On Saturday, March 20 at 12:00 noon, the 2021 New Mexico Legislative session became history. Upwards of 110 pieces of legislation were passed by both the House and Senate. Governor Lujan Grisham will have until April 9 to act on the legislation.
This blog article highlights those bills that passed and failed and that are considered the major highlights of the session.
SUMMARY OF BILLS PASSED
2021-2021 BUDGET ENACTED
On March 19, just one day before the New Mexico legislature adjourns, 19, the legislature enacted a 7.4 billion state budget is will be sent to Governor Lujan Grisham for approval. The Governor does have line-item veto power and it may be exercised as she sees fit.
The state government will increase spending by 4.8 percent, or $373 million. The proposed $7.4 billion budget passed both chambers in the final days of the session and is now headed to the governor. Upwards of half of the $7.5 Billon dollar budget will go towards public education. $110-million will be spent to extend the school year by ten days with an additional $120-million for kindergarten to fifth-grade programs to add 25 extra school days to make up for lost learning time.
Part of the budget will be used to increase the governor’s Opportunity Scholarship, which helps provide funding for tuition at two-year universities, to $18-million. An additional $35-million will head towards addressing the needs of Native student’s education.
Lawmakers appropriated about $1.6 billion from the federal American Rescue Plan to help with lost revenue and put about $600-million towards replenishing the state’s unemployment fund. Along additional coronavirus relief plan financing, the state budget spends $400-million in one-time spending for economic recovery.
Overall, the budget increases spending compared to fiscal year 2021 by 4.9%, or $378-million. The budget provides for cash reserves at $1.7 billion, or about 24% of current spending.
Once signed, the budget will take effect from July 1. 2021 to June 30, 2022.
https://www.krqe.com/news/politics-government/legislature/new-mexico-lawmakers-send-7-4b-budget-to-governor/
PANDEMIC RELIEF MEASURES
On Friday, February 26, Governor Lujan Grisham signed into law House Bill 11 the long-anticipated pandemic relief measure. It authorizes $200 million in small business loans. Qualifying businesses that have no more than 75 employees will be able to secure up to $100,000 in funding. A separate pandemic recovery bill providing $600 rebates to low-income workers and enacting a four-month tax holiday for restaurants and breweries is also on its way to Lujan Grisham’s desk for final approval after being approved Wednesday by the House. Thus far, the 2021 New Mexico Legislature have enacted bills authorizing upwards of $400 million in state spending on pandemic relief measures.
On March 3, the Governor signed Senate Bill 3 called the Small Business Recovery Act. The bill will provide more than $460 million in low-interest relief loans. It would also make it easier for small and medium-sized businesses to receive up to $75,000.
GRT AND PERMANENT FUNDS FOR LEDA PROJECTS
On February 26, the Governor signed House Bill 11 will provide $200 million from the state general fund gross receipts tax revenues to thousands of businesses that experienced income declines in 2020. The bill provides for individual grants of up to $100,000 without repayment to businesses for the reimbursement of rent, lease or mortgage obligations on property located in New Mexico.
Among the guidelines:
Businesses must be operating in New Mexico with fewer than 75 employees per location;
Businesses must demonstrate a loss of revenue for at least one quarter between 2019 and 2020;
Funding must be used for reimbursement of rent, mortgage or lease obligations;
The grant must be accompanied by job creation for each quarter prior to one of the quarterly payments; and
The grants will be paid out in quarterly installments.
TAX PACKAGE
On Friday March 19, a proposal to expand and reshape two New Mexico tax breaks for low-income workers won final approval. The bill expands the tax benefits offered by the Low Income Comprehensive Tax Rebate and the Working Families Tax Credit. The tax credit will be expanded to allow an estimated 41,600 New Mexicans between the age of 18 to 24 to qualify. And it would expand the tax benefit to immigrant workers who are not U.S. citizens.
The Senate voted 40-0 to approve the tax package after rejecting GOP-backed attempts to tack on provisions exempting Social Security benefits from taxation and partially reinstating a tax on food items. The House then voted to send the bill to Gov. Michelle Lujan Grisham’s desk for final consideration, signing off on changes made during the Senate committee process.
In its initial form, the tax package also called for a new top personal income bracket of 6.5%, which was up from 5.9% under current state law. But that provision, along with other proposed tax increases, was scrapped by the Senate Finance Committee earlier this week.
Without the tax increases, the more generous tax credits would cost the state an estimated $70 million annually. The $70 million price tag will be set off with the enactment of the state’s $7.4 billion budget and Covid federal relief approved for the states.
Meanwhile, the attempt by Senate Republicans to add the Social Security tax benefit exemption came after several standalone bills on the issue failed to get any traction during this year’s session.
https://www.abqjournal.com/2371658/pared-back-tax-package-nears-roundhouse-finish-line.html
UNEMPLOYMENT BENEFITS EXTENDED
On March 17, the Governor signed Senate Bill 52 extending unemployment benefits. SB 52 is a technical adjustment to the state unemployment benefit statute that accommodates changes to federal requirements that have come about as a result of pandemic-related unemployment programs.
MINIMUM WAGE FOR SECONDARY SCHOOL STUDENTS
On March 18, the Governor signed Senate Bill 35 which provides that minimum wage for all high school-aged workers to make the state’s $10.50 an hour minimum wage instead of their current $8.50 an hour. Many argued it was unfair to pay kids less for the same work while others said the lower wage gave school age workers a better chance to enter the workforce.
RESTAURANT GROSS RECEIPT TAX DEDUCTION
On March 3, the Governor signed Senate Bill 1 which provides a short gross receipts tax break for businesses like restaurants, breweries, food trucks and wineries for four months in 2021. Businesses would be able to pocket that sales tax money while the state would reimburse local government for the loss of that tax revenue. The bill will create a $600 income tax credit for people earning less than $31,200 a year who are also claiming the working families tax credit.
PAID SICK LEAVE
House Bill 20, known as the Healthy Workplaces Act, calls for paid sick leave to be a right and not a privilege. Under House Bill 20, which passed on March 20, the state would require businesses to provide sick leave for their employees. The bill states the longer the employee has been with the company, the more time off they will accrue.
Under the bill, private employers in the state will be required to provide workers at least one hour of paid sick leave for every 30 hours they work, or 64 hours per year. House Bill 20 was narrowly approved by both the House and Senate.
Supporters of the measure described it as a basic protection for employees, particularly low-wage earners who sometimes have to choose between going to work sick or risk losing their jobs. Opponents argued it would hurt small businesses, particularly those still struggling to get back on their feet after the economic fallout from the coronavirus pandemic.
A legislative fiscal impact report of the bill reported that earned sick leave could be used for any type of personal or family member illness or health condition or medical care, curative or preventive, including to attend school meetings related to a child’s disability and absences connected to domestic violence, sexual assault or stalking of the employee or a family member. The bill also establishes supplemental sick leave during a public health emergency of 80 hours or twice the weekly number of hours for part-time employees.
The bill lists numerous purposes, including ensuring that all employees can address their personal and family health and safety needs and reducing health care costs and promoting preventive health services by enabling employees to seek early and routine medical care. The bill also addresses the concern that many New Mexico employees currently have no access to sick leave.
Employers would be subject to monetary penalties for violating the proposed law. Not at all surprising HB 20 generated opposition from business groups arguing it would create a right to paid sick leave for all employees in New Mexico. Republican lawmakers pushed to exempt employers with fewer than 10 employees.
https://www.santafenewmexican.com/news/legislature/new-mexico-house-passes-paid-sick-leave-bill/article_99ea8da2-7863-11eb-b1c5-e721194a1a9e.html
Nationwide, 15 states already have paid sick leave laws on their books, including neighboring Colorado and Arizona, although many of them exempt small businesses, according to the National Conference of State Legislatures.
The enacted bill will not exempt small employers. It would, in its current form, allow employers that already offer paid leave programs to qualify under the law as long as they meet its minimum terms.
Bernalillo County has adopted a paid sick leave ordinance, although it applies only to unincorporated parts of the county and is not as generous to employees as the proposed statewide law. Albuquerque city councilors have put off a local debate over paid sick leave to see what action lawmakers take during this year’s session.
https://www.abqjournal.com/2371402/paid-sick-leave-bill-passes-senate-amid-turmoil.html
WAIVER OF 2021 LIQUOR LICENSE FEES
On March 9, the Governor signed Senate Bill 2. The legislation will allow the state to waive annual liquor license fees as businesses struggle to rebound amid the pandemic. The governor said the food and beverage industry is a key piece of the state’s economy. Under the legislation, the next annual fee for renewed liquor licenses and for all new licenses issued in this year will be waived.
LIQUOR REFORM
On Wednesday, March 17, Governor Michelle Lujan Grisham signed House Bill 255, which will allow home delivery of alcohol by restaurants. Identification checks will be mandatory for all deliveries. Alcohol delivery permits can be issued to retailers, dispensers, craft distillers, winegrowers, small brewers and restaurant licensees.
Under the new law liquor licenses will be more affordable and accessible for those business owners seeking to obtain one. The bill will also provide a significant tax deduction among other protections for existing license holders in recognition of their investment.
As part of the legislation, the Department of Health is directed to conduct a study of the effects of alcohol delivery in the state in several years. Following revisions in both chambers, the bill also makes licenses more affordable and accessible while providing for a significant tax deduction among other protections for existing license holders to recognize their investment.
The bill lifts the restrictions on alcohol sales that had been imposed on Sundays and prohibits the sale of miniature bottles of liquor for off-site consumption. Additionally, the legislation prohibits wine and spirit sales at gas stations in McKinley County.
The bill was sponsored by members of both parties, led by Sen. Daniel Ivey-Soto and Rep. Antonio “Moe” Maestas, and including Rep. Dayan Hochman-Vigil, Rep. Javier Martinez, Rep. Rod Montoya and Rep. Joshua Hernandez.
Governor Lujan Grisham released the following statement:
“As lawmakers from both parties said over the course of debate, this was an example of productive and creating problem-solving, with well-considered and compassionate and careful arguments made on both sides of a complicated and charged issue. … Like any bipartisan compromise, at the end of the day, most if not all will feel both that they got some of what they wanted and had to give some of what they didn’t.
Ultimately, I side with those who argued that reform, after so many decades, is more than warranted, and that these reforms, in particular, will move us forward as a state – not only by providing an important new revenue stream for the restaurant and hospitality industry but by making this industry more accessible to more New Mexicans while including important safeguards.”
https://www.koat.com/article/gov-signs-bill-allowing-alcohol-delivery-reducing-license-fees-and-lifting-sunday-restrictions/35866439
https://www.kob.com/albuquerque-news/new-mexico-governor-signs-bill-allowing-alcohol-delivery-license-overhaul/6045447/?cat=500
https://www.krqe.com/news/politics-government/legislature/gov-lujan-grisham-signs-liquor-law-reform-bill-allowing-home-delivery-of-alcohol/
https://www.krqe.com/news/education/voters-to-decide-childhood-education-proposal/
CONSTITUTIONAL AMENDMENT FOR EARLY CHILDHOOD PERMANENT FUND
On Thursday, March 18, House Joint Resolution 1 (HJR 1) calling for a constitutional amendment to create a permanent fund for early childhood education programs passed the State Senate.
The bill is considered landmark legislation because it creates a permanent fund for early childhood education. The enactment of the Constitutional Amendment has the potential to transform and expand childhood education programs and provide additional support for K-12 across the state. The funding distribution is from New Mexico’s land grant permanent fund. For years, attempts have been made to dip into the state’s permanent fund which is currently valued at upwards $22 billion for early childhood programs. The Constitutional Amendment will be placed on the ballot as a Constitutional Amendment for the voters to decide its enactment.
As enacted HJR 1 would take an additional 1.25% from the Land Grant Permanent Fund and put it towards child education. The proposal would send an additional $127 million a year for early childhood education programs and an extra $85 million a year for Kindergarten to 12-grade schools. Roughly $33 million would also go to other beneficiaries of the Land Grant Permanent Fund, like the New Mexico Military Institute and the School for the Deaf, just to name a couple. The House has to first agree with some of the changes made before it heads to the voters.
Governor Michelle Lujan Grisham had this to say:
“I know I am not alone in feeling humbled and awe-struck by the transformational potential of today’s action at the Capitol. We are talking about comprehensively uplifting generations – generations – of New Mexican children and families. We are talking about fundamentally changing the historical trajectory of our state. This is a big deal, the big deal.”
State Senator Pete Campos had this to say:
“This bill is about what every child deserves, and that is the best that we can give them so that as they move forward they have a vision and they have purpose, ensuring that their families have a bright future.”
https://www.koat.com/article/landmark-investment-in-new-mexicos-children-passes-senate/35880118
CIVIL RIGHTS ACT ENACTED
On Wednesday, March 16, the House adopted the New Mexico Civil Rights bill HB 4 agreeing with Senate changes on a 41-26 vote and sent it to the governor’s desk. HB 4 enacts a new civil rights act and ends qualified immunity as a defense in state civil courts and allows individuals whose civil rights have been violated to bring a case for remedy in state court. The New Mexico Civil Rights bill sets a cap of $2 million for remedy. There is no cap on damages in civil rights actions brought in federal courts and “qualified immunity” is available.
The original bill was amended to make attorney’s fees subject to judicial review and added that a claimant suing law enforcement must notify the police of the lawsuit within one year after an alleged event occurs. The notice provision was assed so law enforcement could begin recovering records and conducting interviews. The enacted bill allows a potential claim up to three years to be brought to the court. Only an event that occurs after July 1, 2021 is actionable.
https://www.koat.com/article/civil-rights-act-headed-to-governors-desk/35868371
PUBLIC FUNDING FOR JUDICIAL OFFICES
Senate Bill 160 passed making New Mexico the first state to extend public campaign financing to district judges. Since 2008, New Mexico has had a publicly finance system for those running for Supreme Court and Court of Appeals seats public financing since 2008. SB 160 passed the Senate on a party-line 22-13 vote.
The importance of the bill is that it would result in more transparency, reduce the appearance of impropriety of lawyers contributing to judicial campaigns of judges they appear before that gives an impression of a pay-to-play system of justice. To qualify for the public finance, candidates would have to obtain a number of small contributions from voters with the exact figure dependent on the judicial district they were running in.
Candidates for District Judge will get distributions from a public election fund that is financed in part by proceeds from unclaimed property, such as abandoned personal bank accounts and stocks. The amount of public finance candidates received will be based on numbers of registered voters eligible to cast ballots in their races. A fiscal analysis of the bill estimated it could cost $950,000 to provide the public funds to an average number of District Court candidates during an election year.
REPEAL OF 1969 ABORTION BAN
On Friday, February 26, Governor Michelle Lujan Grisham signed Senate Bill 9 repealing the 1969 state statute that criminalized abortion. 1969 law criminalized abortion to end a woman’s pregnancy except in certain circumstances, such as rape and incest. The 1969 state statute has not enforced been in the state due to the United States Supreme Court’s decision in Roe v Wade in the 1970s, which legalized abortion nationwide.
The repeal of the 1969 law was necessitated by the fact the repeated attempts have been made over the years to have the United States Supreme Court reverse the decision of Roe v Wade. With the appointment of 3 very conservative supreme justices over the last 4 years, the reversal of Roe v. Wade is becoming more and more likely by the Supreme Court, in which case New Mexico’s 1969 law would again become law in the state.
AID IN DYING
House Bill 47 called the “End-of-Life Options Act” passed both the Senate and House and the Governor has said she will sing it. It allows terminally ill patients of sound mind to ask a physician to prescribe drugs to help them die, led to impassioned arguments. Proponents said people should have the right to a peaceful death, while opponents said life should be respected and raised concerns about misuse. Previous attempts to pass such legislation failed. , but this year’s effort made it across the finish line. The governor has said she will sign it.
https://www.abqjournal.com/2370378/lawmakers-send-aid-in-dying-bill-to-lujan-grisham.html
NEW MEXICO TRAPPING BAN
On Thursday, March 18, the New Mexico House voted 35-34 in favor of Senate Bill 32, a proposal to ban traps, snares and wildlife poisons on public land. Three hours of intense debate that touched on ranching, outdoor recreation and animal cruelty. The proposal has already passed the Senate on a 23-16 vote and it now goes to Governor Michelle Lujan Grisham for her signature to become law. If signed by the Governor, the bill would go into effect April 1 next year.
The measure is called “Roxy’s Law” after a dog strangled to death by a snare during a 2018 hike. Senate Bill 32 was described by supporters as a commonsense step that would prevent the suffering of pets caught or killed in traps and snares. If signed into law, it will be illegal to use a trap, snare or wildlife poison “for purposes of capturing, injuring or killing an animal on public land.” The bill has exceptions for Native American ceremonies and ecosystem management by government agencies. Cage traps would also be permitted in some circumstances.
Opposition to Senate Bill 32 was strong by the ranching community arguing that traps are a reasonable way to manage predators. Cattle for example can be captured and then fall prey to wild predators such as coyotes. According to Animal Protection Voters and Wild Earth Guardians, during the current trapping season, at least nine dogs have been caught in privately set traps and snares on public land.
https://www.abqjournal.com/2371274/lawmakers-take-up-trapping-ban-for-public-lands.html
CAPITAL OUTLAY AND TRANSPARENCY ON INFRASTRUCTURE FUNDING
Dozens of infrastructure and other projects around the state will receive a combined $517 million in capital outlay funding under House Bill 285. Under House Bill 55, The Legislature would be required to publish a searchable database showing how each lawmaker spends capital outlay dollars.
The goal of House Bill 55 is to bring transparency to the state’s process for funding public infrastructure projects, passed the Senate 40-0 and passed the House 65-1 and the Governor is expected to sign it.
Think New Mexico has been advocating for making the state’s capital outlay system more transparent ever since we published our 2015 report, which called for overhauling the way New Mexico funds infrastructure projects. Two years ago, legislation that would have disclosed the legislative sponsors of every capital outlay appropriation passed the House but failed by just a handful of votes in the Senate. Last week, we were given 1,000 to 1 odds of passing House Bill 55 this year.
As New Mexico In Depth wrote, when the bill is signed into law, the public will finally be able to see “how individual lawmakers spend millions of dollars in most years — a far cry from the secrecy that has surrounded such decision making at the Roundhouse for as long as people can remember.”
PAID SICK LEAVE
House Bill 20, known as the Healthy Workplaces Act, calls for paid sick leave to be a right and not a privilege. House Bill 20 was narrowly approved by both the House and Senate.
Under the bill, private employers in the state would be required to provide workers at least one hour of paid sick leave for every 30 hours they work, or 64 hours per year. The bill provides that the longer the employee has been with the company, the more time off they will accrue.
Supporters of the measure described it as a basic protection for employees, particularly low-wage earners who sometimes have to choose between going to work sick or risk losing their jobs. Opponents argued it would hurt small businesses, particularly those still struggling to get back on their feet after the economic fallout from the coronavirus pandemic.
A legislative fiscal impact report of the bill reported that earned sick leave could be used for any type of personal or family member illness or health condition or medical care, curative or preventive, including to attend school meetings related to a child’s disability and absences connected to domestic violence, sexual assault or stalking of the employee or a family member. The bill also establishes supplemental sick leave during a public health emergency of 80 hours or twice the weekly number of hours for part-time employees.
The bill lists numerous purposes, including ensuring that all employees can address their personal and family health and safety needs and reducing health care costs and promoting preventive health services by enabling employees to seek early and routine medical care. The bill also addresses the concern that many New Mexico employees currently have no access to sick leave.
Employers would be subject to monetary penalties for violating the proposed law. Not at all surprising HB 20 generated opposition from business groups arguing it would create a right to paid sick leave for all employees in New Mexico. Republican lawmakers pushed to exempt employers with fewer than 10 employees.
https://www.santafenewmexican.com/news/legislature/new-mexico-house-passes-paid-sick-leave-bill/article_99ea8da2-7863-11eb-b1c5-e721194a1a9e.html
https://www.krqe.com/news/politics-government/legislature/roundhouse-roundup-paid-sick-leave-bill-passes-2021-session-wraps/
REDISTRICTNG LEGISLATION
On March 30, the state House reached agreement Senate Bill 304 which is bipartisan legislation that would establish an independent redistricting committee to propose new legislative and congressional districts. The proposal passed the House on a 64-2 vote. The proposal adopts the elements of several competing redistricting measures. It calls for a seven-member committee that would hold hearings throughout New Mexico and propose maps based on new census data.
The legislation bars the committee from considering party registration data in crafting the proposed boundaries, and the panel couldn’t consider the voting addresses of candidates or incumbents, except to avoid pairing of incumbents, if possible. The proposal would start the process this summer with an independent committee led by a retired judge or justice. No more than three of the seven members could be from the same party. Lawmakers could amend or change the maps in the special session, but they would start with the committee’s proposals.
https://www.abqjournal.com/2371821/house-sends-bipartisan-redistricting-bill-to-senate.html
NO HAIR DISCRIMINATION:
Senate Bill 80 passed both chambers which prohibits discipline or discrimination based on a student’s race or culture because of a hairstyle or headdress
BROADBAND
Senate Bll 93 passed both the Senate and House and will create a central state agency to develop and upgrade New Mexico’s broadband system. Despite investments of hundreds of millions of dollars, access to broadband services has remained spotty for many New Mexicans. SB 93 awaits the governor’s signature.
SUMMARY OF WHAT FAILED
Following is a listing of major legislation the failed to pass the session.
RECREATIONAL USE OF CANNABIS FAILS WITH SPECIAL SESSION TO BE CONVENED
The biggest disappointment of the 2021 New Mexico Legislature was the State Senate to take up a final vote of House Bill 12 which would legalize the recreational use of cannabis.
It passed the Senate Judiciary Committee on a 5-4 vote and advanced to the full Senate for a final vote. House Bill 12 emphasizes government oversight of pricing and supplies along with social services for communities. Under the bill, the Regulation and Licensing Department will get discretion to select a plant limit, require independent testing of potency and prohibit producers from stacking licenses to prevent monopolies.
The major provisions of the bill in final form were:
• Recreational cannabis will be legal in 2022.
• There will be a maximum 20% tax on all sales.
• The state will regulate sellers.
• There will be no limits on the amount of license issued.
• People who have been convicted of possessing it for personal use will have their criminal record expunged.
• There will be a cap on the number of plants sellers can grow as determined by the Department of Regulation and Licensing.
Had the full Senate adopted HB 12, New Mexico would be the 16th state to legalize recreational marijuana. Projections show that recreational cannabis sales in the state could total as much as $318 million in the first year alone. Governor Lujan Grisham has indicated supports the legislation.
Links to media coverage are here:
https://www.koat.com/article/recreational-cannabis-is-expected-to-cross-the-finish-line/35878644
https://www.kob.com/albuquerque-news/bill-legalizing-recreational-marijuana-advances-to-senate-floor-/6046136/?cat=500
https://www.krqe.com/news/politics-government/legislature/senate-judiciary-committee-set-to-hear-bill-legalizing-recreational-marijuana/
On Friday, March 19, the Governor’s office issued a statement that a special session is ‘on the table’ if the Recreational Cannabis did not pass by Saturday at noon. The Governor’s office announced that within 2 weeks a special session will be called for the legalization of recreational use of cannibus.
https://www.koat.com/article/governors-office-says-special-session-is-on-the-table/35890847
LEGISLATION THAT FAILED
The online news agency New Mexico Political Report published an excellent summation of the legislation that failed in the 2021 legislative session. Below is the summation followed by the link to the report.
“Payday loans: A bill that would have reined in what many call predatory lending died after the House and Senate failed to agree on how much interest storefront lenders could charge on small loans. The Senate approved Senate Bill 66, which would have capped the interest rate on storefront loans at 36 percent. But the House amended the bill to allow a 99 percent interest rate on loans of less than $1,100.
Curbing gubernatorial powers: Following a year of contentious government-ordered shutdowns amid the pandemic, House Bill 139 and Senate Bill 74, which would ensure the Legislature played a role in any future emergency order by the governor, went nowhere.
Open primaries: House Bill 79, which would have opened up the state’s primary elections to New Mexico voters who aren’t affiliated with a major political party, failed to make it to the House floor for a vote, dying early in the committee process.
Clean fuel standards: A bill that would reduce New Mexico’s carbon footprint by implementing a statewide clean fuel standard cleared the Senate but did not get taken up by the full House. Opponents argued Senate Bill 11 would lead to higher gas prices, but supporters disputed that notion, saying similar laws enacted by other states have not caused fuel prices to spike.
Prison reform: House Bill 352 and House Bill 40 would have prohibited the state or counties from entering into any new contract with a private company to run a jail, prison or juvenile facility. Both got stuck awaiting a hearing in the House Appropriations and Finance Committee.
Dam repairs: The safety of New Mexico’s dams has raised concerns among lawmakers and safety experts for two years, following the release of state and federal reports about poor conditions. Sen. Pete Campos, D-Las Vegas, introduced legislation committing $100 million to repairs. But Senate Bill 138 never got past the Senate Finance Committee.
Changing the Legislature: Senate Joint Resolution 273 would have let voters decide whether to limit how many terms a state lawmaker could serve. House Joint Resolution 12 would have let voters decide whether to give the State Ethics Commission the power to set government officials’ salaries — including for state lawmakers, who are currently volunteers. And House Joint Resolution 13 would have asked voters if the Legislature should extend its 30-day session in even-numbered years to 45. None of the measures made it through both chambers.
Cigarette tax: A bill that would have added $2 to the price of a pack of cigarettes stalled in a Senate committee. Senate Bill 197 also would have increased the excise tax for other tobacco products, such as chewing tobacco, as well as e-liquids and closed system cartridges for electronic cigarettes.
Social Security tax break: What senior relying on Social Security income wouldn’t embrace a plan to exclude those checks from taxes? Two efforts — House Bill 49 and Senate Bill 78 — got stuck in tax and revenue committees. Some Senate Republicans tried, without success, to renew them Friday during a lengthy debate on tax reform.
Cage-free eggs: It wasn’t sunny side up for legislation to require that eggs produced or sold in New Mexico be cage-free. Senate Bill 347 became another casualty of the backlog of bills in the Senate Judiciary Committee, where the measure languished for three weeks.
PERA reform: A bill that would have significantly altered the New Mexico Public Employees Retirement Association Board of Trustees, House Bill 162, never got out of committee. The board, beset by infighting, oversees a nearly $17 billion retirement fund for about 92,000 New Mexico state workers and retirees.
Mandatory minimum sentences: Lawmakers backing House Bill 293, to eliminate mandatory minimum sentences for many crimes, asked a committee to essentially kill it early in the session after Republican Party leaders blasted them for trying to cut a break to sex offenders who harm children. The intent was to give judges more leeway in sentencing defendants.
Financial literacy: Two efforts to require public school students to take a half-credit class in money management stalled — House Bill 302 in a House committee and House Bill 63 on the Senate floor. Lawmakers in both parties and both legislative chambers were generally supportive of the measures.
Graduation credits: Legislation changing the type of credits high schoolers would need to graduate stalled in the Senate Education Committee — though lawmakers vowed to study the issue in the interim. House Bill 83 would have dropped the number of required credits, allowed students more leeway in choosing electives and let them bypass Algebra 2.
Veteran discrimination: House Bill 113 started off strong, soaring through the House. But the bill meant to ensure someone could not be discriminated against for being a military veteran — particularly one wrestling with post-traumatic stress disorder — got stuck in the Senate Judiciary Committee.
Time change: A bill that might have ended twice-yearly clock changes in the state died in the House Commerce and Economic Development Committee days before the session ended. Senate Bill 102 would have made Mountain Daylight Time the permanent year-round time if enabling federal legislation on the issue were passed.
Reducing hunger: A measure that would have created a plan to reduce hunger in New Mexico failed to make it out of the House. House Bill 207 would have required state agencies to work with community and agricultural leaders on a commission tasked with creating an annual plan to decrease food needs.
Chop shops: Illegal chop shops that dismantle stolen vehicles to sell for parts would face stiffer penalties under a bill approved by the House. House Bill 145 idled in the Senate Judiciary Committee. The measure would make the dismantling of stolen vehicles a third-degree felony.
Red-flag law changes: Much to the disappointment of gun violence prevention advocates, a bill to expand New Mexico’s so-called red-flag gun law became a victim of more pressing priorities. House Bill 193 sought to amend the Extreme Risk Firearm Protection Order Act by adding law enforcement officers to the list of people who could seek a court order to temporarily take firearms from a person considered a threat.”
https://nmpoliticalreport.com/2021/03/21/what-passed-what-didnt-during-the-legislative-session/
COMMENTARY AND ANLYSIS
By all accounts, the 2021 New Mexico Legislature was productive but only historical as to the manner in which it was conducted. It was productive because many long serving conservative Senate Democrats lost their bids for another term resulting in more progressive legislations making it through.
It was historic session because the public was not allowed into the state capitol building but were allowed to participate by virtually by “zoom” with most or all committee hearings also held by zoom. It was reported that upwards of 20,000 members of the public participated virtually.
What will be historical will be if the special session to be called by the Governor in a few days results in New Mexico becoming the 16 state to legalize the recreational use of cannabis.
