Three strikes, ethics and pot: A look at pre-filed legislation

When the legislative session begins on Tuesday, Jan. 19, NM Political Report will be on hand for wall-to-wall coverage through adjournment at noon on Feb. 18. And, actually, legislation is already starting to be introduced. Pre-filing of legislation began on Dec. 15 and will continue up until Jan. 15. There are already some notable pieces […]

Three strikes, ethics and pot: A look at pre-filed legislation

When the legislative session begins on Tuesday, Jan. 19, NM Political Report will be on hand for wall-to-wall coverage through adjournment at noon on Feb. 18.

RoundhouseAnd, actually, legislation is already starting to be introduced. Pre-filing of legislation began on Dec. 15 and will continue up until Jan. 15. There are already some notable pieces of legislation for the upcoming 30-day session.

While the short session is primarily for budget issues, Gov. Susana Martinez will provide messages deeming other legislation germane to discussion this year. Between this and the new House majority, the session should have an even larger Martinez imprint than the previous five legislative sessions.

We will be taking looks at pre-filed legislation up through the end of next week and highlight bills that could be a big part of the legislative session and others that just seem interesting.

We’ll start with bills from the House side and tomorrow will look at the Senate bills.

HB 21: Optometrist Qualification of Legally Blind by Rep. Jimmie Hall, R-Albuquerque.

The bill allows optometrists to determine if someone qualifies as blind; currently only a licensed opthalmologist can do so.

HB 24: NM Resident Athletic Scholarship Increase by Rep. Jimmie Hall, R-Albuquerque.

The bill would require universities that give athletic scholarships to award fifty percent of those to those who went to high school in New Mexico if not as many are given to those who attended a high school in New Mexico, “the secretary of higher education shall require the institution to withdraw a sufficient number of athletic scholarships offered to out-of-state residents in order to reallocate offers so that fifty percent or more of the athletic scholarships available from the institution.”

HB 26: Solar Market Development Tax Credit Changes by Rep. Sarah Maestas Barnes, R-Albuquerque

The bill would extend the solar tax credit through 2024; the tax credit would remain at the current ten percent through the end of 2018 and then decrease by one percent annually until it is at five percent in 2025. Last year, Martinez vetoed an extension without an explanation. There is a Senate version of the legislation as well.

HB 29: Allow Local Government Curfew Ordinances by Rep. Nate Gentry, R-Albuquerque, and Rep. Carl Trujillo, R-Santa Fe.

The legislation would allow counties or municipalities to “adopt a curfew ordinance to regulate the actions of children between midnight and 5:00 a.m.” and to “regulate the actions of children during daytime hours on school days.” The controversial legislation will likely be tied into the tough-on-crime narrative from Republicans.

HB 30:  Communication of Certain Images to Children by Rep. Kelly Fajardo, R-Belen.

The legislation would amend legislation that makes it illegal to send images of “the person’s intimate parts” to “any person’s intimate parts” to children.

HB 34: Post-Thanksgiving Gross Receipts Deduction by Rep. David Adkins, R-Albuquerque.

The bill would allow people to deduct purchases from small businesses on the Saturday after Thanksgiving, which is known as Small Business Saturday.

HB 35: Habitual Offender Sentencing Changes by Rep. Bill Rehm, R-Albuquerque.

A “habitual offender” in New Mexico is one with a prior felony conviction and those can have an additional year imposed on their sentences. The bill would stop allowing judges to suspend or defer the additional year for any habitual offenders. It removes the part of the law that allows judges to suspend or defer sentences for those with previous nonviolent felony offenses where a judge finds “that justice will not be served by imposing a mandatory sentence of imprisonment and that there are substantial and compelling reasons, stated on the record, for departing from the sentence imposed.” Currently, someone is only considered a habitual offender if their sentence, including probation, for a previous sentence was within the last ten years. This legislation would remove that.

HB 37: Three Strikes Law by Rep. Bill Rehm, R-Albuquerque.

HB 56: Three Strikes Law by Rep. Paul Pacheco, R-Albuquerque.

The legislation would increase the amount of offenses that would prompt a life term in prison. The original law was passed in 1994 and no one has been charged with it yet; that’s likely because the penalties in the original law all carry 15 to 30 year prison terms.

HB 41: School Superintendent Contract Criteria by Rep. Bill Rehm, R-Albuquerque.

The bill would, among other things, cap contracts for school district superintendents, assistant superintendents and any school employee who makes more than $150,000 at two years. It would also only allow four weeks of severance pay for those who had their contracts terminated with cause and none for those whose contracts were terminated with cause.

HB 51: Firearms Transfer Act by Miguel Garcia, D-Albuquerque

The governor once supported the piece of gun control legislation but it seems unlikely that it will be put on the call this year. The legislation would require background checks of sales at gun shows.

HB 55: Amend NM Religious Freedom Act by Rep. David Gallegos, R-Eunice, and Rep. Nora Espinoza, R-Roswell.

Last year amid the controversy over Indiana instituting a wide-ranging law that critics said would allow discrimination against LGBT customers, NM Political Report wrote that New Mexico has a similarly-named law that was nothing like the Indiana law. This bill would change that and would allow anyone to refuse service to LGBT customers as long as it “is substantially motivated by religious belief.” It also removes language about protection for those based on “sexual orientation and gender identity” in some cases.

HB 60: Suspension or Deferral of Felony Sentences by Rep. Paul Pacheco, R-Albuquerque

The bill would only allow judges to suspend or defer fifteen percent of any sentence for “a felony offense that is a serious violent offense.”

HB 63: Workers’ Comp Benefits & Intoxication by Dennis Roch, R-Logan

The legislation would sharply reduce the amount of worker’s compensation benefits someone who was injured while intoxicated on the job can receive. Roch has introduced the legislation in the past few years, but it has failed to make it to Martinez’s desk. From the legislation: compensation benefits otherwise due and payable from an employer to the worker under the terms of the Workers’ Compensation Act shall be reduced by the degree to which the intoxication or influence contributes to the worker’s injury or death; provided that the reduction shall be a minimum of ten percent but no more than ninety percent, subject to the other requirements of this section.

HB 65: Child Porn Images as Individual Offenses by Rep. Sarah Maestas Barnes, R-Albuquerque, and Rep. Randal Crowder, R-Clovis

The bill would allow additional jail time for each image of children who can be proven to be under the age of 13. It would also allow charges for “each separate depiction” of a child under 18—that is separate charges for each image.

HB 67: School Grade Retention & Reading Plans by Rep. Monica Youngblood, R-Albuquerque.

This is the third grade retention law, which would stop the children who cannot pass the reading test at the third grade level from moving on to the fourth grade. It also provides for intervention before the student is held back. Again, it’s a bill that has been introduced for years but has failed to make it to Martinez’s desk.

HB 72: Allow Use of Juvenile Disposition & Evidence by Rep. Nate Gentry, R-Albuquerque.

The bill by the House Majority Leader would allow judges to consider youth offenses in sentencing

HB 75: Cannabis Revenue & Freedom Act by Rep. Bill McCamley, D-Mesilla Park.

The bill has a very unlikely path to being heard in a committee, let alone becoming law, but it would provide for the legalization and taxation of recreational marijuana in the state of New Mexico. Four other states, including neighboring Colorado, have legalized recreational marijuana. We spoke to McCamley about the bill in a story earlier Tuesday.

HB 80: State Ethics Commission Act by Rep. Brian Egolf, D-Santa Fe.

The House Minority Leader has the piece of legislation that would institute a state ethics commission; again, it’s a perennial bill that fails to gain meaningful traction. The proposed ethics commission would investigate ethics complaints “against public officers, public employees, candidates for elected office, government contractors and lobbyists.”

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Governor to call special session for public safety legislation this summer

Governor to call special session for public safety legislation this summer

Gov. Michelle Lujan Grisham announced that she will call the Legislature into a special session this summer to address public safety legislation that did…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
NM receives $156M to boost access to solar

NM receives $156M to boost access to solar

New Mexico will receive millions in federal money to increase access to solar power. The U.S. Environmental Protection Agency announced recipients of the $7…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
BLM finalizes controversial public lands rule

BLM finalizes controversial public lands rule

The U.S. Bureau of Land Management finalized its controversial public lands rule on Thursday. This rule is controversial because it allows for conservation leasing…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

U.S. Rep. Melanie Stansbury announced a bill on Thursday that would, if enacted, establish judicial ethics to the U.S. Supreme Court. The Judicial Ethics…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
NM receives $156M to boost access to solar

NM receives $156M to boost access to solar

New Mexico will receive millions in federal money to increase access to solar power. The U.S. Environmental Protection Agency announced recipients of the $7…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
New Mexico Voices for Children has new leadership

New Mexico Voices for Children has new leadership

New Mexico Voices for Children, an organization that focuses on tax policy and how it impacts children in poverty, has new leadership. Gabrielle Uballez…

GET INVOLVED

© 2023 New Mexico Political Report