News

Legislature expected to consider Paid Family & Medical Leave bill in 2023

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A bill likely to come before the New Mexico Legislature next session will be another run at passing a state-run Paid Family and Medical Leave program into law but in 2023, the program will have some concessions to businesses as well as new expansions. Tracy McDaniel, policy advocate for Southwest Women’s Law Center, said a bill is expected to be introduced in  the 2023 legislative session. A Paid Family and Medical Leave bill failed in the 2020 and 2021 Legislatures. The 2022 Legislature passed a Senate Memorial to create a task force that would deliver a report on the issue and arrive at some compromises with the business community. A Paid Family and Medical Leave bill would provide up to 12 weeks of paid time off for employees who request it for a serious medical condition, caring for a family member with a serious medical condition or welcoming a new child.

Angelica Rubio

New Mexico’s Paid Sick Leave law goes into effect

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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.

Voting Rights Provisions bill

Voting rights expansion clears first hurdle

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The Voting Rights Provisions bill, which would expand voting rights and access in New Mexico, passed the Senate Rules Committee hearing by party line vote of 7-4 Monday morning after a contentious, nearly nine hour hearing on Friday. SB 8, sponsored by Majority Leader Peter Wirth, D-Santa Fe, would expand voting rights in a number of ways, including improving voting access for Native Americans and allowing formerly incarcerated individuals to vote upon release from prison. Currently, formerly incarcerated individuals can register to vote after they complete parole or probation but many face hurdles even after eligibility. Related: Advocates hopeful voting rights legislation will help break down barriers for the formerly incarcerated

The bill would also make voter registration automatic when an individual registers for a license with the New Mexico Department of Motor Vehicles. Anyone who would not wish to be registered could opt out, election officials have said.

Brian Baca

A memorial to study paid family medical leave impacts goes to House floor next 

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A memorial that is part of a longer strategy to introduce a bill in next year’s legislature for paid family and medical leave passed 7-2 largely along party lines in the House Labor, Veterans and Military Affairs Committee. House Memorial 3, sponsored by state House Rep. Linda Serrato, D-Santa Fe, asks for a $160,000 appropriation to establish a task force comprised of 16 stakeholders to study the effects of paid family and medical leave in the state. The New Mexico Department of Workforce Solutions would oversee the task force. If a paid family medical leave bill is introduced and passed and signed in 2023, the implementation of the law would fall under the Department of Workforce Solutions, Tracy McDaniel, policy advocate for Southwest Women’s Law Center, told NM Political Report. Creating paid family medical leave in the state is an equity issue because women of color often live in multi-generational households, she said.

News

Senate Judiciary committee hears crime presentation

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Incarcerating more people won’t cut down on the state’s rising rate of violent crime, a longtime New Mexico trial lawyer told legislators looking for a solution. 

Randi McGinn of Albuquerque, who has worked as both a prosecuting attorney and public defender for over 40 years, spoke to the Senate Judiciary Committee on Friday about proposed changes to the state’s pretrial detention system for defendants accused of violent crimes and other measures touted by the governor and Democratic lawmakers who have taken a tough-on-crime stance to tackle what many see as an out-of-control problem. McGinn instead urged the committee to invest money in New Mexico’s judicial system, which she said is underfunded and understaffed. As a result, she said, police in the state arrest about 10,000 people a year, but prosecutors charge only 3,000 of them and judges hear only 1,000 cases. 

She pointed to the fiscal impact report for a bill that would alter New Mexico’s pretrial detention system — putting the burden on a defendant to prove they aren’t likely to commit further violence if they are released from jail while awaiting trial, rather than requiring prosecutors to prove the defendant poses too high a risk to be released. The report estimates it would cost $13.8 million annually to detain up to 1,262 more defendants until their trials. McGinn said lawmakers should instead invest that money “in the courts, in the district attorneys and public defenders and the Albuquerque Police Department.”

News

2022 Legislative session preview

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Budget? What budget? Though 30-day sessions are specifically designed for lawmakers to create and approve a financial blueprint for the next fiscal year, the state’s growing crime problem, public education woes and continuing efforts to battle the pandemic likely will take center stage when the New Mexico Legislature goes into action Tuesday afternoon. With more than $1 billion in new revenue, plus additional federal pandemic relief funds to distribute, the 2022 session won’t be a battle over crumbs, but more likely a tug-of-war of ideas and ideals as Gov. Michelle Lujan Grisham and many members of the Legislature prepare to run for re-election in November. In all, New Mexico’s budget will approach $8.4 billion to $8.5 billion in fiscal year 2023.

Debra Sariñana

Former legislator seeks appointment to vacant state House seat

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Idalia Lechuga-Tena announced on Friday she is seeking appointment to House District 28 amidst a growing list of women interested in the seat vacated by U.S. Rep. Melanie Stansbury. Bernalillo County Commissioners meet at 4 p.m. Tuesday in a special meeting to decide who will replace Stansbury. Bernalillo County Commissioners appointed Lechuga-Tena in 2015 to represent House District 21. At that time, she replaced state Sen. Mimi Stewart. But Lechuga-Tena moved into HD 21 just days before her appointment in 2015, though she owned another home in another district.

Department of Health

NM Senate leadership clears senator of ethics violation allegation

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A dust-up between an outspoken New Mexico state senator and a state cabinet secretary over ethics related to cannabis legislation has come to a resolution, at least temporarily. 

According to a letter from Senate leadership last month, sent to New Mexico Department of Health Secretary Tracie Collins, there will be no legislative investigation of Sen. Jacob Candelaria, D-Albuquerque, over his professional involvement with a prominent medical cannabis business.  

In the letter, sent on May 19, Senate President Pro Tem Mimi Stewart, D-Albuquerque, wrote that she, Senate Majority Leader Peter Wirth of Santa Fe and Senate Minority Leader Greg Baca of Belen determined there was no reason for the Interim Legislative Ethics Committee to investigate the issue further. 

“I convened a meeting with Senators Wirth and Baca to review and deliberate the allegations and other information contained in your complaint and in the State Ethics Commission’s dismissal and referral,” Stewart wrote. “After our extensive evaluation, we have determined that the complaint and information did not warrant further investigation by the Interim Legislative Ethics Committee, and therefore the complaint is dismissed.”

Four days after this year’s regular session and six days before a special session, Collins filed an ethics complaint with the newly formed State Ethics Commission, alleging that Candelaria  violated the state Governmental Conduct Act by voting on a bill that would have limited medical cannabis patient reciprocity. Candelaria, who is also an attorney, represented medical cannabis producer Ultra Health months prior, challenging DOH over the same issue. 

In September 2020, the Medical Cannabis Program, which is overseen by DOH, issued a directive that medical cannabis reciprocity only applied to patients with authorization from their respective home state to use medical cannabis. The department was attempting to close what it saw as a loophole in which Texas residents reportedly received recommendations from doctors in California and then crossed state lines to buy medical cannabis in New Mexico. By October 2020, Candelaria, on behalf of Ultra Health, successfully petitioned a state judge to overrule the department’s emergency rule change.

Christine Chandler

Guv signs two health-related bills that advance equity, say advocates

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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.

Quick Reads

Governor signs Environmental Database Act

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Gov. Michelle Lujan Grisham signed legislation Wednesday that will make it easier for the public to access environmental data. HB 51, the Environmental Database Act, will lead to the creation of a map-based database hosted and managed by Natural Heritage New Mexico, which is a division of the Museum of Southwestern Biology at the University of New Mexico. The information that will be included in the database is already available through seven New Mexico agencies. However, the database will put all the information in a single user-friendly location. Related: Environmental Database Act aims to increase transparency for publicly-available state data

This includes information about waterways, the location of oil and gas wells and rates of childhood asthma.