yea
Jack Chatfield Republican Yea
James G. Townsend Republican Yea
Larry R. Scott Republican Yea
Martin R. Zamora Republican Yea
Rebecca Dow Republican Yea
Rod Montoya Republican Nay

Official roll call →

senate passage

Passed 39 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 21003
Democrat 12000
Total 39003
% of votes cast 93%0%0%7%
How each member voted (42)
Member Party Vote
PAPEN — Yea
PAYNE — Yea
BURT — Yea
PIRTLE — Yea
CANDELARIA — Yea
RODRIGUEZ — Yea
CISNEROS — Yea
RUE — Yea
FULFER — Yea
SANCHEZ — Yea
GOULD — Yea
SAPIEN — Yea
GRIGGS — Yea
SEDILLO-LOPEZ — Yea
IVEY-SOTO — Yea
KERNAN — Yea
MOORES — Yea
NEVILLE — Yea
TALLMAN — Yea
WHITE — Yea
INGLE — Not Voting
SMITH — Not Voting
O'NEILL — Not Voting
ORTIZ y PINO — Yea
Antoinette Sedillo Lopez Democrat Yea
Benny Shendo, Jr. Democrat Yea
Elizabeth "Liz" Stefanics Democrat Yea
George K. Muñoz Democrat Yea
Jeff Steinborn Democrat Yea
Joseph Cervantes Democrat Yea
Michael Padilla Democrat Yea
Mimi Stewart Democrat Yea
Pete Campos Democrat Yea
Peter Wirth Democrat Yea
Shannon D. Pinto Democrat Yea
William P. Soules Democrat Yea
Alan T. Martinez Republican Yea
Brian G. Baca Republican Yea
Craig W. Brandt Republican Yea
Gabriel Ramos Republican Yea
Pat Woods Republican Yea
William E. Sharer Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 244?
SB 244 is sponsored by Garcia, H. and Ortiz y Pino, Gerald.
What is the current status of SB 244?
This bill has been enacted into law. Introduced January 11, 2019. Enacted.
Where can I track SB 244?
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