Legislative round-up; Possible special session

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SANTA FE, N.M. – The COVID-19 pandemic has changed the way all things operate, including the state legislature. As if the pandemic was not enough, threats to the safety and security of New Mexicans in the state capitol caused state officials to erect a fence around the Roundhouse in Santa Fe. This year the state legislature had a 60-day session, with capitol police and national guard around for every minute of it.

In this session, the legislature acted on numerous pieces of proposed legislation, but never got around to Governor Michelle Lujan Grisham’s wish to legalize marijuana. Holding control of both chambers of the legislature, the governor has announced her intent to call a special session to address the matter; this is a piece of legislation the governor has been pushing for since she was elected in 2018.

What passed

• School Funding: Winning the vote of 40 out of 42 senators, the state legislature passed House Bill 6, which will send federal impact aid dollars that were meant for schools and school districts, to those places they were originally designed to help. The state had been giving roughly 75 percent of those dollars to the agencies they were meant to help. Currently, this money is dropped into a pool and shared between all the schools, despite the original intent that the funding is meant for schools that are in a particular need of assistance.

• Trapping Ban: In 2018 a dog named Roxy was caught in a hunter’s trap at Santa Cruz Lake, north of Santa Fe, and died. In 2021 the legislature approved Roxy’s Law which bans all trapping, use of snares, and wildlife poison except in certain situations.

• Extended Learning: The pandemic limited and made learning virtual for almost 100 percent of students in New Mexico, with several families complaining that this set their child back. In response, the state legislature voted to extend the upcoming academic year and will require all elementary schools in the state to offer “extended learning” opportunities.

• Pandemic Relief: Passing SB3, the legislature has approved $150,000 long-term loans with low interest for businesses and non-profits that have been adversely affected by the pandemic.

• Abortion Rights: Passing SB10 the legislature overturned a 1969 law that outlawed abortions in the state. Due to the landmark US Supreme Court decision Roe v. Wade this law was declared unconstitutional and has not been active. Worried that Roe v. Wade could be overturned, the legislature acted to preserve the right of women to get an abortion.

• Aid in Dying: Awaiting the governor’s signature is the Elizabeth Whitefield End of Life Options Act, which will allow a terminal patient who is of a sound mind to request paper-work to receive a pill that would end a patient’s suffering on their own terms.

• Civil Rights Protections: House Bill 4 allows citizens to sue government agencies, like the police, for infringements on their civil rights as guaranteed by the US and state constitution.

• Discrimination: Senate Bill 80 makes it a crime to discriminate against someone because of their hair.

• Family Income Index: Senate Bill 17 allocates more money to schools that have higher numbers of families living in poverty.

• Transparency: House Bill 55 was championed by the New Mexico Foundation for Open Government because it will make capital outlay more transparent. Capital Outlay is money designed to help municipalities and counties complete large projects they are working on; the use of this money will be more publicly available with HB55.

After a full census is taken, every ten years, federal law requires that jurisdictional boundaries be reevaluated to ensure that everyone in the many states has equal, fair, and just representation in their governments: local, state, and federal. The legislature passed Senate Bill 304 which will allow an independent commission to be hired by the state to adjust the boundaries. The legislature will have to approve whatever changes the independent commission deems necessary. This comes after Yvette Herrell’s victory in New Mexico’s Second Congressional District, where House Speaker Brian Egolf (D — Santa Fe) commented, “So this is the last election for New Mexico’s 2nd Congressional District with a map that looks like it looks now.”

He continued, “So next time it’ll be a different district and we’ll have to see what that means for Republican chances to hold it.”

Many New Mexicans saw this as a challenge to New Mexico’s Second Congressional District, U.S. House of Representatives, which includes Cibola County.

The most important part of any legislative session is approving the budget. Without an operating budget business cannot be conducted within the government and statewide operations grind to a halt.

The legislature proposed a $7.4 billion budget and has sent it to the governor for approval. This is a spending increase of 4.4 percent from last year, or roughly $373 million When the COVID-19 pandemic began New Mexico was expecting to see a $1 billion budgetary shortfall, but thanks to the federal government’s aid to states the legislature was able to expand their spending for the next year.

The governor has 15 days to sign the last of the passed legislation or these will die without her signature.