Democrats campaigned last year on a promise to raise New Mexico’s minimum wage, which has remained at $7.50 an hour for a decade. How high it will go, exactly, is a question that quickly has become wrapped in a battle waged by the restaurant industry and could get caught in a tug-of-war between the state House and Senate. The issue has raised a series of other questions as well. Should there continue to be a lower minimum wage for workers who traditionally earn tips from customers, such as restaurant servers? Should employers be allowed to offer a lower minimum wage to younger workers, like high school students?
Democrats in the state House of Representatives say they hope to move quickly to approve a measure that would draw more money from the state Land Grant Permanent Fund for early childhood education, thereby pressuring powerful Sen. John Arthur Smith to give it a hearing. The proposed state constitutional amendment, House Joint Resolution 1, could get its first committee hearing within a week, far earlier than at any time in the eight years Democrats have pushed the measure. “I think it will be a priority,” said Rep. G. Andrés Romero, D-Albuquerque, who on Wednesday became chairman of the House Education Committee. He said that committee likely will hear new bills by Wednesday, though it’s unclear if the proposed constitutional amendment will land there first. The House on Wednesday assigned 155 bills for committee hearings.
Lawmakers are hopeful that 2019 brings an opportunity to significantly overhaul major parts of the New Mexico criminal justice system, after what one key state senator called a “lost decade” that saw myriad ideas but scant action. Bills are expected to address chronically high crime rates across the state, with a focus on speedier justice in cases involving violence and more lifeboats for people whose lesser crimes have saddled them with the stigma of a criminal record. Related: Lawmaker confident about criminal justice reform’s chances of passage
There’s talk of a massive “omnibus” bill that would feature changes to New Mexico’s probation and parole systems, reparations for crime victims, the way law enforcement uses eyewitness testimony to seek convictions and several other laws. Then there are the reforms that, in years past, have found support from both political parties but ultimately met the veto pen of Gov. Susana Martinez, a former prosecutor who for eight years stuck to her belief that New Mexico needed tougher penalties for lawbreakers, but largely stiff-armed proposals to address systemic injustices. Those shifts — likely to be proposed in individual bills — would include limiting the use of solitary confinement in the state’s prisons and jails, creating a pathway for some offenders to have their criminal records wiped clean after a period of time and prohibiting private-sector employers from inquiring about job applicants’ past convictions in most instances.
In the New Mexico Legislature, Democratic Rep. Antonio “Moe” Maestas’ name could be synonymous with criminal justice reform. Now, in his 12th year as a lawmaker, Maestas wants to overhaul the state’s criminal justice system. In 2016, when the Republican-controlled state House of Representatives and then-Gov. Susana Martinez championed legislation to increase criminal penalties and reinstate the death penalty, Maestas was the leading voice against those efforts. Now, Maestas, a former prosecutor, is headed into the 2019 legislative session armed with what he calls an omnibus package of bills that have historically seen bipartisan support, but fell victim to Martinez’s veto pen. Maestas thinks, with a new governor, this is the year for reform.
If an interim legislative committee meeting on Thursday is any indication, 2019 could be a year when New Mexico lawmakers pass a slate of criminal justice reform efforts that were previously blocked by Gov. Susana Martinez. The Courts, Corrections and Justice interim committee met to hear recommendations from a subcommittee tasked with reviewing and crafting possible legislation, some of which addresses probation and parole standards and changing punishments for non-violent crimes. Most of the bills the interim committee discussed previously passed the Legislature with bipartisan support before they were vetoed by Martinez. A bill to “ban the box,” or prohibit private employers from asking about criminal convictions on employment applications, for example, was cosponsored by a Republican and Democrat in 2017 and made it to Martinez’s desk with significant Republican support. Still, Martinez vetoed it, saying it limited employers’ ability to properly vet potential employees.
Democratic state legislators who want to expand early childhood education by spending a portion of New Mexico’s $16 billion land grant endowment won another round Friday, bringing their proposal to a pivotal point. The Senate Education Committee voted 5-3 on party lines to advance the proposed constitutional amendment, formally called House Joint Resolution 1. Republicans on the committee opposed the measure, saying spending more of the endowment now would hurt future generations. One Republican lawmaker also pointed to the market’s recent volatility and said the fund has lost hundreds of millions of dollars during the decline. Under the proposed amendment, another 1 percent would be taken from the state’s Land Grant Permanent Fund.
The state lottery’s luck may have run out at the Legislature. A House committee on Wednesday tabled a bill that would end a requirement that the New Mexico Lottery turn over 30 percent of the gross revenue of ticket sales for the state’s college scholarship program. The lottery argues that scrapping the revenue requirement would allow it to boost prizes, in turn raising ticket sales and providing even more money for scholarships, which helped defray expenses for some 26,000 students last year. Critics contend the bill would amount to a blank check for the state lottery and mean less money for students. The 8-8 vote by the Appropriations and Finance Committee did not kill House Bill 147.
The state House of Representatives voted Tuesday to ask New Mexicans for an additional piece of the state’s $17 billion Land Grant Permanent Fund to pay for early childhood education. The House passed the proposed constitutional amendment by a vote of 36-33 that fell mostly along party lines after hours of debate that were both wonkish and visceral — dealing with a facet of the state’s finances that is arcane but deeply rooted in New Mexico’s history. In the Land Grant Permanent Fund, lawmakers argued alternately, there is an opportunity to break generational cycles of poverty or a risk of imperiling the state’s financial future. Progressives and advocates for children’s issues have pushed similar proposals for years, arguing additional money from the fund could provide a needed boost for families in the state with the highest rate of child poverty. But critics in both parties have countered that taking an additional 1 percent of the fund would strain the Land Grant Permanent Fund in the future.
State lawmakers did not know Jeremiah Valencia during his short, tormented life. But 13-year-old Jeremiah’s death dominated debate at a lengthy legislative hearing Thursday. At issue was a bill to make intentional child abuse resulting in death a first-degree felony that carries a life prison sentence, regardless of a child’s age. Under current state law on child abuse, life sentences can only be given to defendants who intentionally kill a child younger than 12. Someone who abuses and kills a child between 13 and 18 can receive a sentence of up to 18 years.
Gov. Susana Martinez stood on a sound stage in Albuquerque last summer crediting the film and television industry with injecting a record $505 million into the New Mexico economy over the previous fiscal year. But will the governor who sought to cut tax rebates for filmmakers when she first took office go along with a bill to lift the current cap on incentives, a measure that some say would provide an additional boost as the industry continues to prove a particularly busy part the state’s economy? Democratic legislators are pushing a bill that would eliminate the $50 million cap on the annual total of tax rebates the state provides film and television producers working in New Mexico. In an unusual inversion of the Legislature’s typical partisan dynamics, Democrats argue it would be a boon for business but Republicans contend it could strain the state’s budget and amount to a giveaway for out-of-state businesses. So even though the proposal, House Bill 113, passed its first committee on Wednesday, it only did so on party lines, casting doubt on whether the Republican governor would support it.