Legislative Roundup
SFNM

Changing the session length? For years, state lawmakers have grappled with how best to get their work done within the time limits of legislative sessions that alternate every other year between 30 and 60 days.

On Saturday, members of the House Judiciary Committee voted 9-2 to move forward a resolution that would let voters decide in the next general election whether they would prefer having a 45-day session every year.

Rep. Rod Montoya, a Farmington Republican and one of several sponsors of House Joint Resolution 13, said it’s not a perfect solution, but it’s a start. Other members of the committee agreed, though some said it could be more effective to have 60-day sessions every year, or maybe 90-day sessions, or maybe 60 days one year and 45 days the next year.

Montoya said no matter how you look at it, “30 days is not the right number”.

Efforts to move similar bills in previous years have stalled, and HJR 13 probably doesn’t have much of a chance at this point, with just one week left in the session and the need to make it through the House of Representatives and then the Senate for final approval.

Rep. Matthew McQueen, a Galisteo Democrat and one of two committee members to vote against the proposal, alluded to that when he told Montoya that the bill is “probably dead” already because of the fast-approaching end of the session. But debate on the bill led lawmakers to start discussing other ideas to improve the legislative process.

‘Gay panic’ defense: A measure that would end the use of the “gay panic” defense in criminal cases breezed through the Senate Judiciary Committee on Saturday.

Senate Bill 213, sponsored by Sens. Jacob Candelaria of Albuquerque, Leo Jaramillo of Española and Liz Stefanics of Cerrillos, all Democrats, advanced on an 8-0 vote. Candelaria, who had advocated for the bill to be considered by the committee, said the “gay panic” defense is a legal strategy that asks a jury to find that a victim’s sexual orientation or gender identity or expression is to blame for a defendant’s violent reaction, including murder. He also said the District of Columbia and nine states have banned the use of such defense strategies and that legislation is pending in Congress, too.

“When a defendant uses an LGBTQ panic defense, they are claiming that a victim’s sexual orientation or gender identity not only explains but excuses a loss of self-control and the subsequent assault,” Candelaria said. “By fully or partially acquitting the perpetrators of crimes against queer victims, this defense implies that LGBTQ lives are worth less than others, that my life and the life of my husband are simply worthless.”

Stefanics said a dear friend of hers was burned to death in his car for coming on to another man. “The person’s defense was that he panicked when he was approached by a man, and it just wasn’t appropriate,” she said. 

Looking ahead: With one week left to go the 60-day legislative session, there’s almost nothing you can count on except that it will end at noon Saturday and lawmakers will somehow get a state budget passed for Gov. Michelle Lujan Grisham to sign.

But you can probably expect to see fewer committee hearings as the clock runs out on the potential for many bills to make it to the finish line.

Speaking of the clock, given people may have woken up a little cranky Sunday morning because of having to set the clocks forward, it may bring comfort to some to know that Monday, the House Commerce and Economic Development Committee will hear Senate Bill 102, sponsored by Sen. Cliff Pirtle, R-Roswell. Pirtle is a proponent of keeping the state on daylight saving time all year long.

The Senate approved the measure earlier this month. If it clears the committee Monday, it heads to the House floor for a final legislative vote.

Charter enrollment preference OK’d: The House of Representatives voted 67-3 to approve Senate Bill 51, which allows charter schools to give enrollment preference to children of school employees.

Charter schools — public schools that operate with more autonomy — generally have a lottery system set up to determine enrollment, though state law allows enrollment preferences for returning students and siblings of enrolled students. A Legislative Education Study Committee for SB 51 says the additional “preference to enroll the children of employees would impact the first-come, first serve and lottery selection process for students who do not currently have a connection to the school via previous enrollment or an enrolled sibling. This has the potential to minimize the number of uncommitted enrollment slots available at a school for students who were not previously enrolled or have a sibling enrolled at the charter school.”

The bill now goes to the governor’s desk.

Child support bill zooms on: The House of Representatives voted 62-0, with no debate, to give a final legislative push to Senate Bill 140, which now heads to the governor’s desk for a signature.

The bill, sponsored by Sen. Gay Kernan, R-Hobbs, and Rep. Daymon Ely, D-Corrales, updates and clarifies the state’s child support laws to put them in compliance with federal law — a move that includes limiting how many years of overdue child support payments a parent can owe and revising how child support is calculated, ultimately allowing the state to collect more in child support for its kids. The legislation also allows the state to focus on providing employment opportunities and job security to noncustodial parents to help them meet their obligations. And if the bill becomes law, it will save the state around $147.5 million in federal funds that it would lose if it does not comply with those federal laws.

In a statement Saturday, Secretary of Human Services David Scrase said, “By focusing more on employment for parents, we know from experience that we can substantially increase the flow of funds to New Mexico children, giving them even more of a chance to enjoy being kids. Dads and moms who don’t live with their kids will be able to spend more time with them and build stronger relationships.”