Senate committee advances wage, consumer‑protection, insurance and privacy bills; several measures pass or move forward

The New Mexico Senate Tax, Business and Transportation Committee met in Santa Fe on Oct. 12 and moved a package of measures that touch wages on public works, rooftop solar consumer protections, homeowners insurance for fire‑affected areas, data privacy at the Motor Vehicle Division and related consumer issues.

The most active debates centered on: widening prevailing‑wage requirements to include off‑site fabricators of public works components (Senate Bill 59); a consumer protection bill for rooftop solar sales that was amended to lengthen the “operational” grace period for financed installations to 180 days (Senate Bill 65); and a plan to expand and change governance of the state'run Fair Plan to provide higher limits for homeowners and commercial policies in areas where private insurance is unavailable (Senate Bill 81). The committee also advanced bills on remote meetings for condominium and nonprofit associations, the so‑called “Idaho stop” for bicyclists, state requirements to limit disclosure and resale of Motor Vehicle Division records for immigration enforcement purposes, and a right‑to‑repair bill for consumer electronics.

Votes at a glance - Senate Bill 59 (Padilla): Committee substitute passed (committee vote 6–4). The substitute would add an "off‑site fabricator" definition to the Public Works Minimum Wage Act and require prevailing wages and fringe benefits on public contracts over $60,000 for work fabricating components off‑site for public projects. Committee recorded motion: do not pass SB59; do pass committee substitute. Outcome: substitute advanced out of committee.

- Senate Bill 65 (Duhigg): Passed committee as amended (7–3) and will proceed to Judiciary. The committee adopted a sponsor amendment extending the operational grace period for financed rooftop solar systems from the original 90 days to 120 days, then to 180 days; final amendment adopted set 180 days. The bill imposes several consumer protections including requirements on electronic contracting, third‑party financing protections (payments pause if a system is not operational within the grace period), and restrictions on misrepresentations about tax credits or utility affiliation.

- Senate Bill 81 (Wirth, et al.): Passed committee as amended (7–3); the bill moves to Finance. It would expand the Fair Plan'administered limits (residential up to $1 million; commercial up to $5 million), change board composition to include experts (actuarial, reinsurance, climate) and provide a $50 million state backstop appropriation to support the transition and initial capital needs. The bill includes provisions to set actuarially sound rates and to allow three years of assessments spreading industry recovery costs after a catastrophic loss.

- Senate Bill 36 (Cedillo Lopez): Committee gave a "do pass"/due pass recommendation (recorded 8–2). The measure creates uniform agency rules for protecting sensitive personal information held by state agencies and inserts a provision in the Motor Vehicle Code to prohibit disclosure of MVD data to third parties for the purpose of civil immigration enforcement; it requires data purchasers to certify limits on resale for immigration enforcement.

- Senate Bill 69 (Pope): Committee gave a due pass recommendation (6–3). SB69 would require manufacturers of consumer electronic devices to make repair documentation, parts and tools available to independent repair providers and consumers on fair terms, with several enumerated exclusions (medical devices, motor vehicles, solar equipment, certain safety‑critical systems). Enforcement would be by the attorney general and fines under the bill are specified.

- Senate Bill 73 (Statewide, S. Lopez): The committee unanimously approved a bill to allow bicyclists to treat stop signs as yields and stoplights as stop‑then‑proceed when safe (the "Idaho stop"); the measure received a unanimous do‑pass recommendation.

- Senate Bill 72 (Wirth): Committee unanimously recommended do pass. The bill modernizes nonprofit and condominium association statutes to allow remote participation and voting where permitted under the association's rules and law.

Key details and discussion - SB59 (off‑site fabricators): Sponsor Sen. Michael Padilla said the bill closes a prevailing‑wage loophole for fabricators who produce ductwork, piping and other systems off site for use on public works projects funded with public dollars. Industry witnesses and union representatives supported parity for off‑site shops; BuiltWise, a modular home maker, asked to remain neutral pending clarification about which jurisdiction's wage decision applies when fabrication occurs out of state. Padilla clarified the prevailing wage would apply where the work is performed. The committee substitute was adopted and advanced on a 6–4 vote.

- SB65 (solar consumer protections): Sponsor Sen. Katie Duhigg framed the measure as a response to "bad‑actor" door‑to‑door solar sales that misrepresent permits, tax credits or deliver nonworking systems. The bill would require proof of permits and certain disclosures, bar creation of email accounts to simulate customer consent, limit use of power of attorney to sign sales documents, and pause payments to finance companies when an installed system is not operational within a statutory grace period. Supporters included consumer advocates and rural co‑ops; the industry (trade groups and installers) supported parts of the bill but asked for changes, especially on the timeline (inspectors, transformer supply and utility interconnection can cause delays). The sponsor accepted an amendment moving the 90‑day operational threshold to 120 days and the committee later adopted a sponsor‑filed amendment to set a 180‑day operational window before finance‑payment protections kick in; the final motion to pass as amended carried 7–3.

- SB81 (Fair Plan reform): Sponsors said the bill is aimed at areas where homeowners cannot buy private insurance after recent wildfires. The measure raises the Fair Plan'coverage limits to $1 million (residential) and $5 million (commercial); changes board governance to add appointed experts in actuarial science, reinsurance, climate, and catastrophic risk management; requires actuarially sound rates; and authorizes a $50 million appropriation to serve as a short‑term backstop. Insurer trade groups and representatives of the current Fair Plan board warned the committee that expanding exposure without a full actuarial capital analysis risks insolvency; they cited California's Fair Plan challenges as a cautionary example. Supporters—lawmakers and several county representatives from fire‑affected areas—said the change is a bridge for homeowners who currently have no option to get insured. The committee passed the measure 7–3; it will be considered in Finance.

- SB36 (data privacy / MVD): The measure responds to disclosures that Motor Vehicle Division records were accessible to third parties and commercial data brokers, who then resell personal data. Sponsors and immigrant‑rights witnesses said data sales have chilled participation by immigrant residents seeking licenses and public services. The bill restricts disclosure of MVD records for the purpose of civil immigration enforcement and requires purchasers of MVD data to certify they will not resell it for that purpose. The committee voted 8–2 in favor of a due pass recommendation.

- SB69 (right to repair): Supporters told the committee the bill would reduce waste, help consumers and revive local repair businesses by ensuring access to documentation, parts and tools. Opponents—some consumer‑safety and tech policy groups and representatives of consumer electronics manufacturers—warned that forcing open devices and restricting functions like "parts pairing" could increase safety or security risks (for example, counterfeit batteries or bypassed biometric protections), and said manufacturers are already expanding repair options voluntarily. The committee recorded a due pass (6–3).

Other committee business - SB72 (nonprofit/condo remote meetings) received unanimous support to update statutes to allow remote participation. - SB76 (adjusting the sales‑tax holiday timing and thresholds for back‑to‑school purchases) was discussed and held for potential inclusion in a tax package; no committee vote was taken on the floor at this meeting.

What happens next Bills that passed committee or received a "do pass/due pass" move to the next assigned committee (Judiciary or Finance) or to the full Senate calendar depending on the chamber schedule. Several bills carry additional amendments and stakeholder work language before those next hearings. Sponsors repeatedly said they expect follow‑up negotiations on language (especially for SB65 and SB81) in subsequent committee stops.

Ending Committee members and witnesses emphasized that many of these measures respond to urgent local problems: wildfire‑driven insurance losses in Lincoln County and northern rural communities, consumer fraud in rooftop solar sales, and public concerns about how state agencies handle personal data. Lawmakers flagged ongoing negotiations and oversight: insurers and the Fair Plan board will submit actuarial work; the Motor Vehicle Division and third‑party vendors have been asked to clarify contracts; and the senator sponsoring the solar bill agreed to continue work with industry and consumer groups to refine timelines and enforcement language.

Votes and motions in this article reflect roll calls and motion language recorded on the official committee transcript.