New Mexico Senate News:
The New Mexico Senate convened for two floor sessions on March 15, 2023 to consider legislation relating to funding for tribal education, streamlining the process to obtain a Commercial Driver’s License, and approve revisions to the General Richard T. Knowles Legislative Scholarship Program.
Additionally, the Senate passed legislation which:
Fixes New Mexico’s Medical Malpractice Insurance System
Following weeks of compromise and negotiation, the New Mexico Senate passed Senate Bill 523 on a strong bipartisan vote of 40-2. The measure amends the Medical Malpractice Act, capping claims for independent healthcare facilities, such as urgent care, ambulatory surgical centers, and free-standing emergency rooms that are not hospital controlled. Additionally, the damages recoverable from an injury or death to a patient at an independent outpatient facility as a result of malpractice shall not exceed $1 million, except for punitive damages and future medical costs. Beginning in calendar year 2025, it adjusts annually by the prior three-year average consumer price index.
“Problems get solved when parties involved come together, in this case our doctors and trial lawyers who agreed on a long-term solution that allows independent clinics to obtain malpractice insurance,” said Senate Majority Leader Peter Wirth (D-Santa Fe). “This compromise provides stability for current practices and more certainty for new outpatient facilities looking to open in New Mexico. And, patients who have been harmed are protected because outpatient clinics remain in the state’s patient compensation fund. I want to thank Senator Baca and the Governor for the work we did together to help the parties reach this compromise.”
Funds Capital Outlay Projects Statewide
The New Mexico Senate passed the annual capital outlay authorization bill on a vote of 27-13.
House Bill 505 provides funding for 2,088 capital outlay projects identified in all 33 of New Mexico’s counties, totaling a $1.2 billion nonrecurring investment in local infrastructure, state agencies, and community initiatives.
Provisions include:
- $68 million to establish a new forensic unit at the New Mexico Behavioral Health Institute in Las Vegas
- $65 million for New Mexico public school districts to invest in career technical education, prekindergarten facilities, and general maintenance
- $35 million dedicated to statewide public school security improvements
- $30 million aimed at recovering aquifers on the Lower Rio Grande, as well as for litigation related to the Rio Grande Compact
- $26 million to overhaul public safety radio communications systems across the state
- $20 million to modernize New Mexico’s school kitchens
House Bill 505 includes substantial funding for New Mexico’s higher education institutions:
- $7.3 million to Central New Mexico Community College to complete the construction of the Applied Technologies facilities.
- $6.9 million to New Mexico State University to upgrade the chemistry building
- $5 million to Eastern New Mexico University to complete the Roosevelt Science Center
- $5 million to the University of New Mexico to help fund completion of their Comprehensive Cancer Center
- $4.5 million to New Mexico Highlands University to complete construction of Sininger Hall
Additionally, House Bill 505 provides for the following funding allocations:
- $1 million to the Game Protection Fund
- $500 thousand to the Game and Fish Bond Retirement Fund
- $4.5 million to the Educational Retirement Fund
- $10 million to the Forest Land Protection Revolving Fund
- $1.5 million to the Miners’ Trust Fund
- $142 million to the Public School Capital Outlay Fund
- $115 thousand to the Workers’ Compensation Fund
- $900 thousand to the Fire Protection Fund
“One of the benefits of our capital outlay process is that it enables the Legislature to address the individual needs of every community in New Mexico,” said Senate Finance Vice Chair Nancy Rodriguez. “From Santa Fe to Santa Teresa, the projects in this year’s Capital Outlay Plan will pave New Mexico’s path to continued prosperity.”
Creates an Equitable, Values-Driven Tax Code
In an evening floor session the New Mexico Senate passed House Bill 547, the omnibus tax package, on a vote of 24-12. With amendments from the Senate Tax, Business and Transportation Committee, House Bill 547 increases New Mexico’s liquor excise tax for the first time in decades, allocates additional support to parents who adopt a child with special needs, and improves incentives for New Mexico’s film industry.
Highlights of House Bill 547 as amended include:
- Lowers total personal income taxes for all New Mexicans.
- Boosts the refundable Child Income Tax Credit by up to $600 more per family, benefitting an estimated 350,000 children in New Mexico. Establishes a refundable tax credit for public-school teachers for the purchase of school supplies
- Tees up tax rebates for all New Mexicans who paid state income tax in 2021, which will be $500 for single filers and $1,000 for joint filers.
- Greenlights a refundable income tax credit for geothermal power generation as well as a refundable Electric Vehicle Tax Credit, with additional provisions for lower income families.
- Exempts military retirement pay from being taxed for armed services retirees, or their beneficiaries, up to $10,000 for 2022.
“My colleagues and I heard loud and clear from New Mexico’s families about the need for real tax reform. This omnibus package puts New Mexico’s values front and center, and prioritizes two of New Mexico’s most important assets for the future: our children and our climate,” said Senate Tax, Business and Transportation Committee Chair Benny Shendo (D-Jemez).
House Bill 547 now moves to the House for concurrence.
Confirmations
The New Mexico Senate confirmed the following nominees:
Robert Louis Lucero, New Mexico Highlands University Board of Regents
“Robert Lucero is a lawyer, mariachi, compadre, and quintessential New Mexican. He has big dreams for the future of New Mexico Highlands University, and I am proud to support him in those efforts,” said Senator Antonio “Moe” Maestas (D – Albuquerque).
Arsenio Romero, Ph.D., Public Education Department Secretary
“It was wonderful to hear educators from all over the state call into the Senate Rules Committee this morning in support of Dr. Romero’s nomination. He is a lifelong-learner himself who is truly dedicated to the success and wellbeing of students across the state of New Mexico,” said Senate Pro Tempore Mimi Stewart (D-Albuquerque).
“Dr. Arsenio Romero has been a leader in public education everywhere he has gone. He is calm, considerate, and remains focused on what’s best for our children, and therefore the future of New Mexico,” said Senate Education Chair Bill Soules (D – Las Cruces). “I have no doubt New Mexico will continue to see major gains in our education system with Dr. Romero as our Secretary of Public Education.”
Robert Edward Doucette Jr., General Services Department Secretary
“With over 23 years of experience as a county administrator, Mr. Doucette is a consummate public servant and problem-solver. His door is always open to anyone who needs help, and New Mexico is lucky to have him leading the General Services Department,” said Senator Katy Duhigg (D – Albuquerque).
Donnie James Quintana, Veterans’ Services Department Secretary
“With experience spanning across our state government and his active duty service in Afghanistan, Colonel Quintana is a strong voice for New Mexico’s veterans. Our veterans have already benefited from his continued commitment to public service and I look forward to seeing the progress he makes as our Secretary of Veterans Services,” said Sen. Jerry Ortiz y Pino (D – Albuquerque).
The Senate concurred on House amendments to the following:
Additional legislation passed on the Senate Floor today:
- HB198 — CAREER TECH FUNDS FOR INDIAN ED SCHOOLS
- HB118 — CREATE OFFICE OF ENTREPRENEURSHIP
- HB269 — FED INFO FOR COMMERCIAL DRIVER’S LICENSES
- HB184 — STATE GAME COMMISSION CHANGES
- HB145 — NMMI LEGISLATIVE SCHOLARSHIP PROGRAM
- HB195 — FOREST CONSERVATION ACT AMENDMENTS
- HB106 — INCREASE PUBLIC EMPLOYEE PENSION MAX
- HB197 — INCREASE FREE FISHING DAYS
- HB304 — PUBLIC EMPLOYEE RETIREMENT NEEDS TRUSTS
- HB175 — CRIME REDUCTION ACT CHANGES
- HB053 — DELIVERY OF NECESSARY DIABETIC RESOURCES
- HB186 — DISABLED VETERAN PROPERTY TAX PROOF
- HB229 — INSURANCE ADJUSTER BOND EXCLUSION
- HB389 — NO ID CARD FEE FOR HOMELESS INDIVIDUALS
- HB411 — ENGINEER & SURVEYOR LICENSURE
- HB216 — LESC PUBLIC EDUCATION STUDY
