Paid Family and Medical Leave bill heads to Senate Finance Committee next

The Paid Family and Medical Leave bill cleared its first committee hearing by a 6-2 party line vote. The bill, SB 11, would allow employees to take up to 12 weeks of paid leave for a serious medical condition, to care for a family member with a serious medical condition or to welcome a new child. The bill passed with several amendments that bill sponsor, state Senate Pro Tem Mimi Stewart. D-Albuquerque, brought to the Senate Tax, Business and Transportation Committee at the start of the hearing. One amendment clarifies that an employer can’t pass a portion of their premium onto their employees, another makes sure an employee’s medical privacy is protected while providing the employer with necessary information about their leave and another amendment adds two representatives from labor organizations to a Department of Workforce Solutions’ advisory board during rulemaking and implementation of the act, Stewart said.

Bill to give tax rebates to New Mexicans clears Senate committee

A bill that would provide rebates to tax filers in 2023 passed its first Senate committee on a 10-0 vote on Thursday. SB 10, Additional 2021 Tax Rebates, faced no opposition in the Senate Tax, Business and Transportation Committee from the public or in committee vote. State Sen. Benny Shendo Jr., D-Jemez Pueblo, is the primary sponsor of the bill. The bill, if enacted, would provide $750 in tax rebate to single filers and $1,500 in tax rebate to joint filers, head of household and surviving spouse filers who filed tax returns for tax year 2021. The estimated cost for the state is $1 billion for Fiscal Year 2023 and $10 million in Fiscal Year 2024. The funds are nonrecurring and would take advantage of the state’s oil and gas revenue surplus.

Democrats introduce bill providing $1 billion for governor-backed tax rebates

By Robert Nott, The Santa Fe New Mexican

New Mexico taxpayers who received rebates in 2022 are likely to see another round of payments. Gov. Michelle Lujan Grisham said late last year she wanted to use part of the projected $3 billion in new state revenues to provide $750 to individual taxpayers and $1,500 for couples who file jointly. She announced Wednesday the introduction of Senate Bill 10, sponsored by four Democratic lawmakers, which would fulfill her wish. 

The bill would appropriate $1 billion to provide payments to about 875,000 taxpayers who are at least 18 years old. Dependents of other taxpayers would not be eligible for the money. Lujan Grisham said in a news conference Wednesday the money should be seen “as a stimulus.

2020 elections usher in a wave of ‘firsts’ for NM

New Mexico voters embraced candidates in the 2020 elections that have historically been underrepresented, including women, in elected office. The state saw a slew of “firsts” this year. 

For the first time in the state’s history, New Mexico’s three seats in the U.S. House of Representatives will be held by women of color. And both Yvette Herrell, who will represent the state’s 2nd Congressional District, and Deb Haaland, who won reelection to the state’s 1st Congressional District, are enrolled members of Indigenous nations. Haaland is a member of Laguna Pueblo, and Herrell is a member of the Cherokee Nation, making New Mexico the first state in the U.S. to have two Indigenous Representatives. 

Teresa Leger Fernandez, who won New Mexico’s 3rd Congressional District, is Latina. 

Terrelene Massey, Diné (Navajo) and the executive director of Southwest Women’s Law Center, said she’s really excited to see more representation from women, especially women of color and Native American women. “I think they’ll provide different perspectives on the different issues they’ll be working on,” Massey said.

Amended cannabis on tribal lands bill heads to the House

An amended version of a Senate bill that would allow agreements between the New Mexico Department of Health and Native American groups about medical cannabis was approved Wednesday by the Senate 25-16. SB 271, sponsored by Sen. Benny Shendo, D-Jemez Pueblo, received plenty of scrutiny from both Democratic and Republican members. 

Most of the concern over Shendo’s bill was that it could result in tribal communities selling medical cannabis to non-tribal members, causing de facto legalization in areas of the state. 

That concern seemed to be shared by Sen. Daniel Ivey-Soto, D-Albuquerque. He successfully passed an amendment to the bill that specifies that any medical cannabis program a tribal community creates would only be for members.  

“Everytime I asked the sponsor of the bill about the necessity of this, he kept going back to the number of tribal members who participate in medical cannabis,” Ivey Soto said. If the intent is to open this to tribal members, this amendment allows that to happen. If the intent of this bill is to get around the plant count, get around the licences, to blow open the doors of the Lynn and Erin Compassionate Use Act, then you wouldn’t want this amendment.”

Shendo, a member of the Jemez Pueblo, said he would not support the amendment, although it’s unclear exactly who supported it as it came down to a voice vote. 

The bill heads to the House next. 

Shendo sponsored a similar bill last year that did not make it through both chambers before the session ended.

Lower profile cannabis bills headed for floor debates

With eight days left in the legislative session, passing a cannabis legalization bill is looking more and more like a long-shot. But there are three other bills related to cannabis and hemp that have been moving through committee assignments, some with little to no debate or opposition. 

The two cannabis legalization bills have stalled so far in both legislative chambers. The Senate version passed its first committee and is scheduled to be heard Wednesday afternoon in its second. The House version of legalization has yet to be heard in its first committee. Both bills are politically divisive and will likely be subjected to hours of public testimony and legislative debate.

Bill would protect cannabis patients who live on federal trust land

A New Mexico state senator is trying for a second time to pass a bill that would protect medical cannabis patients who live on tribal land. 

Sen. Benny Shendo, D-Jemez Pueblo, said his SB 271 would protect patients from federal law enforcement scrutiny. 

“We have native patients that are under this program and so when they’re off the reservation they’re legal, but as soon as they get on the reservation, federal trust land, it’s illegal because the federal government still has that as a federal violation,” Shendo said. 

Shendo said he hopes that an agreement between the state Department of Health and tribal leaders will at least lower the chances of federal charges for medical cannabis patients who live on tribal land. 

“We had a meeting with the feds and they felt that having some agreement with the state would be really helpful,” Shendo said. 

The state’s medical cannabis law allows for patients to purchase up to about eight ounces of dried flower or buds in a rolling three month period. And even though the tribal land is physically in New Mexico, the state government has little say in what happens on or to that land. 

Shendo said he isn’t sure how many medical cannabis patients live on tribal land, but that the change is still long overdue. 

“This is an issue that we probably should have taken care of when the [Lynn and Erin Compassionate Use] act was enacted, but it wasn’t so we’re just trying to make that correction,” Shendo said. 

The Senate Committee’s Committee, which determines whether bills fit into the governor’s legislative agenda during 30-day sessions, has not ruled the bill germane yet. But, Gov. Michelle Lujan Grisham issued an executive message earlier this week, authorizing the Senate to consider the bill. 

Shendo introduced a similar bill last year that only made it through one committee before the session ended. 

Lawmakers pass bill to rename Columbus Day as Indigenous Peoples’ Day

Goodbye, Christopher Columbus. New Mexico may observe Indigenous Peoples’ Day instead. The Senate voted 22-15 Friday to send Gov. Michelle Lujan Grisham a bill that would rename the holiday commemorating the Italian explorer. The legislation comes as the holiday that took off in the late 19th century as a celebration of Italian-American heritage has in recent decades spurred debate over the real legacy of a man who represents the beginning of European colonialism in the Americas and how best to tell a fuller story of the continent’s history. “I see this as a reconciliation process, not only as New Mexicans but as Americans,” said Sen. Benny Shendo, D-Jemez Pueblo.

Bill would freeze fracking permits while impacts studied

When you’re driving at night through Counselor, N.M., on U.S. 550 the horizon takes on a dusky illumination, almost like daylight, Samuel Sage said during a Monday news conference in Santa Fe. Bright light flares from natural gas being burned off as part of oil and gas production, which has become increasingly common in that area of Northwestern New Mexico, particularly since 2013, said Sage, a member of the Navajo Nation’s Counselor Chapter House. Sage was among several environmental advocates who gathered at the state Capitol in support of a bill that, if passed, would create a four-year moratorium on any new state permits for hydraulic fracturing — a type of deep horizontal drilling that injects high-pressured fluid below ground. The bill also outlines extensive reporting requirements for several state agencies related to the impacts of fracking. “All we want is clean air and clean water,” Sage said.

Handful of Senate Dems help Republicans defeat aid-in-dying bill

The state Senate on Wednesday night defeated a bill that would have legalized assisted suicide for terminally ill patients. In a 22-20 vote, seven Democrats joined 15 Republicans to stop the measure. Sen. Liz Stefanics, D-Cerrillos, sponsored Senate Bill 252 to allow people expected to die within six months to obtain a prescription for drugs meant to end their own lives. In addition, a patient would have to be deemed mentally competent by two doctors. The bill called for a mandatory 48-hour waiting period between the time the prescription was written and filled.