Guv signs civil rights commission, election, budget solvency bills

On Friday afternoon, Gov. Michelle Lujan Grisham signed three pieces of legislation from the special session which ended earlier this week: a bill to create a state civil rights commission, a bill to aid in voting amid a pandemic and a solvency bill related to the budget. Other pieces of legislation, including the revised budget, remain on her desk. The governor can issue line-item vetoes of bills that include an appropriation, including the budget. She has until July 12 to decide on those, though the new fiscal year begins on July 1. The civil rights commission bill was one of the pieces of legislation aimed at police reform that passed the Legislature this year.

Offensive phone calls disrupt House rules committee meeting

A House committee charged with creating rules for running the special session got an earful Wednesday when some telephone callers into the meeting criticized social protests and uttered racial epithets. The scene, legislators on both sides of the aisle said, pointed to the challenge of running a nontraditional session of the Legislature. Members of both political parties expressed outrage at the calls, which effectively ended any effort to take public comment by phone during Wednesday’s meeting of the House Rules and Order of Business Committee at the Roundhouse. “What we just heard is pretty disgusting,” said House Speaker Brian Egolf, D-Santa Fe. Rep. Jim Townsend, the minority leader in the House, agreed. 

“I am the strongest proponent of public involvement that there is, but when I hear comments like that … that’s uncalled for,” said Townsend, R-Artesia.

Secretary of state pushes for temporary automatic mail election

Secretary of State Maggie Toulouse Oliver is advocating for legislation during this week’s special session that would extend the deadline for counting absentee ballots in the November general election and allow county clerks to automatically send ballots to all registered voters prior to Election Day, her office said. At the peak of the COVID-19 pandemic, Toulouse Oliver and a couple of dozen county clerks in the state had pushed for a mail-only primary election to protect poll workers and voters from risks of contracting the viral illness. The state Supreme Court rejected the clerks’ request, however, saying the Legislature would have to approve a change in law to allow mass distribution of ballots by mail to voters who haven’t requested one. Spokesman Alex Curtas said Friday the secretary of state still supports an emergency provision allowing ballots to be sent to voters without an application. She also backs other proposals that could streamline the general election, he added.

Guv signs bill protecting pregnant workers

Gov. Michelle Lujan Grisham signed a bill into law Friday that protects working mothers and new moms from discrimination in the workplace. HB 25, or the Pregnant Worker Accommodation Bill, amends the state’s Human Rights Act to make pregnancy, childbirth and conditions related to either a protected class from employment discrimination. “It’s good to sign a bill that does what is so obviously the right thing to do,” Lujan Grisham said through a written statement. “There is no world I can imagine in which it would be right or fair to discriminate against a woman for becoming a mother.”

The bill allows a pregnant person or new mom to ask for “reasonable accommodations” such as a stool, extra bathroom breaks, or time to make prenatal visits. The new law prohibits an employer from forcing a pregnant worker or new mom to take time off because of their condition unless requested by the employee.

A bill to prohibit requiring NDAs for sexual harassment settlements headed to Guv’s desk

A bill that supporters say will prevent serial sexual harassers in the workplace passed the Senate floor 23 to 13. HB 21 will enable victims of sexual harassment, retaliation and discrimination in the workplace to determine if a nondisclosure agreement should be part of a settlement with a former employer. Backers of the bill say it levels the playing field and prevents serial abuse. The bill is now headed to Gov. Michelle Lujan Grisham, who is expected to sign it. According to Christopher Papalco, a University of New Mexico law student, 38 percent of sexual harassment claims in New Mexico involve repeat offenders.

Pregnant worker protection bill on its way to Guv’s desk after scare on Senate floor

A bill protecting pregnant workers nearly died on the Senate floor Tuesday night when a Democrat tried to introduce an amendment viewed as “unfriendly.” However, the Senate defeated the amendment and the bill itself passed unanimously. HB 25 seeks to protect pregnant workers and new moms in the workplace by amending the state Human Rights Act to include those employees. This would enable pregnant people and new moms to seek mitigation under the state’s Human Rights Commission if they feel they have been discriminated against if an employer refuses “unreasonable accommodations.”

An amendment that Senator Joseph Candelaria, a Democrat from Albuquerque, tried to attach to the bill took issue with the idea that pregnant workers and new moms belong under the Human Rights Act. Candelaria, who is openly gay, said the bill created a “new suspect class of people.”  He did not want the Human Rights Act to be amended. He said the bill would “erode decades of civil rights litigation and protections” reserved for immutable aspects of a person such as sexual orientation.

Bill to aid pregnant workers clears committee after debate over perceived vagueness

The Senate Judiciary Committee passed a bill to protect pregnant workers but killed a proposed amendment that some lawmakers said would have protected workers who allege a violation of the proposed law from further discrimination. HB 25 aims to protect pregnant workers or new moms from discrimination in the workplace. Under the proposed law, New Mexico employers with four or more employees would have to provide “reasonable accommodations” to a pregnant worker or new mom. Examples of “reasonable accommodations” are defined as reprieve from heavy lifting, providing water or a stool at a workstation and extra bathroom breaks, according to backers of the bill. The bill has received wide support from industry, anti-abortion groups and abortion rights organizations.

Proposal to tap land grant permanent fund for early childhood education suffers another setback

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. 

“I apologize.

Bill to lengthen statute of limitations on child sexual abuse passes House

A bill that would extend the statute of limitations on taking civil action for child sexual abuse passed the House floor with broad bipartisan support Friday. HB 302 passed 61 to 4. Currently, a victim of childhood sexual abuse must bring a claim to civil court before the victim’s 24th birthday or within three years of disclosing the abuse to a health provider. Bill co-sponsor Rep. Marian Matthews, D-Albuquerque, said that this bill would open that up. The bill would not change the 24th birthday limitation but would expand the three-year period when a victim first becomes aware of the abuse and understands that they were harmed by it.

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.