SB0264

SENATE BILL 264

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

George K. Muñoz

AN ACT

RELATING TO ADMINISTRATIVE FEES; AMENDING CERTAIN GAME AND FISH LICENSING FEES AND ALLOWING THE STATE GAME COMMISSION TO INCREASE THE FEES BASED ON INFLATION; PROVIDING A DISCOUNT ON THE FEES FOR RESIDENTS WHO RECEIVE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS; INCREASING FEES TO FUND THE WORKERS' COMPENSATION ADMINISTRATION; CHANGING THE BASIS OF CERTAIN FEES COLLECTED BY THE DEPARTMENT OF ENVIRONMENT FROM A DOLLAR AMOUNT TO REASONABLE ADMINISTRATIVE COSTS; CHANGING THE BASIS OF A FEE COLLECTED BY THE ENVIRONMENTAL IMPROVEMENT BOARD TO THE ADMINISTRATIVE COST OF THE PROGRAM; EXTENDING THE SUNSET DATE OF THE SPAY AND NEUTER PROGRAM FEE; REPEALING CERTAIN LAWS; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 17-3-13 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 5, as amended) is amended to read:

"17-3-13. LICENSE FEES.--

A. The director of the department of game and fish shall keep a record of all money received and licenses and permits issued by the department, numbering each class separately. Upon satisfactory proof that a license or permit has been lost before its expiration, the director may issue a duplicate and collect a just and reasonable fee for it as determined by regulation of the state game commission.

B. The director of the department of game and fish shall collect the following fees for each license of the class indicated:

Resident, fishing. . . . . . . . . . . . . [$25.00] $35.00

Resident, game hunting. . . . . . . . . . . .[15.00] 25.00

Resident, deer. . . . . . . . . . . . . . . .[31.00] 50.00

Resident, junior-senior, deer. . . . . . . . [19.00] 25.00

Resident, senior, handicapped,

game hunting and fishing. . . . . . . . . . . . . . .20.00

Resident, fishing and game hunting

combination. . . . . . . . . . . . . . . . . [30.00] 42.00

Resident, junior, fishing and game

hunting combination. . . . . . . . . . . . . . . . . 15.00

Resident, disabled veteran, fishing and game hunting combination. . . . . . . . . . . . . . . . . . . . . . . 10.00

Resident, antelope. . . . . . . . . . . . . [50.00] 60.00

Resident, elk cow. . . . . . . . . . . . . .[50.00] 60.00

Resident, elk bull or either sex. . . . . . .[80.00] 90.00

Resident, junior-senior, elk. . . . . . . . .[48.00] 60.00

Resident, bighorn sheep, ram. . . . . . . . . . . . 150.00

Resident, bighorn sheep, ewe. . . . . . . . . . . . .75.00

Resident, Barbary sheep. . . . . . . . . .[100.00] 120.00

Resident, bear. . . . . . . . . . . . . . . .[44.00] 55.00

Resident, turkey. . . . . . . . . . . . . . .[25.00] 35.00

Resident, cougar. . . . . . . . . . . . . . .[40.00] 55.00

Resident, oryx. . . . . . . . . . . . . . .[150.00] 175.00

Resident, ibex. . . . . . . . . . . . . . .[100.00] 110.00

Resident, javelina. . . . . . . . . . . . . . . . . 55.00

Resident, fur dealer. . . . . . . . . . . . . . . . .15.00

Resident, trapper. . . . . . . . . . . . . .[20.00] 40.00

Resident, junior trapper. . . . . . . . . . . . . . . 9.00

Nonresident, fishing. . . . . . . . . . . . .[56.00] 90.00

Nonresident, junior fishing. . . . . . . . . [15.00] 20.00

Nonresident, junior, game hunting . . . . . .[15.00] 20.00

Nonresident, game hunting. . . . . . . . . .[65.00] 85.00

Nonresident, deer. . . . . . . . . . . . . [260.00] 375.00

Nonresident, quality deer. . . . . . . . . [345.00] 600.00

Nonresident, bear. . . . . . . . . . . . . [250.00] 350.00

Nonresident, cougar. . . . . . . . . . . . [280.00] 350.00

Nonresident, turkey. . . . . . . . . . . . [100.00] 125.00

Nonresident, antelope. . . . . . . . . . . [260.00] 400.00

Nonresident, elk cow. . . . . . . . . . . .[315.00] 550.00

Nonresident, elk bull or either sex. . . . [525.00] 750.00

Nonresident, quality elk. . . . . . . . . .[750.00] 975.00

Nonresident, bighorn sheep. . . . . . . . . . . . 3,150.00

Nonresident, Barbary sheep. . . . . . . . . . . . . 350.00

Nonresident, oryx. . . . . . . . . . . . . . . . .1,600.00

Nonresident, ibex. . . . . . . . . . . . . . . . .1,600.00

Nonresident, javelina. . . . . . . . . . . . . . . .155.00

Nonresident, fur dealer. . . . . . . . . . . . . . .125.00

Nonresident, trapper. . . . . . . . . . . .[345.00] 500.00

Nonresident, nongame. . . . . . . . . . . . . . . . .65.00

Resident, senior, handicapped,

fishing. . . . . . . . . . . . . . . . . . . . . . . 8.00

Resident, junior fishing. . . . . . . . . . . . . . .5.00

Temporary fishing, one day. . . . . . . . . . . . . 12.00

Temporary fishing, five days. . . . . . . . .[24.00] 30.00

Resident, senior, handicapped,

game hunting. . . . . . . . . . . . . . . . . . . . .15.00

Resident, junior, game hunting. . . . . . . . . . . .10.00

Temporary game hunting, four days. . . . . . [33.00] 40.00

Second rod validation. . . . . . . . . . . . [4.00] 10.00.

C. On April 1, 2027 and each April 1 until April 1, 2036, the state game commission may adjust the fees provided by Subsection B of this section by multiplying the fee as of April 1, 2026 by a fraction, the numerator of which is the consumer price index ending in September of the previous year and the denominator of which is the consumer price index ending in September 2026; provided that the fees shall not be adjusted below the amounts provided in Subsection B of this section. The result of the multiplication shall be rounded to the nearest one dollar ($1.00), except that if the result would be less than the amounts set out in Subsection B of this section, then no adjustment shall be made.

D. Residents who participate in the supplemental nutrition assistance program are eligible to receive a twenty-five percent discount on all license fees after qualifying with the department of game and fish."

SECTION 2. Section 25-1-5 NMSA 1978 (being Laws 1977, Chapter 309, Section 5, as amended) is amended to read:

"25-1-5. OPTIONAL POWERS.--

A. The board may establish a system of grading food service establishments for the purpose of certifying compliance with the Food Service Sanitation Act and regulations requiring food service establishments to display in a designated manner a grade as notice of compliance to the public. Such regulations shall include provisions for the revocation and reinstatement of the permit that are consistent with due process of law.

B. The board shall establish a schedule of fees for the issuance and renewal of permits issued by the division under the Food Service Sanitation Act. The board shall set the schedule of fees [so that no fee established by such schedule shall be less than one hundred dollars ($100) or more than two hundred dollars ($200) annually for a food service establishment with not more than a twenty-five-dollar ($25.00) incremental increase per fiscal year. The board shall establish a separate schedule of fees not to exceed twenty-five dollars ($25.00) per single event or celebration per temporary food service establishment. Fees shall be waived for all temporary non-potentially hazardous food service operations, for any temporary food service establishment operating no more than two calendar days in any calendar month and for any food service establishment that provides food to the general public at no charge] necessary to carry out the provisions of the Food Service Sanitation Act and for other operational expenses of the department of environment. Fees collected for the issuance and renewal of permits pursuant to the Food Service Sanitation Act shall be deposited in the environmental health fund."

SECTION 3. Section 52-5-19 NMSA 1978 (being Laws 1987, Chapter 235, Section 52, as amended) is amended to read:

"52-5-19. FEE FOR FUNDING ADMINISTRATION--WORKERS' COMPENSATION ADMINISTRATION FUND CREATED.--

A. Beginning with the calendar quarter ending September 30, 2004 and for each calendar quarter thereafter, there is assessed against each employer who is required or elects to be covered by the Workers' Compensation Act a fee equal to [two dollars thirty cents ($2.30)] the following amounts, multiplied by the number of employees covered by the Workers' Compensation Act that the employer has on the last working day of each quarter:

(1) prior to July 1, 2025, two dollars thirty cents ($2.30);

(2) beginning July 1, 2025 and prior to July 1, 2028, two dollars fifty-five cents ($2.55);

(3) beginning July 1, 2028 and prior to July 1, 2033, two dollars sixty-eight cents ($2.68); and

(4) beginning July 1, 2033, two dollars eighty cents ($2.80).

B. At the same time the fee pursuant to Subsection A of this section is assessed, there is assessed against each employee covered by the Workers' Compensation Act on the last working day of each quarter a fee [of two dollars ($2.00)] in the following amounts, which shall be deducted from the wages of the employee by the employer and remitted along with the fee assessed on the employer:

(1) prior to July 1, 2025, two dollars ($2.00);

(2) beginning July 1, 2025 and prior to July 1, 2028, two dollars twenty-five cents ($2.25);

(3) beginning July 1, 2028 and prior to July 1, 2033, two dollars thirty-eight cents ($2.38); and

(4) beginning July 1, 2033, two dollars fifty cents ($2.50).

C. The fees shall be remitted by the last day of the month following the end of the quarter for which they are due.

[B.] D. The taxation and revenue department may deduct from the gross fees collected an amount not to exceed five percent of the gross fees collected to reimburse the department for costs of administration.

[C.] E. The taxation and revenue department shall pay over the net fees collected to the state treasurer to be deposited by [him] the treasurer in a fund hereby created and to be known as the "workers' compensation administration fund". Expenditures shall be made from this fund on vouchers signed by the director for the necessary expenses of the workers' compensation administration; provided that an amount equal to thirty cents ($.30) per employee of the fee assessed against an employer shall be distributed from the workers' compensation administration fund to the uninsured employers' fund.

[D.] F. The workers' compensation fee authorized in this section shall be administered and enforced by the taxation and revenue department under the provisions of the Tax Administration Act."

SECTION 4. Section 61-14E-9 NMSA 1978 (being Laws 1983, Chapter 317, Section 9, as amended) is amended to read:

"61-14E-9. FEES FOR LICENSURE.--After the promulgation of rules, [and regulations] except as provided in Section 61-1-34 NMSA 1978, the department shall charge and collect [the following] fees to cover the reasonable costs to operate and administer the program.

[A. an application fee not to exceed ten dollars ($10.00);

B. an examination fee not to exceed one hundred fifty dollars ($150) to cover the costs the department incurs in administering the initial examination required for limited certification;

C. a biennial licensure fee not to exceed one hundred dollars ($100);

D. a temporary licensure fee not to exceed fifty dollars ($50.00) to cover a period no longer than twelve months when new graduates of an approved program are in the process of taking required licensure examinations; and

E. miscellaneous fees, such as for requests for duplicate or replacement licenses, legal name change and written verification, not to exceed twenty-five dollars ($25.00).]"

SECTION 5. Section 61-33-5 NMSA 1978 (being Laws 1973, Chapter 394, Section 5, as amended) is amended to read:

"61-33-5. APPLICATION REQUIREMENTS--FEES--FUND CREATED--ENDORSEMENT.--

A. An applicant for certification as a certified operator shall:

(1) make application on forms furnished by the department;

(2) submit evidence satisfactory to the department that the applicant has reached the age of majority; and

(3) except as provided in Section 61-1-34 NMSA 1978, pay in advance to the department fees set by rule [not to exceed:

(a) for examination for certification in each classification $100;

(b) for renewal of a certificate after a period set by rule $40.00; and

to cover the reasonable costs of issuing the certificates.

B. Fees collected pursuant to Subsection A of this section shall be deposited with the state treasurer in the "public water supply system operator and public wastewater facility operator fund", hereby created. The fund shall be used solely for the purpose of administering and enforcing the Utility Operators Certification Act. The fund shall be administered by the department. Money in the fund shall be retained by the department for use, subject to appropriation by the legislature. Balances in the fund at the end of any fiscal year shall not revert to the general fund, but shall accrue to the credit of the fund. Earnings on the fund shall be credited to the fund.

C. The department may, in its discretion, endorse for certification without examination an operator who submits evidence satisfactory to the department that the applicant has reached the age of majority and holds a valid license or certification in any state, territory or foreign jurisdiction having standards equal to or exceeding those of New Mexico.

D. Fees shall not be increased more than once per calendar year. [The first increase of the fees shall not result in any fee greater than thirty dollars ($30.00). Any subsequent increase of the fees shall not be more than five percent of the existing fee.]"

SECTION 6. Section 74-1-16 NMSA 1978 (being Laws 2003, Chapter 335, Section 1, as amended) is amended to read:

"74-1-16. WATER RECREATION FACILITIES--FEE IMPOSITION.--

The board may assess an annual fee [not to exceed one hundred fifty dollars ($150)] on the owner or operator of a public swimming pool, public spa or other public water recreation facility to [defray] cover the cost of administering and enforcing rules adopted in accordance with the Environmental Improvement Act pertaining to public water recreation facilities. [The fee shall be based on the size of the public water recreation facility.] Fees collected pursuant to this section shall be deposited in the environmental health fund."

SECTION 7. Section 74-6B-9 NMSA 1978 (being Laws 1990, Chapter 124, Section 9, as amended) is amended to read:

"74-6B-9. STORAGE TANK FEE--DEPOSIT IN STORAGE TANK FUND.--

A. On July 1 of each year, there is due from and shall be paid by either the owner or the operator a fee [of one hundred dollars ($100)] for each storage tank owned or operated.

B. By rule, the board shall provide a schedule of fees sufficient to defray the reasonable and necessary costs of:

(1) reviewing and acting upon applications for the registration of storage tanks;

(2) reviewing and acting upon applications for the certification of tank installers and certification of tank testers; and

(3) implementing and enforcing provisions of the Hazardous Waste Act applicable to storage tanks, tank installers and tank testers, including standards for the installation, operation and maintenance of storage tanks and the certification of tank installers and tank testers.

C. The fees shall be paid to the department and deposited in the storage tank fund created in Section 74-4-4.8 NMSA 1978."

SECTION 8. Section 74-9-8 NMSA 1978 (being Laws 1990, Chapter 99, Section 8, as amended by Laws 1991, Chapter 185, Section 2 and also by Laws 1991, Chapter 194, Section 3) is amended to read:

"74-9-8. BOARD ADOPTION OF INITIAL [REGULATIONS] RULES.--[No later than December 31, 1991] The board shall adopt [regulations] rules under the authority of this section to:

A. implement, administer and enforce a program for the cost-effective and environmentally safe siting, construction, operation, maintenance, closure and post-closure care of solid waste facilities, including financial responsibility requirements for solid waste facility owners and operators and also including requirements that assure that the relative interests of the applicant, other owners of property likely to be affected and the general public will be considered prior to the issuance of a permit for a solid waste facility;

B. define the solid wastes that are considered special wastes;

C. establish specific requirements for the detoxification and disposal of special wastes;

D. establish classifications of solid waste facilities and define what types of solid waste may be processed or disposed of in each classification;

E. establish performance standards for the construction and operation of solid waste facilities that will assure protection of ground water quality from degradation by contaminants from solid waste facilities consistent with the provisions of the Water Quality Act and the [regulations] rules and standards established under that act by the water quality control commission, provided such [regulations] rules shall not allow permitting of any active solid waste facility larger than five hundred acres;

F. establish performance standards for transformation facilities that will assure protection of the state's environment;

G. establish requirements and procedures for the granting or denial of an application to modify a solid waste facility permit under Section 74-9-25 NMSA 1978;

H. establish requirements and procedures for commercial haulers to minimize littering and otherwise prevent degradation of the environment;

I. establish an applicant fee schedule for processing permit applications that is based on costs of application review incurred by the division, [and also] costs incurred for investigations of applicants by state departments and agencies other than the division, which [regulation] rule shall provide for the reimbursement of these costs to the division or other department or agency from the fees charged [and shall also limit the fee to be not greater than ten thousand dollars ($10,000)];

J. establish requirements and procedures for a person to obtain a variance from the application of a substantive [regulation] rule to the person if the person files a written application for a variance with the director and demonstrates to the director's satisfaction that:

(1) application of the [regulation] rule would result in an arbitrary and unreasonable taking of the applicant's property or would impose an undue economic burden upon any lawful business, occupation or activity; and

(2) granting the variance will not result in any condition injurious to human health, safety or welfare or the environment;

K. assure that no variance will be granted under the provisions of Subsection J of this section until the director has considered the relative interests of the applicant, other owners of property likely to be affected and the general public and that any variance or renewal of a variance shall be granted for time periods and under conditions consistent with reasons for the [various] variance but within the following limitations:

(1) if the variance is granted on the grounds that there are no practicable means known or available for the adequate prevention of degradation of the environment or the risk to the public health, safety or welfare, it shall continue only until the necessary means for the prevention of the degradation or risk become known and available; or

(2) if the variance is granted on the grounds that it is justified to relieve or prevent hardship of a kind other than that provided for in Paragraph (1) of this subsection, it shall not be granted for more than one year;

L. establish a list of solid wastes that shall not be transferred, disposed of or transformed in a solid waste facility and prohibit the disposal or transformation of those solid wastes in solid waste facilities;

M. establish recordkeeping procedures for solid waste transfer, landfill disposal and transformation facilities that shall include requirements for recording the type, amount and origin of solid waste transferred, disposed of or transformed at the facility and that require operators of landfill disposal, solid waste transfer and transformation facilities within the state to:

(1) maintain records in a form required by the division and file them with the division indicating the type, amount, origin and location in a landfill disposal facility of solid waste accepted by the facility;

(2) maintain copies of the records required under Paragraph (1) of this subsection after closure in a manner and for the length of time prescribed by the division; and

(3) make all required records available for inspection by the division and the general public during normal business hours; and

N. require the division to establish a solid waste facility operator certification program."

SECTION 9. Section 74-13-8 NMSA 1978 (being Laws 2005, Chapter 171, Section 8) is amended to read:

"74-13-8. RULES--AUTHORITY AND CONTENT.--The board shall adopt rules to implement the provisions of the Recycling and Illegal Dumping Act. The rules shall be adopted pursuant to the provisions of the Environmental Improvement Act and shall include:

A. requirements and procedures for the issuance of permits and registrations to tire recycling facilities, civil engineering applications, scrap tire generators and scrap tire haulers;

B. standards and requirements for tire recycling and scrap tire storage and processing;

C. record-keeping requirements for tire recycling facilities, scrap tire haulers and scrap tire generators;

D. financial assurance criteria for tire recycling facilities;

E. fire rules for storage of scrap tires and tire-derived products that are consistent with the rules or recommendations adopted by the state fire marshal;

F. criteria and procedures for making disbursements pursuant to grant and loan programs authorized from the recycling and illegal dumping fund;

G. requirements and procedures for contracting with counties, municipalities, Indian nations, pueblos and tribes, land grant communities and cooperative associations for the abatement of illegal dumpsites and recycling;

H. requirements and procedures for a scrap tire manifest system; and

I. a fee schedule applicable to:

(1) scrap tire haulers and tire recycling facilities not exceeding the estimated cost of investigating and issuing permits and registrations and conducting regulatory oversight of permitted and registered activities; [and

J. a fee schedule applicable to] (2) scrap tire generators not exceeding the estimated cost of conducting regulatory oversight of scrap tire generators; and

(3) scrap tire haulers, tire recycling facilities and scrap tire generators."

SECTION 10. Section 76-19A-10.1 NMSA 1978 (being Laws 2020, Chapter 69, Section 5) is amended to read:

"76-19A-10.1. SPAY AND NEUTER PROGRAM FEE.--

A. Prior to July 1, 2031 and except as provided in Subsection B of this section, in addition to the commercial feed registration fee required pursuant to Section 76-19A-10 NMSA 1978, the department shall collect an annual fee on each pet food registered with the department as follows:

(1) beginning January 1, 2021, fifty dollars ($50.00);

(2) beginning January 1, 2022, seventy-five dollars ($75.00); and

(3) on and after January 1, 2023, one hundred dollars ($100).

B. The provisions of Subsection A of this section do not apply in cases of:

(1) [prescription diet] pet food prescribed by a veterinarian; or

(2) pet food manufactured by a person who demonstrates to the board, in a manner prescribed by the board, that the person's tax-year annual gross revenue from the distribution of pet food is no more than three million dollars ($3,000,000).

C. The fee collected pursuant to Subsection A of this section shall be distributed as follows:

(1) ninety-six percent of the fee shall be deposited with the state treasurer and credited to the statewide spay and neuter subaccount of the animal care and facility fund; and

(2) four percent of the fee shall be distributed to the department to administer the New Mexico Commercial Feed Act."

SECTION 11. Section 76-24-8 NMSA 1978 (being Laws 2019, Chapter 116, Section 6, as amended) is amended to read:

"76-24-8. HEMP MANUFACTURERS--PERMITS--RULES--REQUIREMENTS.--

A. The department of environment shall issue permits pursuant to rules issued under Subsection C of this section to extract, process or engage in other manufacturing activities regarding hemp, including manufacturing intermediate hemp-derived products and hemp finished products.

B. A person shall not extract, process or engage in other manufacturing activities regarding hemp, including manufacturing intermediate hemp-derived products and hemp finished products without a permit issued by the department of environment or a license issued pursuant to Subsection C of Section 76-24-10 NMSA 1978.

C. The department of environment shall adopt rules that include:

(1) procedures for the issuance, denial, renewal, suspension and revocation of a permit issued by the department of environment to manufacture hemp products, including permit terms and procedures for appeal of a denial, suspension or revocation that include notice and opportunity for a hearing;

(2) qualifications for permitting that include health, sanitation, safety and security;

(3) proficiency standards and requirements for storage, recordkeeping and inspections;

(4) requiring, and providing a process for, the use or disposal of hemp-derived material containing THC levels of more than three-tenths percent; and

(5) fees [not to exceed the lesser of one thousand dollars ($1,000) or the cost] to cover the reasonable costs necessary to carry out the of administration of a permit issued pursuant to this section.

D. A hemp manufacturer that produces intermediate hemp-derived products or hemp finished products intended for human consumption by eating or drinking are subject to the provisions of the Food Service Sanitation Act and the New Mexico Food Act.

E. Hemp finished products produced by a hemp manufacturer holding a permit issued pursuant to this section shall not be deemed adulterated as that term is used in the Food Service Sanitation Act and the New Mexico Food Act.

F. Fees collected pursuant to this section shall be deposited in the environmental health fund.

G. A permit issued pursuant to this section does not relieve the holder of the permit of the responsibility to obtain other licenses or permits as required by law."

SECTION 12. REPEAL.--

A. Laws 1991, Chapter 185, Section 2 is repealed.

B. Laws 2020, Chapter 69, Section 6 is repealed.

C. Section 74-3-10.1 NMSA 1978 (being Laws 2000, Chapter 86, Section 5) is repealed.

SECTION 13. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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