Legislators plan on introducing at least three LGBTQ-related bills in the upcoming legislative session, including one that would amend the New Mexico Human Rights Act. New Mexico Human Rights Act
Written in the 1960s, the New Mexico Human Rights Act could use a language update, according to Marshall Martinez, executive director of Equality New Mexico, a nonprofit that serves the LGBTQ community. One of the things the bill will bring, if passed, will be updated definitions of gender identity, gender and sexual orientation. “We’re crafting broad, expansive definitions to make sure this covers every person in New Mexico,” Martinez said. The second thing the bill will do is close what Martinez called “a loophole” that has always existed in the New Mexico Human Rights Act.
A group of legislators, advocates and individuals celebrated the start of New Mexico’s Paid Sick Leave law, which officially starts Friday. The Paid Sick Leave bill passed after a bitter fight between Democrats in the state Senate in the final hours before the legislature ended. Gov. Michelle Lujan Grisham signed the bill. State Sen. Mimi Stewart, D-Albuquerque, said the sponsors of the bill agreed to let the bill go into effect on July 1, 2022 instead of July 1, 2021 as a compromise with New Mexico businesses who said they could not afford to provide paid sick leave, particularly after being impacted by the COVID-19 pandemic. Stewart said there was an attempt to weaken the law before the start of the 2022 legislature but no bill was ever introduced.
With relatively few reproductive healthcare bills before the 2022 legislative session, only one made it through intact. HB 32, sponsored by state Rep. Christine Trujillo, D-Albuquerque, which eliminates gross receipts tax, sometimes referred to as a sales tax, on feminine hygiene products, was grafted into HB 2, the general appropriation bill. The elimination of the GRT effectively, in layman’s terms, eliminates any sales tax to the products, which Trujillo sees in broader terms of civic engagement and political access. Trujillo said she wants to see poor and young girls to “start becoming more empowered and maybe this bill will help.”
“I want young girls to recognize that if they have that need for those necessities, they should not be shy about asking for them, and also start getting involved and engaged,” she told NM Political Report. The bill unanimously passed the House Health and Human Services Committee but the House Taxation and Revenue Committee tabled the bill. The House Taxation and Revenue Committee later amended a tax changes bill, HB 163, sponsored by Christine Chandler, D-Albuquerque, to include tax deductions for gross receipts tax for feminine hygiene products.
A poll taken this fall shows that New Mexican voters are in favor of a state-supported paid family and medical leave program. A group of Democratic representatives, led by state Rep. Christine Chandler of Los Alamos, have sponsored a bill to establish such a program in the last few legislative sessions but the bills failed to make it through. The bill would have established a fund that both employers and employees pay into that could then be tapped for up to 12 weeks in the event of certain exigencies, such as a new child’s arrival. Related: Paid Family and Medical Leave bill clears House Judiciary Committee
The poll found that 77 percent of New Mexico voters support a state-supported paid family and medical leave insurance program. The number of supporters increased to 81 percent when the voters were told that such a plan would cost workers $2 to $6 per week, according to the poll results.
Gov. Michelle Lujan Grisham signed two health-related bills Wednesday that will advance equity, advocates have said. Lujan Grisham signed the Healthy Workplaces Act.
HB 20, whose lead sponsor was Rep. Christine Chandler, D-Albuquerque, mandates that all private sector employers must provide up to 64 hours of paid sick leave a year. Starting July 1, 2022, employees will earn one hour of paid sick leave for every 30 hours worked. The fine for noncompliance is $500. The bill sparked controversy when Sen. Daniel Ivey-Soto, D-Albuquerque, continued a line of questioning to the Senate Pro Tem Mimi Stewart, D-Albuquerque, that some have called bullying during a Senate floor debate.
The House voted 41 to 26 to agree with Senate changes to the paid sick leave bill on the final morning of the Legislature on Saturday.
HB 20, whose lead sponsor was Rep. Christine Chandler, a Democrat from Los Alamos, would mandate that all private employers provide up to 64 hours of paid sick leave per year for employees. Private sector employees would accrue one hour of paid time off for every 30 hours worked. Gov. Michelle Lujan Grisham is expected to sign the bill. Getting HB 20 to final passage was called “one of the most difficult lifts this session,” by Rep. Susan Herrara, D-Embudo. The debate around HB 20, mostly entailed concerns about the business community’s, particularly small businesses, ability to absorb the cost.
A renewed effort to ban trapping on public land in New Mexico moved through the House of Representatives by a close vote of 35-34 and is now on its way to the governor’s desk for a signature. In addition to outlawing the use of traps, Senate Bill 32 would prohibit the use of snares and wildlife poison on public land. The proposal would establish misdemeanor penalties for violations of the anti-trapping measure. It contains exceptions, including all other types of hunting; ecosystem management; cage traps to protect property, crops or livestock; and religious and ceremonial purposes by enrolled members of a federally recognized Indian nation, tribe or pueblo. Trapping on private and tribal land would still be allowed.
After a lengthy debate around some of the language and regulatory details of the Healthy Workplaces bill, the Senate Judiciary passed the paid sick leave proposal on a 5 to 4 vote. HB 20 would enable all private employees to accrue up to 64 hours of paid sick leave per year with an effective date of July 1, 2022. Earlier this week, the day before it was expected to be heard on the Senate floor, Sen. Joseph Cervantes, D-Las Cruces, pulled the bill and asked that it be assigned to his Senate Judiciary Committee for an amendment. Cervantes said he wanted to strike a section of the bill that stated its purpose, which the committee did so through an amendment. Republicans also added an amendment.
During a press conference on Friday, two New Mexico doctors urged the state senate and Gov. Michelle Lujan Grisham to support the Healthy Workplaces bill during a press conference on Friday. HB 20 passed the House 36 to 33 after a three-hour debate on Sunday. Republicans, all of whom voted against it, largely argued the bill would hurt small businesses in New Mexico. Eight Democrats also voted against the bill. Related: Bill to mandate paid sick leave passes House
If passed and signed into law, HB 20 would allow all private employees working in the state to earn up to eight days of paid sick leave per year.
After a three-hour debate in the House of Representatives late Sunday, the Healthy Workplaces bill passed 36 to 33 and will head to the Senate. HB 20 would allow all private employees working in the state to accrue up to eight days of paid sick leave per year. If passed, a full-time employee would have to work close to six weeks before being able to accrue one full day of sick leave, Rep. Christine Chandler, D-Los Alamos, said. Chandler is the lead sponsor to the bill. An employee would earn one hour of paid sick time for every 30 hours worked. The debate largely revolved around small businesses in the state.