Only a few reproductive justice bills pass in the 2020 legislative session

Of the 12 reproductive justice bills prefiled or introduced in this year’s legislative session, only two made it to Gov. Michelle Lujan Grisham’s desk. HB 25 enables pregnant workers and new moms to seek “reasonable accommodations,” to perform their jobs while pregnant or if they’ve recently given birth. It passed both the House and the Senate. The other bill, HB 21, is one that protects victims of sexual harassment, retaliation or discrimination in the workplace. Bill backers say it enables greater parity when the victim is negotiating a settlement with the former employer.

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.

Senate approves money for early childhood dept. fund

The full state Senate approved legislation Wednesday that would create a new revenue stream for early childhood programs.

By a vote of 40-0, senators passed Senate Bill 3, sponsored by Sen. John Arthur Smith and Rep. Doreen Gallegos. The legislation calls for an appropriation of $320 million to start a new Early Childhood Education and Care Fund that would draw on two other funding sources in future years. The proposal aims to help the state leverage unprecedented oil revenue to boost spending on early childhood education, which Gov. Michelle Lujan Grisham has emphasized since taking office, without causing volatility in the general fund. “This gives us a reliable revenue stream,” Smith, D-Deming, said on the Senate floor. “If you have only hills and valleys, you’re not talking about a plan, you’re talking about a political deal.”

Smith, who is chairman of the Senate Finance Committee, also thanked the windfall from the oil boom in the Permian Basin for giving the state the money to create the new fund. “We still would have been waiting except for the generous returns of oil and gas that have allowed us to do this,” he said.

Budget discussions loom as session hits one-third mark

One-third of the way through the 2020 legislative session, the House and Senate have yet to hear the state’s main budget bill. But as that moment draws nearer, a flurry of negotiations over how to spend more than $7 billion are heating up in committee meetings and behind closed doors. Key talks involve bridging the gaps between the executive and legislative branches’ competing spending plans on education. A series of interviews on Thursday showed some of those discrepancies are being resolved, while others … well, not yet.

Two contraception bills advance

A bill that would go beyond both the governor’s and Legislative Finance Committee’s appropriation recommendations for long-acting reversible contraceptive training to medical professionals passed the Senate Public Affairs Committee 4-2 Thursday. The vote fell along party lines for SB 40, which would provide $1.2 million from the general fund to the state Department of Health to mentor health care providers on long-acting reversible contraception. Democratic Senators Antoinette Sedillo-Lopez of Albuquerque, Elizabeth “Liz” Stefanics of Cerrillos, Jerry Ortiz y Pino of Albuquerque and Jeff Steinborn of Las Cruces voted in favor. Republican Senators Candace Gould of Albuquerque and Craig Brandt of Rio Rancho opposed the bill, while Senate Minority Leader Stuart Ingle was absent. Senate President Pro Tem Mary Kay Papen, D-Las Cruces, is sponsoring this bill as well as another, SB 41, which provides $500,000 to the Department of Health to raise public awareness on long-acting reversible contraception.

Senate prohibits firearms for big hearing on guns, cannabis

The state Senate’s Democratic leadership has banned firearms from a much-anticipated hearing set to take place Tuesday on a controversial gun bill, citing safety concerns. 

Senate President Pro Tem Mary Kay Papen said on the chamber floor Monday that the public will not be able to carry guns while attending a Senate Public Affairs Committee hearing on legislation that would allow so-called extreme risk protection orders. “We want to make sure we don’t have any incidents,” Papen, D-Las Cruces, said in an interview. “Nationally, we have so much anger on this issue. We’re just trying to forestall any problems.” 

The legislation, filed as Senate Bill 5 and House Bill 7, is a marquee item on Gov. Michelle Lujan Grisham’s agenda and likely to be one of the most contentious bills heard during the session. The New Mexico Sheriffs’ Association has voiced strong disapproval of the proposal, which would allow law enforcement to obtain a court order to remove guns from people considered dangerous.

Judge finds state senator guilty of DWI, reckless driving

A district judge found state Sen. Richard Martinez guilty of driving while intoxicated and reckless driving on Tuesday. 

This past summer, Martinez, D-Española, was driving when he hit the car of a couple waiting at a stoplight in Española. After the state senator was taken to a hospital, police arrested him for DWI and reckless driving. 

The ruling on Tuesday came at the end of a two-day bench trial where Martinez’s lawyer, David Foster, argued that the arresting officer didn’t follow protocols for field sobriety tests and that signs of impairment by Martinez could have been from a head injury sustained in the crash. 

During their closing arguments, prosecutors from the Attorney General’s Office argued that police lapel camera footage showed Martinez struggling with the sobriety tests and admitting that he had at least two alcoholic drinks that night. 

In that footage Martinez was inconsistent on how much he had to drink and about the type of drinks he had. Martinez refused any sort of breath test, and replied, “I can’t believe you’re doing this to me,” when the officer asked for his consent. Prosecutors argued that comment was a “consciousness of guilt.” 

“No one is above the law, not even a senator, not even this defendant,” one prosecutor told the judge. 

In his closing arguments, Foster criticized police for not following protocol and for inconsistencies in their reports. 

“How can you believe anything [the arresting officer] is saying?” Foster asked. 

He also criticized prosecutors for pointing out a dark spot on Martinez’s shorts that can barely be seen in the police footage. During the first day of trial, prosecutors argued that the dark spot was urine and a sign that Martinez was too intoxicated to drive a car.

Senate rejects repealing currently unenforceable anti-abortion law

Eight Senate Democrats joined with Republicans Thursday evening to defeat a measure that would have removed a currently non-enforceable ban on abortion. State Representatives Joanne Ferrary, D-Las Cruces, and Georgene Louis, D-Albuquerque, sponsored House Bill 51. which would repeal a 1969 state law which made both performing and receiving an abortion fourth-degree felonies, except with special permissions. The law is currently unenforceable because of the landmark Roe v. Wade U.S. Supreme Court decision which federally recognized the right to have an abortion. “We’re terribly disappointed,” Ferrary said.

Senate panel favors smaller minimum wage hike

A Senate committee on Tuesday snubbed Gov. Michelle Lujan Grisham’s call to raise New Mexico’s minimum wage to $12 an hour over the next several years, advancing instead a more modest bill backed by business groups. Dueling proposals for increasing the wages of New Mexico’s lowest-paid workers collided in a packed hearing of the Senate Corporations and Transportation Committee. After a flurry of changes, the committee ultimately advanced a measure that would raise the wage over time, topping out at all $11 an hour in 2021. While not far off from a minimum wage increase backed by the governor and approved by the state House of Representatives, the proposal omits a key provision to adjust the minimum wage annually in the future based on the rising cost of living. And the committee’s vote, in turn, reflected resistance in the Legislature’s upper chamber to some of the newly elected governor’s agenda.

Legislative committee recommends $7 billion budget for N.M.

Top lawmakers on Monday rolled out a proposed $7 billion state budget that would include a whopping $600 million for public works projects around New Mexico as the government’s coffers swell with a windfall of revenue from an oil and gas boom. The Legislative Finance Committee’s proposed budget would mark almost an 11 percent increase in spending by the state. That is less than what Gov. Michelle Lujan Grisham has proposed in her own version of the state budget, which would raise spending by about 13 percent. But as lawmakers prepared to convene Tuesday for a 60-day legislative session, leaders indicated they are not far off from an agreement with the new governor when it comes to some spending on the issue that is sure to dominate the agenda: education. Faced not only with a judge’s order to come up with ways of improving education for many of the state’s most vulnerable students but also with a bright financial outlook in the short-term, legislators echoed Lujan Grisham’s own call to greatly increase funding for New Mexico schools.