Legislative Roundup: 14 Days Remaining In Session

Chuck Thomas, left, with the Southern Sandoval County Arroyo Flood Control Authority, wears a kilt Wednesday while speaking to Dave Gatterman as they wait to see Sen. Katy M. Duhigg. Thomas, outgoing executive engineer for the authority and Gatterman, incoming executive engineer, were lobbying for flood control projects. Luis Sánchez Saturno/SFNM

Legislative Roundup
The Santa Fe New Mexican

Still smokin’: Members of the Senate Tax, Business and Transportation Committee voted 7-3 Thursday to advance Senate Bill 100, which mostly would make some technical adjustments to the Cannabis Regulation Act — such as clarifying rules for conducting criminal background checks on applicants hoping to get into the business.

The bill also includes a provision that would allow so-called micro-growers to increase their plant limit to 1,000 from 200. Advocates say the change is necessary to ensure there is enough cannabis in stores April 1, when retailers can begin legally selling recreational cannabis.

New Mexico legalized the production, sale and use of recreational marijuana last year for adults 21 and older. The Cannabis Control Division of the state Regulation and Licensing Department, which oversees the cannabis business, has been issuing rules for manufacturing, producing, transporting and selling cannabis.

But some critics say the state did not allow enough time for the agency to fine-tune the rules and for farmers to produce an adequate supply.

Social Security bill advances: Members of the House Consumer and Public Affairs Committee unanimously voted to approve House Bill 49, which would exempt Social Security benefits from state income taxes. The bill would gradually phase in the exemption until 2026.

Advocates for such measures say its unfair to add additional financial burdens to seniors living on a fixed income. Critics note, however, the move will cost the state tens of millions of dollars over time and give wealthier seniors a tax break they do not deserve.

Pretrial detention bill stalls: The House Consumer and Public Affairs Committee voted 3-2 to table a bill that would have changed the way courts decide whether to detain a defendant accused of a violent crime.

House Bill 27, introduced by Rep. Bill Rehm, R-Albuquerque, would place the burden on defendants charged with certain violent crimes, including first-degree murder, to prove they pose no risk to the community and should not be detained until their trial.

The legislation is similar to House Bill 5, which is supported by the governor and passed the House Government, Elections and Indian Affairs Committee. HB 5 is awaiting its next hearing in the House Judiciary Committee.

The three Democrats on the Consumer and Public Affairs Committee voted to table Rehm’s bill. Rep. Liz Thomson, D-Albuquerque, said she was raised on an “innocent until presumed guilty” legal standard that she wants to uphold.

Rehm scored a success when the committee unanimously voted in favor of House Bill 140, which would abolish the statute of limitations for second-degree murder, which is now six years.

Weather and water: The House Agriculture, Acequias and Natural Resources Committee unanimously backed a bill to expand the network of weather stations around New Mexico.

House Bill 108, sponsored by Republican Reps. Martin Zamora of Clovis and Jim Townsend of Artesia, would appropriate more than $2.5 million in one-time funds to New Mexico State University’s Office of the State Climatologist to get the job done.

According to data NMSU provided for the bill’s fiscal impact report, the network of weather stations “is insufficient to provide local weather data coverage throughout the state in a manner to accurately determine if farmers and ranchers qualify for USDA disaster payments”. An effort to pass a similar bill, also sponsored by Zamora, stalled in the 2021 legislative session.

The committee also voted unanimously to approve House Bill 121, which would provide $400,000 to the state’s Acequia and Community Ditch Fund to help develop hydrological studies and access technical and legal support for acequia operators.

Several proponents speaking in favor of the bill said the fund can help acequias pay for legal representation in water-rights disputes.  

No dribbling: One of the few consistently bipartisan efforts in the Legislature has been canceled for the second year in row.

For years, the “Hoops 4 Hope” basketball game has pitted members of the Senate against members of the House in an effort to raise funds for cancer research and treatment at the University of New Mexico Comprehensive Cancer Center. Sen. Bill O’Neill, D-Albuquerque, said the games have raised up to $70,000 from fans.

After surveying lawmakers in both chambers, however, O’Neill said organizers decided to cancel it again due to the coronavirus pandemic.

“We just have to wait,” he said Thursday.

A day earlier, O’Neill had boasted the Senate was bound to win because “we’re older, but we’re smarter” than lawmakers in the House.

Senators have another year to work out and get ready for next year’s game, he said.

New House member: Former Bernalillo County Commissioner Art De La Cruz, D-Albuquerque, was sworn into his new role in the House on Thursday.

De La Cruz, who was born and raised in Albuquerque, will represent District 12 following the resignation last week of Brittney Barreras, who was halfway through a two-year term when she stepped down. De La Cruz ran as a write-in candidate in the November 2020 election for the seat but lost to Barreras.

Asked to say a few words Thursday during a meeting of the House Labor, Veterans and Military Affairs Committee, De La Cruz said, “Today is like drinking from a fire hose.”

Quote of the day: “I’m kind of like a little hedgehog. I don’t let go of something until I get it done.” — Sen. Michael Padilla, D-Albuquerque. Padilla was talking about his efforts to pass Senate Bill 108, which would exempt those collecting Social Security benefits from paying state income taxes. Padilla tried unsuccessfully to get similar legislation passed several times before.

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