A plan that would increase contributions from public workers and the state to the Public Employees Retirement Association to get the pension system on a path to solvency is nearly on its way to Gov. Michelle Lujan Grisham’s desk. The House approved the legislation in a 40-28 vote Monday after hours of debate. Senate Bill 72 calls for a rise in contributions and a temporary suspension of cost-of-living increases for some retirees in an effort to ensure PERA can continue pension payouts well into the future, supporters say. It also calls for reduced cost-of-living increases in the years after the suspension ends. The House made a technical change to an amendment to SB 72, so the measure will need to return to the Senate for approval before going to the governor’s desk, said Daniel Marzec, a spokesman for the House Democrats.
The House late Saturday night approved legislation by a wide margin meant to decrease the number of people on parole or probation going back to prison on technical violations for issues like missing a drug test or an appointment with a parole officer. In a 47-17 vote, with some Democrats voting against the measure, the House approved a new version of a bill sponsored by Rep. Antonio “Moe” Maestas, D-Albuquerque and a handful of other lawmakers. Gov. Michelle Lujan Grisham vetoed a similar bill last year after it cleared both the House and Senate. The revised version, Maestas argues, has a much better shot at being signed by the governor. In her veto message, the governor had asked bill sponsors to meet with prosecutors and work on a compromise.
For years, it was one of the most talked-about proposals in the Roundhouse.
There was repeated excitement, momentum, controversy and resistance — all over legislation calling for a constitutional amendment to tap more of the state’s nearly $20 billion Land Grant Permanent Fund to pay for early childhood education. But this year, the atmosphere is more one of muted neglect. That’s likely because there’s a new kid on the block, a proposal to create an early childhood trust fund with other revenue streams. The idea has traveled further in its first year than the land grant proposal ever has — it reached the governor’s desk after being passed by the full Senate on Friday. A big setback for the land grant proposal came on Saturday in the Senate Rules Committee, where most members walked out before the legislation, known this year as House Joint Resolution 1, was heard. Many legislators had been in the room for other matters earlier that morning, yet only four were left when HJR1 was taken up, depriving its supporters of a quorum needed for a vote.
After weeks of heated testimony, the last legislative debate on a contentious gun-control bill played out with little drama Thursday night on the House floor. But there was a moment late in the proceedings when Rep. Antonio “Moe” Maestas choked up with emotion. The Albuquerque Democrat described his wife’s 41-year-old cousin, Celena Alarid, sticking a gun in her mouth and pulling the trigger. “She went to heaven sooner rather than later,” he said.
But much of the three-hour debate over Senate Bill 5 played out like a piece of lackluster theater — one in which everyone involved knew their lines, everyone was tired of saying them and the final scene was very easy to predict. The House voted 39-31 Thursday night to approve the so-called “red-flag” bill, which will allow law enforcement to petition for a court order to take away a person’s firearms. A judge would require the person to give up their guns for 10 days — an order that could be extended to one year — if probable cause is found that the person poses a threat to themselves or others.
Lawmakers and prosecutors appear as far apart as ever on reform proposals for New Mexico’s probation and parole systems, despite Gov. Michelle Lujan Grisham admonishing them to find common ground in April. That’s when the first-term Democratic governor vetoed a reform bill — with significant consternation — that would have shifted the systems away from incarceration as a first resort and likely seen significantly fewer people returning to prison and jail.
The disagreements center largely on who should be locked back up for violating their probation and who should not, and a change that would have required the Parole Board to issue detailed, written findings when it denies someone’s release after 30 years behind bars. If changes favored by legislators become law, potentially thousands of people in New Mexico who are currently locked up would remain under state supervision, but not behind bars. It could burden the justice system, creating the need for new jobs and monitoring mechanisms, but also save the public millions in lock-up costs, legislative analysts say. Lawmakers have pushed the changes because they say a shift toward rehabilitation and providing services to lower-level offenders can help them turn their lives around and stay out of the justice system.
A long-sought set of reforms to the way New Mexico jailers and prison officials use solitary confinement kicked in July 1, barring the practice for certain populations and starting the clock on what civil rights advocates and lawmakers hope will lead to unprecedented transparency on the controversial practice in the state. Effectively immediately, pregnant women and children can no longer be held in solitary, and beginning in November prisons and jails around the state will start publicly reporting how many people are being held in solitary. Insufficient data has for years frustrated lawmakers’ and others’ ability to understand the scale at which solitary confinement is used in the state’s jails and prisons.
State Rep. Antonio “Moe” Maestas, D-Albuquerque, co-sponsor of House Bill 364 during the legislative session that concluded in March, sent a letter to Gov. Michelle Lujan Grisham’s administration and officials who run the 33 county jails across New Mexico, reminding them of the new statute’s requirements. Among the changes is the state’s first universal definition for solitary confinement: holding someone in a cell alone for 22 or more hours a day “without daily, meaningful and sustained human interaction.”
Previously, jails and prisons were using a patchwork set of labels and standards to categorize solitary confinement, often frustrating lawmakers’ and others’ efforts to snap a true picture of how the tactic was used in New Mexico. The measure required prisons and jails to stop keeping children and pregnant women in solitary — except in extremely rare instances — on July 1.
New Mexico Attorney General Hector Balderas and all fourteen of the state’s district attorneys are asking Gov. Michelle Lujan Grisham to veto a bill that would change laws governing probation and parole for criminal offenders. The prosecutors said in a letter Friday to the governor that the measure approved by the Legislature would jeopardize public safety. Supporters of the bill said that isn’t accurate. The letter is, at best, disingenuous, said House Judiciary Chairwoman Gail Chasey, D-Albuquerque, one of the bill’s four sponsors. “We are looking at a new day here and a lot of what is claimed in that letter, the exact opposite is true,” Chasey said Friday.
After a three-hour debate Thursday night, the state House of Representatives by a narrow margin — 36-34 — approved a measure that would legalize recreational use of marijuana in New Mexico. Any resident 21 years or older would be allowed to buy, possess and use cannabis under the proposal, which also would create a state oversight commission. House Bill 356 next heads to the Senate for consideration. If the Senate approves it, it would go to Gov. Michelle Lujan Grisham, who has said she favors legalizing recreational marijuana if the proper safeguards are put in place. If such a proposal became law, New Mexico would become the 11th state to decriminalize marijuana, which remains illegal under federal law.
A handful of Democrats joined with Republicans at the Legislature on Friday to quash a bill that would have allowed the state to charge higher royalty rates on some oil and gas production. The first committee hearing for House Bill 398 turned into a showdown between New Mexico’s influential oil industry and a newly elected Democratic land commissioner who came to office pledging to collect a greater share of revenue from oil produced on the millions of acres her office controls. Land Commissioner Stephanie Garcia Richard argued that raising royalty rates is strictly good business for a state rich in oil and gas but that has one of the highest rates of poverty in the country. But the oil and gas industry countered that it already generates a large share of the funds for New Mexico’s government through taxes and royalties. Raising royalty rates, representatives from the industry argued, would drive away business and ultimately hurt the state.
The state House of Representatives voted 41-27 to advance a proposal to draw money from the state’s Land Grant Permanent Fund to pay for more prekindergarten programs.
“This bill … is a step in the right direction,” said Rep. Javier Martinez, a co-sponsor of the bill, along with Rep. Antonio “Moe” Maestas, a fellow Albuquerque Democrat. “It could transform education in the state of New Mexico.” House Republicans, all of whom voted against the measure, cautioned that any drawdown from the endowment would affect its ability to grow. “Should we permanently damage the goose that lays the golden egg?”