NM
New Mexico House Bill HB24

New Mexico 2025 Regular Session

New Mexico House Bill HB24 Compare Versions

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1-HJC/HRDLC/HB 24
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28+HOUSE BILL 24
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Miguel P. García
48+FOR THE LAND GRANT COMMITTEE
2849 AN ACT
29-RELATING TO LEGAL SERVICES; AMENDING SECTIONS OF THE
30-COMMUNITY GOVERNANCE ATTORNEY ACT; TRANSFERRING THE DUTIES TO
31-PUBLICIZE AND ADMINISTER CONTRACTS FOR THE COMMUNITY
32-GOVERNANCE ATTORNEY AND CONDITIONAL TUITION WAIVER PROGRAM
33-FROM THE HIGHER EDUCATION DEPARTMENT TO THE UNIVERSITY OF NEW
34-MEXICO SCHOOL OF LAW; ALLOWING COUNTIES AND MUNICIPALITIES
35-WITH AT LEAST ONE DESIGNATED COLONIA WITHIN THEIR BOUNDARIES
36-AND STATE AGENCIES TO HIRE COMMUNITY GOVERNANCE ATTORNEYS.
50+RELATING TO LEGAL SERVICES; AMENDING SECTIONS OF THE COMMUNITY
51+GOVERNANCE ATTORNEY ACT; TRANSFERRING THE DUTIES TO PUBLICIZE
52+AND ADMINISTER CONTRACTS FOR THE COMMUNITY GOVERNANCE ATTORNEY
53+AND CONDITIONAL TUITION WAIVER PROGRAM FROM THE HIGHER
54+EDUCATION DEPARTMENT TO THE UNIVERSITY OF NEW MEXICO SCHOOL OF
55+LAW; ALLOWING STATE AGENCIES TO HIRE COMMUNITY GOVERNANCE
56+ATTORNEYS; ELIMINATING THE REQUIREMENT FOR EMPLOYING AGENCIES
57+TO PROVIDE FIFTY PERCENT OF ATTORNEY SALARIES IN NONSTATE
58+FUNDS.
3759 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3860 SECTION 1. Section 21-21Q-3 NMSA 1978 (being Laws 2019,
3961 Chapter 43, Section 3, as amended) is amended to read:
40-"21-21Q-3. COMMUNITY GOVERNANCE ATTORNEY AND
41-CONDITIONAL TUITION WAIVER PROGRAM CREATED--ADMINISTRATION--
42-RULEMAKING SELECTION PROCESS--REPAYMENT.--
43-A. The "community governance attorney and
44-conditional tuition waiver program" is created and shall be
45-administered by the department. The department shall:
46-(1) promulgate rules to implement and
47-administer the program and for a reasonable living stipend in
48-consultation with the university; provided that the maximum
49-living stipend shall be based upon the availability of funds
50-and information provided by the university regarding the
51-current cost of attendance at the university; HJC/HRDLC/HB 24
52-Page 2
62+"21-21Q-3. COMMUNITY GOVERNANCE ATTORNEY AND CONDITIONAL
63+TUITION WAIVER PROGRAM CREATED--ADMINISTRATION--RULEMAKING
64+.228935.2 underscored material = new
65+[bracketed material] = delete
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78-(2) collect and manage repayment from
91+SELECTION PROCESS--REPAYMENT.--
92+A. The "community governance attorney and
93+conditional tuition waiver program" is created and shall be
94+administered by the department. The department shall:
95+(1) promulgate rules [for implementing ] to
96+implement and administer the program and for a reasonable
97+living stipend in consultation with the university; provided
98+that the maximum living stipend shall be based upon the
99+availability of funds and information provided by the
100+university regarding the current cost of attendance at the
101+university;
102+[(2) publicize the program to law students and
103+to prospective law students;
104+(3)] (2) collect and manage repayment from
79105 students who do not meet their obligations under the program;
80106 and
81-(3) accept funds for the program, including
82-grants and donations.
107+[(4) solicit and] (3) accept funds for the
108+program, including grants and donations.
83109 B. The university shall publicize the program to
84110 law students and prospective law students.
85-C. Participants shall enter the program in their
86-final year of law school. The commission shall select
87-participants according to program rules and shall create a
88-standard process for law students to apply to participate in
89-the program.
90-D. The department shall award no more than two new
91-waivers a year, in addition to renewing existing waivers for
92-eligible participants, subject to the availability of
93-funding.
94-E. Participation in the program shall be evidenced
95-by a contract between the participant and the department.
96-The contract shall provide for the payment of a participant's
97-waiver and shall be conditioned upon the participant
98-fulfilling the program obligations and meeting the
99-university's standards for satisfactory academic progress.
100-An applicant to the program shall sign the contract prior to
101-being accepted into the program.
102-F. The contract shall include the following terms HJC/HRDLC/HB 24
103-Page 3
111+[B.] C. Participants shall enter the program in
112+their final year of law school. The [department ] commission
113+shall select participants according to [rules it promulgates
114+and, in consultation with the commission ] program rules and
115+shall create a standard process for law students to apply to
116+.228935.2
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129-for repayment of the waiver:
130-(1) interest shall accrue upon termination
131-of the participant's course of study at the following
132-interest rates:
144+participate in the program.
145+[C.] D. The department shall award no more than two
146+new waivers a year, in addition to renewing existing waivers
147+for eligible participants, subject to the availability of
148+funding.
149+[D.] E. Participation in the program shall be
150+evidenced by a contract between the participant and the
151+department. The contract shall provide for the payment of a
152+participant's waiver and shall be conditioned upon the
153+participant fulfilling the program obligations and meeting the
154+university's standards for satisfactory academic progress. An
155+applicant to the program shall sign the contract prior to being
156+accepted into the program.
157+[E.] F. The contract shall include the following
158+terms for repayment of the waiver:
159+(1) interest shall accrue upon termination of
160+the participant's course of study at the following interest
161+rates:
133162 (a) eighteen percent per year if the
134163 participant completes a course of study and no portion of the
135-principal and interest is forgiven pursuant to Subsection G
164+principal and interest is forgiven pursuant to Subsection [F ] G
136165 of this section; and
137166 (b) seven percent per year in all other
138167 cases; and
139-(2) the maximum period for repayment shall
140-be ten years, commencing six months from the date the
141-participant completes or discontinues the course of study.
142-G. The contract shall provide that the department
143-forgive fifty percent of a waiver for each year that a
144-participant is employed full time as a community governance
145-attorney with a maximum salary not to exceed the entry-level
146-salary rate paid by the legal service provider."
147-SECTION 2. Section 21-21Q-4 NMSA 1978 (being Laws 2019,
148-Chapter 43, Section 4) is amended to read:
149-"21-21Q-4. COMMISSION--DUTIES.--
150-A. The "community governance attorney commission"
151-is created. The commission shall be composed of five members
152-as follows:
153-(1) the secretary or the secretary's HJC/HRDLC/HB 24
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168+(2) the maximum period for repayment shall be
169+.228935.2
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180-designee;
197+ten years, commencing six months from the date the participant
198+completes or discontinues the course of study.
199+[F.] G. The contract shall provide that the
200+department forgive fifty percent of a waiver for each year that
201+a participant is employed full time as a community governance
202+attorney with a maximum salary of not more than fifty thousand
203+dollars ($50,000) per year, subject to adjustment by the
204+commission pursuant to Subsection [G ] H of this section.
205+[G.] H. The commission may approve subsequent
206+increases in the maximum salary established pursuant to
207+Subsection [F] G of this section; provided that the maximum
208+salary shall not exceed the salary rate for entry-level
209+attorneys paid by legal service assistance entities in New
210+Mexico that receive funding from the federally established
211+legal services corporation."
212+SECTION 2. Section 21-21Q-4 NMSA 1978 (being Laws 2019,
213+Chapter 43, Section 4) is amended to read:
214+"21-21Q-4. COMMISSION--DUTIES.--
215+A. The "community governance attorney commission"
216+is created. The commission shall be composed of five members
217+as follows:
218+(1) the secretary or the secretary's designee;
181219 (2) the dean of the university or the dean's
182220 designee; and
183221 (3) three members appointed by the governor;
184-provided that one member shall be a:
185-(a) current or past member of the
186-acequia commission;
187-(b) current or past member of the land
188-grant council; and
189-(c) current or past member of the
190-colonias infrastructure board and a resident of a colonia.
191-B. Staff and meeting space for the commission
192-shall be provided by the university. The commission shall
193-elect a chair and such other officers as it deems appropriate
194-and shall meet at the call of the chair. Members of the
195-commission shall receive per diem and mileage pursuant to the
196-Per Diem and Mileage Act and shall receive no other
197-compensation.
198-C. The commission shall:
199-(1) make recommendations to the department
200-on applicants for the program;
201-(2) advise the department on the adoption of
202-rules to implement the provisions of the Community Governance
203-Attorney Act; and
204-(3) pursuant to the Procurement Code, HJC/HRDLC/HB 24
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231-solicit proposals for disbursement from the fund for legal
232-services.
233-D. The university shall, with the approval of the
234-commission, enter into contracts for expenditure of the fund
235-for the purpose of providing free community governance
236-attorney services for acequias, land grants-mercedes and low-
237-income residents of colonias on issues regarding the
238-governance of colonias. The contracts shall be entered into
239-with the university, counties or municipalities that have
240-designated at least one colonia within their boundaries,
241-state agencies or nonprofit organizations whose mission
242-includes providing a range of legal services to low-income
243-New Mexicans. No contract shall provide funding in excess of
244-one-half of a full-time community governance attorney
245-position and each contract shall be executed only with
246-service providers that have secured sufficient matching
247-funding to provide a full-time position."
250+provided that one member shall be a member of an acequia, one
251+member shall be a current or past member of the land grant
252+council and one member shall be a current or past member of the
253+colonias infrastructure board and a resident of a colonia.
254+B. Staff and meeting space for the commission shall
255+be provided by the university. The commission shall elect a
256+chair and such other officers as it deems appropriate and shall
257+meet at the call of the chair. Members of the commission shall
258+receive per diem and mileage pursuant to the Per Diem and
259+Mileage Act and shall receive no other compensation.
260+C. The commission shall:
261+(1) make recommendations to the department on
262+applicants for the program;
263+(2) advise the department on the adoption of
264+rules to implement the provisions of the Community Governance
265+Attorney Act; and
266+(3) pursuant to the Procurement Code, solicit
267+proposals for disbursement from the fund for legal services.
268+[(4)] D. The university shall, with the approval of
269+the commission, enter into contracts for expenditure of the
270+fund for the purpose of providing community governance attorney
271+services for acequias, land grants-mercedes and low-income
272+residents of colonias on issues regarding the governance of
273+colonias. The contracts shall be entered into with the
274+university, state agencies or [with] nonprofit organizations
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303+whose mission [is to provide ] includes providing a range of
304+free legal services to acequias, land grants or low-income New
305+Mexicans. No contract shall provide funding in excess of one-
306+half of a full-time community governance attorney position [and
307+each contract shall be executed only with service providers
308+that have secured sufficient matching nonstate funding to
309+provide a full-time position; and
310+(5) adopt such rules as are necessary to carry
311+out the provisions of this section.
312+D. The department, pursuant to rules of the
313+commission, shall administer the contracts and programs
314+provided for in this section ]."
248315 SECTION 3. EFFECTIVE DATE.--The effective date of the
249316 provisions of this act is July 1, 2025.
317+- 6 -
318+.228935.2