Bill to teach ‘yes means yes’ during sexual activity clears House Chamber

A bill to ensure New Mexico children are taught affirmative consent – that affirmative consent is necessary before and during sexual activity – during their mandatory health class passed the House Chamber 49-12. HB 43, Affirmative Consent Policy in the Schools, will require the health class taught in either eighth grade or high school in New Mexico public and charter schools to include a discussion of affirmative consent. House Rep. Liz Thomson, a Democrat from Albuquerque, and one of the bill’s sponsors, said while presenting the bill that “yes means yes,” as a shorthand way of describing what the bill, if enacted, would require the health class to teach. There is also a section of the bill that would require institutions of higher education to include trauma-informed policies that meet an affirmative consent standard. Thomson said she’s heard from many adults, both men and women, who have said they wished they had heard this information years ago.

Bill to eliminate GRT on early childcare centers passes first committee

The House Education Committee unanimously passed a bill that would eliminate the Gross Receipts Tax on small business owners operating early childcare centers. HB 137, GRT Deductions for Child Care Assistance, will, if enacted, eliminate the 8 percent to 9 percent GRT that early childcare centers are required to pay on children who qualify for state assistance. State Rep. Micaela Lara Cadena, a Democrat from Mesilla, sponsored the bill and she called the bill an equity issue as most early childcare centers are operated by women of color. Cadena said that early childcare centers that serve Children Youth and Families Department contracts “have to pay GRT on those same contracts and reimbursement rates.”

“We hold providers to really high standards. We expect them to meet those same outcomes, have the same quality of care and we expect them to meet that with 8 percent or more less revenue.

New Mexico legislators meet with White House officials over abortion

With the U.S. Supreme Court decision on Dobbs v. Jackson Women’s Healthcare a few weeks away, White House officials held a conference call with New Mexico legislators and others about the impending reproductive healthcare crisis. House Majority Leader Javier Martinez of Albuquerque, state Rep. Micaela Lara Cadena of Mesilla and state Sen. Shannon Pinto of Tohatchi, all Democrats, participated in the call with White House Gender Policy Council Director Jennifer Klein and  White House Intergovernmental Affairs Director Julie Chavez Rodriguez earlier this week. After the Texas six-week gestational ban went into effect last September, some clinics in New Mexico, Colorado and Nevada experienced a 500 percent increase in patients, according to the White House statement. Martinez told NM Political Report that specific policy issues did not come up during the call but said that “we talked about making sure we will provide access to reproductive health services.”

“New Mexico stands with women and New Mexico respects reproductive justice and it will be a beacon of hope for women across the country. It is our responsibility as state legislators to make sure it happens,” he said.

Bill would require courts to assess ability to pay when imposing fines

A bill that would require courts to consider people’s ability to pay when imposing fines and fees and allow more ways for defendants to settle court debts has cleared the House of Representatives and is headed to the Senate for discussion. House Bill 81 would require courts to assess a person’s ability to pay before imposing fines for a conviction and would allow cost exemptions for people who are declared indigent. Rep. Micaela Lara Cadena, D-Mesilla, the legislation’s sponsor, said the measure makes sense in part because of money wasted in an attempt to collect fines and fees from people who can’t pay. “In several court systems in New Mexico, we are spending a lot of tax dollars to chase down money New Mexicans frankly don’t have to begin with,” she told lawmakers during a recent hearing before the House Judiciary Committee. In Bernalillo County, for example, the government spent $1.17 on collection efforts for every $1 collected in fines, Cadena said in an interview Thursday.

Historic abortion ban repeal one signature away from becoming law after it passes House

The bill that would repeal a state statute that criminalizes abortion care in New Mexico is now headed to Gov. Michelle Lujan Grisham’s desk after the House of Representatives passed it on a 40 to 30 vote. This is a priority bill for Lujan Grisham and she has indicated that she would sign it into law. 

The House of Representatives took up SB 10 instead of HB 7, which are mirror bills. SB 10 already passed the state Senate by a vote of 25 to 17 on February 12, and was amended to clarify the bill’s title. Each chamber must pass identical legislation before it can be sent to the governor. Related: In historic turn, state Senate passes abortion ban repeal

Just as during the Senate floor debate, Republicans in the House attempted to amend the bill and argued for hours over keeping the section of the law that is considered by some healthcare workers as a refusal clause.

Bill to repeal old abortion ban headed to House floor

The bill to repeal the antiquated abortion ban is now one step from heading to the governor’s desk. SB 10, which was amended in the Senate, passed along party lines in an 8 to 4 vote Monday in the House Judiciary Committee. State Sen. Peter Wirth, D-Santa Fe, amended the bill on the Senate floor Thursday to add the names of the sections the bill would repeal for clarity. Related: In historic turn, state Senate passes abortion ban repeal

Otherwise, SB 10 is a mirror bill to HB 7, which is already on the House floor agenda. The House convenes again Tuesday at 11 a.m.

Daniel Marzec, communications director for the Office of the Speaker Brian Egolf, said by email Monday that the House would not hear HB 7 on Tuesday, the next day that the House is scheduled to meet on the House floor.

In historic turn, state Senate passes abortion ban repeal

Two years after a group of conservative Democrats, along with  Republicans voted against  decriminalizing abortion care, the state Senate passed SB 10 Thursday, 25 to 17. SB 10, sponsored by state Sen. Linda Lopez, D-Albuquerque, is called the Respect New Mexico Women and Families Act and has a mirror bill, HB 7, sponsored by Rep. Micaela Lara Cadena, D-Mesilla. The two bills remove three sections from the criminal code which, in 1969, banned abortion with some limited exceptions. The law has repeatedly been called archaic and advocates for its repeal said it included language contrary to how medicine is currently practiced. While the law is currently unenforceable, reproductive rights advocates have said that given the conservative bloc on the U.S. Supreme Court, Roe v. Wade could be gutted in the next few years.

Bill to end private detention facilities in the state passes House Judiciary but may face uphill battle

A lively debate in the House Judiciary Committee around a proposal for New Mexico to stop renewing contracts with private detention centers ended with one Democrat voting against the bill, along with all Republicans, but it passed 7 to 5. HB 40, the Private Detention Moratorium Act, would phase out the state’s reliance on private companies to house its prison population within 3 to 5 years. New Mexico incarcerates more people per capita than any other state and, disproportionately, the people housed are Black and Latino, advocates for the bill have said. But House Rep. Eliseo Lee Alcon, a Democrat from Milan and a former magistrate judge, voted against the bill. He said he used to work in the state prison system and he questioned whether people housed in public detention centers are really better off.

Bill to decriminalize abortion heads to the House floor next

The swift-moving bill to decriminalize abortion care heads next to the House floor after passing the House Judiciary Committee 8 to 4 Friday. HB 7, sponsored by state Rep. Micaela Lara Cadena, D-Mesilla, passed along party lines after a three-hour long committee meeting devoted solely to the bill. State representatives on both sides of the aisle repeatedly thanked one another for a respectful debate despite ideological differences on the issue. The arguments both for and against the bill that will, if passed, repeal a statute that banned abortion in 1969 except under very special circumstances, have remained the same throughout the process. HB 7 will not change the way abortion care is performed currently but many members of the public who are against the bill continue to express fear that medical care providers will be forced to perform abortions despite their personal moral convictions.

Bill to decriminalize abortion passes House committee

The House Health and Human Services Committee approved a bill that would decriminalize abortion by a vote of 8 to 3, including one Republican who crossed the aisle. State House Rep. Phelps Anderson, a Republican from Roswell, sided with the seven Democrats on the committee who voted yes to HB 7. Just before the bill went to vote, Anderson expressed some of his views. “Many people who have spoken to me have expressed strong opinions but I find myself saying I’m not sure one voting yes or no changes anything that is very important to me and, secondly, the issues that have been raised are not encompassed within this bill,” Anderson said. HB 7 will, if it passes the full New Mexico Legislature, repeal a law written in 1969.