A bill that would amend the New Mexico Human Rights Act to make clear that public bodies and state agencies are subject to its provisions passed unanimously in committee hearing Saturday. HB 192 is sponsored by House Rep. Brittany Barreras, an independent from Albuquerque who caucuses with the Democrats. Called the Extend Human Rights Act to Public Bodies, the bill passed the House Local Government, Land Grants and Cultural Affairs unanimously. Barreras and co-sponsor Rep. Angelica Rubio D-Las Cruces, amended the bill to modernize the language and change “handicapped” to “disabled” and clarified that public agencies would not have to change programmatic focus under the bill. Marshall Martinez, interim executive director of Equality New Mexico, said this bill, if made law, would bring greater clarity to the New Mexico Human Rights Act.
The New Mexico State Legislature passed a COVID-19 relief bill that would provide over $300 million in relief provided by the federal CARES Act in a very short special session that lasted less than eight hours. The bill included $194 million to provide $1,200 for those who qualify for unemployment and lost work because of the pandemic. It also would provide $100 million in grants to local small businesses and nonprofits, with smaller amounts to provide aid for rent and mortgage payments, money for COVID-19 testing, contact tracing and vaccine rollout and money for households that did not receive federal stimulus money earlier this year. Update: Lujan Grisham signs COVID-19 relief package into law
The bill ultimately passed with widespread majorities in both the House and Senate, though many legislators voiced concern about the proposal and said they wished they had more input. Only one amendment to the introduced legislation passed, one that would include 501(c)8 organizations to be eligible for funds.
When the New Mexico Legislature passed the 1969 law on abortion, it was the least restrictive version of the state’s previous abortion laws, but one advocates say would be too restrictive if it goes back into effect. Since U.S. Supreme Court Justice Ruth Bader Ginsburg’s death on September 18, and President Trump’s nominee of conservative Judge Amy Coney Barrett, there is a heightened concern that Roe v. Wade could be overturned in the immediate future. If that happens before the state’s 1969 abortion law is repealed, the state could turn back the clock to the 51-year-old law. An attempt to repeal the 1969 law failed in the state Senate in 2019. Related: Senate rejects repealing currently unenforceable anti-abortion law
If it were to become the state’s law, enforcement would be a matter for each individual district attorney’s office, said Matt Baca, chief counsel for the state’s Attorney General Hector Balderas.
Just as the New Mexico Legislature passes a new budget that will cut 0.6 percent out of the school budget for the next fiscal year, a newly released report shows that New Mexico is, again, at the bottom for child well being. The Annie E. Casey Foundation, a private philanthropic organization focused on children, released its annual report this week on child well being and ranked New Mexico as 50th in the nation. James Jimenez, executive director for the nonprofit New Mexico Voices for Children, said New Mexico has ranked near the bottom for “a very long time,” but came to the lowest ranking in 2013 and has been there “for a few years.”
“It’s a reflection of the fact that despite what people say, that kids are our most precious asset, it’s not true in the way we invest our money in state and local government,” Jimenez said. Last week the state passed a revised state budget for fiscal year 2020-2021 that will cut 0.6 percent from the school budget despite cries from some school superintendents and advocates that this will be detrimental and will put the state in a position where it cannot live up to the requirements of the Yazzie-Martinez lawsuit, which said the state did not provide adequate education for students. Related: Superintendents: Proposed cuts to education will worsen racial and economic inequity
Gov. Michelle Lujan Grisham is expected to sign the solvency budget, though she can veto by line-item.
Next January marks the beginning of the New Mexico’s 30-day legislative session, which will largely focus on budget issues, including how much money state departments, local governments and courts will get. Given Albuquerque’s high crime rate, the 2nd Judicial District Attorney’s office and its funding will likely be under scrutiny by legislators. A preview of that scrutiny came in the form of a letter in October from the head of the House committee in charge of the budget and the Speaker of the House, to 2nd Judicial District Attorney Raul Torrez.
The October letter asked Torrez to detail how he spent the more-than-$6-million in appropriations his office received almost two years ago. In a Legislative Finance hearing earlier this week, Torrez told lawmakers a misunderstanding in how to word the request for money resulted in about $1.7 million of a $2 million special appropriation inaccessible to his office. In an almost 50-page report, Torrez told the LFC that it wasn’t until August of this year that his office realized that a “budgetary technicality” regarding recurring funds left most of the special appropriation effectively unusable.
“We reached out to our analyst and we were specifically told that the language was not necessary,” Torrez told the panel.
During the 2018 legislative session, Torrez asked the Legislature to appropriate $4.1 million with an additional $2.5 million to help fund a pilot program called the Crime Strategies Unit (CSU) for better tracking and analysis.
Sitting before the state legislature’s interim committee on radioactive and hazardous materials, Walter Bradley told lawmakers to look at a red dot on a colored map provided to each member.
“That red dot is a $20 million dairy facility that is now worth zero,” Bradley, who handles government and business affairs for Dairy Farmers of America, told committee members. “There’s no money, [the farmer] can’t sell his milk, he can’t sell his cows, he’s completely bankrupt. That dot is right next to the Cannon Air Force Base fire training facility.”
Bradley, who was Lieutenant Governor under Gary Johnson, spoke alongside Stephanie Stringer, director of New Mexico Environment Department’s (NMED) resource protection division, to give the interim committee an update on the PFAS contamination issues in the state before the next legislative session.
PFAS, or per- and poly-fluoroalkyl substances, are toxic, human-manufactured chemicals that can move through groundwater and biological systems. Human exposure to PFAS increases the risk of testicular, kidney and thyroid cancers as well as other severe illnesses. The chemicals were used in firefighting foam in military bases across the country, including at Cannon and Holloman Air Force Bases, until 2016. The Air Force began investigating PFAS discharges across its installations in 2015, and the chemicals were detected in 2018 in groundwater at Cannon Air Force Base, located west of Clovis and at Holloman Air Force Base, located west of Alamogordo.
Some state lawmakers are ready to remove school districts’ discretion over how medical cannabis is administered to students who are medical cannabis patients.
The issue of how and when approved students can get their medicine has been divisive and controversial at times. But this year New Mexico became one of about a dozen states to allow some students to consume cannabis at school. Unlike other states, New Mexico’s law left some decisionmaking up to school districts. That local control has stirred additional controversy and caused some confusion amongst lawmakers. Some of those lawmakers say school districts abused that privilege.
State law allows districts to come up with their own policies for medical cannabis, including limitations on who administers the medical cannabis.
Attorneys for Gov. Susana Martinez argued to the New Mexico Supreme Court that a legal challenge of her sweeping line-item budget vetoes should be dismissed. At a minimum, her lawyers argued last week, the case should be postponed until an upcoming special legislative session is complete. In response to a motion filed by the Legislative Council last month, Martinez’s lawyer Paul Kennedy argued that the governor did not exceed her power as governor when she vetoed the entire budgets for the Legislature and higher education. Kennedy, who has a high dollar contract with Martinez’s office, challenged the Legislature’s notion that the governor cannot legally veto two entire budgets. Related story: Gov’s office cites complex questions from reporters, busy schedule as defense in lawsuit
“The question presented is whether, during the bill-review period following a regular session of the Legislature, the Governor can veto items pertaining to the Legislature and state educational institutions in a general appropriations bill for the subsequent fiscal year without violating the principle of separation of powers,” Kennedy wrote.
Gov. Susana Martinez announced Tuesday her proposal to balance the state budget, which involves moving $268.5 million from various state agencies. “This is a responsible budget that reduces the size of government while at the same time protects the progress we’ve made in diversifying our economy, reforming our education system, and keeps our communities safe,” Martinez said in a press release. The proposal includes taking $120 million from public education in funds that Martinez’s press release referred to as “slush funds.”
Sen. John Arthur Smith, D-Deming, told NM Political Report that the proposal is a “starting point for negotiation purposes,” but that real discussions will happen in committee meetings once the legislative session begins next week. Smith, a fiscal conservative, also criticized Martinez’s proposed sweep from public schools. “I’m not as harsh on education as she is,” Smith said.
A candidate for the state House of Representatives will have to answer questions about one of her former employees who pleaded guilty to raping one child and molesting another, according to a ruling by a district judge. The ruling comes after Rebecca Dow, a Republican looking to win election to a House seat in Truth or Consequences, allegedly stonewalled the mother of one of the two child victims from seeking information about the employee who molested her child. That employee, Alejandro Hernandez, worked for the Sierra County chapter of the Boys and Girls Club. He is now serving a six-year prison sentence for harming both children. Dow is president and founder of Sierra County Boys and Girls Club as well as the president and CEO of AppleTree Educational Center in Truth or Consequences.