Fate of 2019 MUST PASS/Priority Bills

Fate of 2019 MUST PASS and Priority Bills

Our 46 bills are organized here by issue.  The summary provides the path through which bills passed through the legislature or if they failed, where they failed. Bills that were signed into law use a green font at its last stop, the Governor’s signature and a red font for the last action, i.e. where it died.  As you read through the list, please note how many bills are killed by Sen. John Arthur Smith, Senator, Clemente Sanchez, Joseph Cervantes and Rep. Patty Lundstrom.

Climate Change.   

Only two climate crisis bills passed: one a decent bill (SB 136/HB 291 renewing energy efficiency regulations), and the other HB 546, the heinous Produced Water Act.  HB 546 was the replacement bill for SB 186 (which had been a good bill).

SB 186 Oil Conservation Division Powers & Duties would have increased penalties for gas and oil spills to be comparable with neighboring states. Penalties have not been increased in decades and spills have increased significantly.

  • SB 186 passed by Senate Conservation on 2/21, Senate Judiciary on 3/2; died in Senate Finance.
  • McQueen introduced HB 680 to replace it, but negotiations with New Mexico Oil & Gas Association (NMOGA) stalled, so it died in House Energy, Environment & Natural Resources.
  • Ultimately, HB 546 was introduced late in the session and passed very quickly with almost no review. HB 546 offered a sweetener for NMOGA to accept the increased penalties: an amendment to allow the development and regulation of “produced water.”  
  • Passed House 66-0 on 3/8 (without produced water amendment included)
  • Passed Senate Judiciary at 3am on 3/13 (with produced water amendment include)
  • Passed Senate on 3/13
  • House and Senate amendments could not be reconciled
  • Sent to Conference Committee which accepted the produced water language and sent report to the Senate
  • House and Senate accepted the Conference Committee report 3/15 (last day of the session)
  • Governor signed bill 4/3. We give this a red font, even though it was a “passed” MP/P bill but it does not remotely resemble the bill we endorsed. It is an illustration of how Democratic leadership can bypass transparent legislative processes to get done what it wants to get done. Shameless.

 HB 546 called for a modest increase in royalties but had to be swallowed with a glass of “produced water,” which was slipped in via an amendment at the last moment and with no opportunity for a public hearing. According to Energy Fuse, produced water contains “dispersed oil droplets and dissolved oil, naturally occurring radioactive material, treatment and workover chemicals, dissolved gases (particularly hydrogen sulfide and carbon dioxide), bacteria and other living organisms, and dispersed solid particles. These unfavorable impurities make it nearly impossible to process and manage produced water.” http://energyfuse.org/oil-and-water/

SB 136. Efficient Use of Energy Acts Amendments.  Regulatory and financial disincentives block public utilities from investing in load management and energy efficient measures to reduce consumption. SB 136 / HB 291 removes disincentives and adopts a rate adjustment mechanism to ensure utilities won’t lose revenue if consumption falls.  

  • SB 136 passed full Senate 25:14 on 2/22; passed House Energy, Environment & Natural Resources, then House State Government Elections and Indian Affairs; sent to House Floor where it was not heard because the House version (HB 296) passed both chambers and was signed into law (see below).
  • HB 291 passed House Energy & Natural Resources 2/4, House State Government, Elections & Indian Affairs 3/3; passed full House 85-7 on 3/5; passed Senate Conservation 3-7; passed full Senate 27-13 on 3/13. 
  • Signed by Governor on 4/3.

HB 210 Community Solar Act would have allowed individuals to buy energy from locally developed solar arrays, enabling renters and homeowners to purchase solar power without the cost of installation.

  • Passed House Energy & Natural Resources on 1/24,
  • Passed House Judiciary on 2/11,
  • Passed full House on 2/18 by 42:25. Sent to Senate Conservation 2/20 where it sat for a month
  • Passed Senate Conservation on 3/12. Then sent to Senate Judiciary where it was never heard. Senate Conservation deserves “credit” for killing the bill, as Chair Cervantes first let it sit for a month until he allowed it to pass, but as a substitute bill with only 3 days left in the session. A substitute bill needs to go back through House Committees again, so with 3 days left in the session, Judiciary knew there wasn’t enough time and didn’t schedule it for a hearing. (Sen. Cervantes, Chair of Conservation)

HB 206 Environmental Review Act provided rule-making authority to the Environmental Improvement Board and defined the powers and duties of state agencies to conduct environmental reviews and prepare environmental impact statements for all development and construction projects that would have significant impact on the environment. 

  • Passed House Energy & Natural Resources on 2/4;
  • Died in House State Government, Elections & Indian Affairs where it was never scheduled for a hearing. (Rep. Georgene Louis, Chair)

HB 398 / SB 500 Oil, Gas & Vented Gas Royalties would have raised royalty rates for oil and gas companies profiting from New Mexico’s land resources to 25% on leases in the top 6% of production, only if a well hit 20,000 barrels per month.

HB 398

  • Died in House Commerce & Economic Development where it was tabled by a 5-5 vote with Reps. Jim Trujillo, Patricio Ruiloba, and Moe Maestas joining two Republicans to kill the bill. (Rep. Moe Maestas, Chair)

SB 500

  • Died in Senate Conservation as it was never scheduled for a hearing. (Sen. Joe Cervantes, Chair)

SB 275 Increase Renewable Portfolio Standards would have increased the existing RPS to 50% renewable energy from NM utilities by 2030 and 80% by 2040. We supported this bill but advocated for 80% RPS by 2030 and 100% by 2040. 

  • Died in Senate Conservation after being introduced on 1/21. It was never scheduled for a hearing. (Sen. Joe Cervantes, Chair)

SB 374 Local Choice Energy Act would have allowed local jurisdictions and tribes to develop, produce, distribute, and sell renewable energy. This could have been a game changer, breaking monopolies held by private utilities like PNM.

  • Died Senate Conservation after being introduced on 1/28. It was never scheduled for a hearing. (Sen. Joe Cervantes, Chair)

SB 459 Hydraulic Fracturing Permits and Reporting would have imposed a 4-year moratorium on the issuance of new fracking permits to allow the state to conduct an assessment of the scale and impact of current fracking operations. 

  • Sent to Senate Conservation 2/4.
  • Died in Senate Conservation as it was never scheduled for a hearing. (Sen. Joe Cervantes, Chair)

SB 39 Solar Market Development Tax Credit. SB 39 would have created tax credit incentive for installing rooftop solar.

  • Sent to Senate Corporations on 1/16,
  • Died in Senate Corporations & Transportations where it never received a hearing,  (Sen. Clemente Sanchez, Chair)

SB 456 Electric Utility Resource Procurement directed investor-owned utilities (IOUs) to solicit competitive bids from other independent power companies when adding or replacing electricity-generating power. A transparent competitive resource procurement process would have been established and would be monitored by an independent evaluator. 

  • Passed Senate Conservation 2/19;
  • Died in Senate Corporations & Transportation with no hearing. (Sen. Clemente Sanchez, Chair)

SB 492 Utility Securitization Financing, the "clean" securitization bill, would have authorized securitized financing of PNM undepreciated assets in the San Juan Generating Station but allow the PRC to conduct hearings to determine the amount to be securitized, the split between ratepayers and shareholders, and the form and developer of replacement power.

  • Passed Senate Conservation on 3/5;
  • Died in Senate Corporations & Transportation where it was never scheduled for a hearing. (Sen. Clemente Sanchez, Chair)

SB 136 / HB 291 Efficient Use of Energy Act Amendments. Regulatory and financial disincentives block public utilities from investing in load management and energy efficient measures to reduce consumption. SB 136 / HB 291 removes disincentives and adopts a rate adjustment mechanism to ensure utilities won’t lose revenue if consumption falls.  

SB 136

  • Passed full Senate 25:14 on 2/22;
  • Passed House Energy, Environment & Natural Resources, then
  • Passed House State Government Elections and Indian Affairs;
  • Died on House Floor where it was not heard because the House version (HB 296) passed both chambers and was signed into law (see below).

 HB 291

  • Passed House Energy & Natural Resources 2/4,
  • Passed House State Government, Elections & Indian Affairs 3/3;
  • Passed full House 85-7 on 3/5;
  • Passed Senate Conservation 3/7;
  • Passed full Senate 27-13 on 3/13.
  • Signed by Governor on 4/3.

 Criminal Justice

HB 87 Domestic Violence and Firearm Possession / SB 328 Orders of Protection and Firearm Ownership prohibits firearms to those involved in a domestic violence dispute.

HB 87

  • Passed House 37:28 on 2/8. 
  • Died in Senate Judiciary without a hearing.  (Sen. Richard Martinez, Chair)

SB328

  • Passed Senate 27:15 on 3/6.
  • Passed House 38:31 on 3/15
  • Signed by Governor 4/4.

SB 8.  Firearm Sale Background Check requires a background check equivalent to the existing federal background check for any sale or passing of ownership or control of a firearm for a fee, whether the seller is licensed or not. 

  • Passed Senate 22:20 on 2/14.
  • Passed House 42:27 on 3/4
  • Signed by Governor 3/8.

HB 83 Extreme Risk Protection Order Act would have allowed law enforcement to temporarily remove guns from those who are a risk to themselves or others––a so-called “red flag” law. It’s a tool that helps law enforcement and family members, either of whom could file in court for the weapon to be removed. 

  • Passed full House 39:30 on 2/13.
  • Passed Senate Public Affairs;
  • Died in Senate Judiciary where it was never scheduled for a hearing. (Sen. Richard Martinez)

HB 40 Background Checks at Gun Shows would have required gun sales at gun shows to be done through a licensed firearms dealer, who is responsible for completing a background check on the person receiving the firearm.

  • Passed House Consumer & Public Affairs 1/28;
  • Died in House Judiciary where it was never scheduled for a hearing. (Rep. Gail Chasey, Chair) 

Economic Justice

Many of the bills in this section could as easily have been placed under Women and Children Justice, as they address poverty among working families.

HB 6 Tax Changes eliminates several tax giveaways and reduces the 50% deduction for capital gains to 40%; it adds a new top personal income tax bracket of 5.9% if recurring FY20 revenues hit a target; it enacts mandatory combined reporting for corporations, among other changes. The House called for $320M in increased revenues by closing tax loopholes, but Senate Corporations retained only $70 million of those changes. The final bill gutted much of the House tax reforms.

  • Passed House 40:25 on 3/1.
  • Passed Senate 32:8 on 3/15.
  • Agreement on amendments reached in Conference Committee 3/16.
  • Signed by Governor on 4/4.

HB 18 Child Income Tax Credit provided a fully refundable New Mexico child tax credit of $25 to $175 per child, depending on income. It would have taken effect in the 2019 tax year and continued as long as the federal exemption amount is zero (federal Tax Cuts and Jobs Act of 2017 eliminated exemptions). 

  • Passed House Health & Human Services on 2/4;
  • Died in House Taxation & Revenue without a hearing.
  • An alternative to the Child Income Tax Credit bill, a dependent deduction instead of a child tax credit, was incorporated into HB 6 Tax Changes. The resulting bill weakened the level of tax relief experienced by working families.

SB 183 / HB 23 Working Families Tax Credit were identical bills that doubled the size of the existing Working Families Tax credit from 10% to 20%. The bill was endorsed strongly by NM Voices for Children. 

SB 183

  • Passed Senate Corporations & Transportation on 2/26,
  • Died in Senate Finance. (Sen. JA Smith, Chair)

HB 23

  • Passed House Labor, Veterans & Military Affairs on 2/15, then died in House Tax & Revenue.
  • The bills were incorporated into HB 6 Tax Changes with an increase of 17% instead of the proposed 20%, a smaller credit, but still a win.

HB 31 Phased In Minimum Wage would have raised the minimum wage to $10 immediately and to $12 in 2022 with a COLA. It died in Sen. Corporations but a weakened minimum wage bill introduced by Sen. Sanchez passed into law.

HB 31

  • Passed the House 44:26 on 2/13; passed Senate Public Affairs on 2/25; then died in Senate Corporations & Transportation without a hearing.
  • Died after Senate Corporations Chair Clemente Sanchez refused to schedule it for a hearing. Sanchez’s own bill, SB 437, ultimately passed, resulting in a slower implementation and a smaller increase in the minimum wage.

SB 437 slows the wage increase pace and virtually eliminates increases for tipped employees. So HB 31 died in Corporations but was transformed into a weaker min. wage increase in SB 437.

  • Passed in the Senate - Y:27 N:15. 3/8
  • Passed in the House of Representatives - Y:43 N:21 3/13
  • Signed by Governor 4/1

HB 85 Union Security Agreements asserts the state’s exclusive jurisdiction under the National Labor Relations Act to prohibit agreements requiring membership in a labor organization as a condition of employment in New Mexico. Effectively prohibits counties from adopting Right-to-Work ordinances.

  • Passed in the House of Representatives - Y:43 N:23 2/22
  • Passed in the Senate - Y:23 N:19. 3/10
  • Signed by Governor 3/27

HB 150 Installment and Small Loan Changes, AKA predatory lending limit, cleans up consumer protections and closes potential loopholes in the NM Installment Loan Act of 1959 and the NM Small Loan Act of 1955. Requires all loan agreements to specify the full cost of the loan, including interest and fees.

  • Passed in the House of Representatives - Y:53 N:15 3/5
  • Passed in the Senate - Y:33 N:0. 3/14
  • Signed by Governor 4/4

 

HB 356 Cannabis Taxation and Regulation would have created legal and regulatory framework for legalizing and taxing the sale of recreational marijuana with projections of hundreds of jobs and up to $200M in annual revenues to the State.

  • Passed House Health & Human Services on 2/11;
  • Passed House Judiciary on 2/24;
  • Passed full House with amendments 36:34 on 3/7.
  • Passed Senate Public Affairs on 3/9;
  • Died in Senate Finance without a hearing. (Sen. JA Smith, Chair)

SM 5/ HM 41 Study State Owned Bank would have authorized a study of the feasibility of a state-owned public bank.

HM 41

  • Passed House State Government, Elections & Indian Affairs
  • Died on House Floor without a vote

SM 5

  • Tabled in Senate Rules, with Sen. Papen and Sen. Sanchez voting with three GOP Senators to kill the bill.

 

HB 386 Small Loan Interest Caps would have capped the interest rate for small and installment loans from storefront lenders at 36%, to replace the current cap of 175% imposed in 2017.

  • Passed without recommendation by House Labor, Veterans & Military Affairs on 2/15
  • Passed House Judiciary on 3/9
  • Died on House Floor without a vote

Education

HB 77 School District Administrative Expenses would have limited the annual growth of school district central administration spending to the Consumer Price Index (CPI) or the overall growth in the state education budget, whichever is lower. Classroom spending would not have been limited.

  • Sent to House Education on opening day of the Session,
  • Died in House Education, where it was never scheduled for a hearing.  (G. Andres Romero, Chair)

Election, Voter, Campaign and Ethics Reform

SB 50 State Agency Automatic Voter Registration & HB 84 Automatic Voter Registration at MVD & Elsewhere, identical bills that would have allowed all qualified electors applying for, renewing or updating a driver's license or ID card to be automatically registered to vote or have an existing voter reg. automatically updated, unless the person declines. 

HB 84

  • Passed House State Government, Elections & Indian Affairs on 1/30;
  • Passed House Judiciary on 2/12;
  • Passed Full House 44:22 on 2/19;
  • Died in Senate Rules where it was never scheduled for a hearing. (Sen. Linda Lopez)

Late in the session, SB 672 Early & Auto Voter Registration was introduced after SB 50, SB 52, and HB 84 died in committee.The bills were resurrected in SB 672 with the resourcefulness of Common Cause, moving through Senate and House in 3 days.

  • Passed in the Senate - Y:24 N:16. 3/12
  • Passed in the House of Representatives - Y:45 N:27 3/14
  • Signed by Governor 3/27

HB 86 Same Day and Early Voting Registration would have amended the election code to facilitate registering voters at polling places on Election Day and at early voting sites for primary and general elections. 

  • Passed the House 44:22 on 2/20.
  • Died in Senate Rules. (Sen. Linda Lopez, Chair)

HB 55 Agreement to Elect President by Popular VoteWhen states with a collective number of 270 electoral votes pass this bill, enough to elect a President, those states will cast all of their electoral votes for the candidate with the most popular votes nationally, effectively eliminating the Electoral College. 

  • Passed in the House of Representatives - Y:41 N:27 2/1
  • Passed in the Senate - Y:25 N:16. 3/12
  • Signed by Governor 4/3

SB 3 Campaign Finance Reporting requires the source of last minute “hit” ads to be disclosed. It simplifies and brings into compliance other finance reporting rules.

  • Passed in the Senate - Y:36 N:6. 2/19
  • Passed in the House of Representatives - Y:48 N:17 3/9
  • Signed by Governor 4/4

SB 4 Campaign Public Financing Changes limits distribution of funds in uncontested races. It clarifies how contributions and matching funds can be used and how they are accounted for.

  • Passed in the Senate - Y:34 N:1. 2/19
  • Passed in the House of Representatives - Y:59 N:0 3/9
  • Signed by Governor 4/3

HB 57 Restore Felon Voter Rights would have eliminated the disqualification from voting in NM for persons convicted of a felony; they would never lose their right to vote, including while incarcerated. 

  • Reported out without recommendation by House State Government, Elections, and Indian Affairs on 1/25
  • Committee substitute passed by House Judiciary on 3/5
  • Died on House Floor without a vote

Health, Healthcare, and Healthcare Coverage

SB 279 /  HB 295 Health Security Act required a fiscal study of the Health Security Plan, which would insure that all New Mexicans have comprehensive, affordable health care coverage.

SB 279

  • Passed Senate Public Affairs on 2/8
  • Died in Senate Judiciary. (Senator Richard Martinez, Chair)

HB 295

  • Passed House Health & Human Services 2/8,
  • Passed House State Government, Elections & Indian Affairs 2/25;
  • Amended on House floor 2/28, removing the appropriation; tabled and referred to House Appropriations and Finance
  • Died in House Appropriations & Finance without a hearing (Rep. Patty Lundstrom, Chair)

 HM 92 was introduced as a substitute on 3/13,

  • Passed House Appropriations & Finance, 3/13
  • Passed the House Floor 46-18 on 3/15.

Memorials don’t need to pass both floors or be signed by the Governor. The Health Security for New Mexicans Campaign cleverly used a Memorial to bypass the Senate, and since Memorials can’t include funding, so bill sponsors worked with legislators to insert $389K into the budget junior bill to fully fund the study called for in the original bill.

HB 416 / SB 405 Medicaid Buy In Act would have provided greater access to quality, affordable healthcare by implementing a program to allow New Mexicans not currently eligible for Medicaid, Medicare, or Affordable Care Act Subsidies to pay monthly premiums to “buy in” to Medicaid, by January 2021.

HB 416

  • Passed House Health & Human Services on 2/18;
  • Died in House Appropriations & Finance without a hearing. (Rep. Patty Lundstrom, Chair)

SB 405

  • Passed Senate Public Affairs on 2/15;
  • Died in Senate Finance where it died without a hearing. (Sen. JA Smith, Chair)

HB 89 Health Coverage for Contraception requires individual and group health insurance policies to provide at least one form of each type of contraception as part of its benefits, without discrimination as to cost, amount, or provider limitations. Includes all necessary medical examinations, consultations, education, and assistance in use.

  • Passed in the House of Representatives - Y:40 N:24 2/18
  • Passed in the Senate - Y:25 N:8. 3/14
  • Signed by Governor 4/4

SB 670 Patient Safe Staffing Levels would have required hospitals to establish staffing levels (particularly safe nurse-to-patient ratios) for hospital nursing units and to post and report daily hospital nursing unit patient census and staffing levels. It would allow a nurse to refuse an assignment if the nurse did not have the training, education, or experience to ensure patient safety.

  • Passed Senate Public Affairs on 3/6
  • Died in Senate Judiciary where it was never scheduled for a hearing. (Sen. Richard C. Martinez, Chair)

Immigrant Justice

SB 196 / HB 195 No Resources for Federal Immigration Law was endorsed by Somos Un Pueblo Unido. They felt it would have had more impact than the No Funds for Border Walls bill from 2018, as that bill was largely symbolic and could be bypassed by the Feds. This bill would have greatly benefitted our immigrant neighbors. 

HB 195

  • Died in House State Government, Elections & Indian Affairs without a hearing. (Georgene Louis, Chair)

SB 196

  • Passed Senate Public Affairs on 1/28;
  • Died in Senate Judiciary without a hearing. (Sen. Richard C. Martinez, Chair)

 

HB 141 State Disclosure of Sensitive Info.  would have prohibited state agencies from releasing personal information: genetic info; SSNs, Tax ID Numbers or addresses; a person’s status as a recipient of public assistance or a crime victim; and a person’s sexual orientation, gender identity, physical or mental disability, immigration status, national origin, or religion.

  • Passed House State Government, Elections & Indian Affairs on 2/5,
  • Passed House Judiciary on 2/18;
  • Passed full House 43: 24 on 2/24.
  • Passed Senate Public Affairs 3/8;
  • Died in Senate Judiciary where it died without a hearing. (Sen. Richard C. Martinez, Chair)

 Indigenous Justice

HB 100 Replace Columbus Day as Indigenous Peoples Day replaces Columbus Day with Indigenous Peoples’ Day.

  • Passed in the House of Representatives - Y:50 N:12 2/7
  • Passed in the Senate - Y:22 N:15. 3/14
  • Signed by Governor 4/2

 

HB 278 Missing and Murdered Indigenous Women creates a task force to study the jurisdictional gaps, reporting gaps, lack of coordination among law enforcement, uneven media coverage, among other issues that contribute to the issue of murdered and missing Indigenous women in New Mexico. 

  • Passed in the House of Representatives - Y:62 N:0 3/8
  • Passed in the Senate - Y:40 N:0. 3/14
  • Signed by Governor 3/28

LGTBQ Justice

 

SB 227 Additional Unlawful Discrimination Practices amends a section of New Mexico’s Human Rights Act to include sexual orientation and gender identity to the classes protected from unlawful discrimination by all employers in the state and removes an exemption for small businesses

  • Passed in the Senate - Y:36 N:0. 2/27
  • Passed in the House of Representatives - Y:59 N:0 3/13
  • Signed by Governor 3/28

SB 20 Sex Designation on Vital Records allows transgender, gender expansive, gender non-conforming, non-binary New Mexicans to confirm gender on their NM birth certificate without surgery. It protects against sexual discrimination by amending the Vital Statistics Act to allow the State Registrar to amend, correct, or change a birth certificate with a new name, sex designation, or gender identity, or to show paternity. 

  • Passed in the Senate - Y:26 N:13. 2/5
  • Passed in the House of Representatives - Y:33 N:14 3/10
  • Signed by Governor 3/28

Wildlife Protection

SB 76 Prohibit Coyote Killing Contests prohibits coyote killing contests on both public and private land.

  • Passed in the Senate - Y:22 N:17. 2/27
  • Passed in the House of Representatives - Y:37 N:30 3/13
  • Signed by Governor 4/2

Women & Children’s Justice

HJR 1 Permanent Funds for Early Childhood would have allocated an additional 1% from the Permanent Fund for early childhood education. (New Mexico’s Permanent Fund is currently at nearly $18 billion.)

  • HJR 1 passed full House 41:27 on 2/15, but then
  • Died in Senate Rules, tabled by a 7:4 vote with Sens. Mary Kay Papen, Clemente Sanchez, and Bill Talman voting with Republicans to kill the measure.
  • SB 671, the replacement bill for HJR 1, (at 1/2% instead of 1%) was introduced immediately by Linda Lopez, Chair of the Rules Committee
  • Passed by Senate Education 3/6,
  • Died in Senate Finance where it died without a hearing. (Sen. JA Smith, Chair)

HB 51 Decriminalize Abortion would have rescinded a 1969 statute making abortion illegal in NM in most instances.

  • Passed full House 40:29 on 2/6;
  • Passed Senate Public Affairs on 3/1;
  • Passed Senate Judiciary 3/12; 
  • Died on the Senate Floor 18:24. Democrats Campos, Cisneros, Martinez, Munoz, Papen, Ramos, Sanchez, Smith voted NO on HB 51.

HB 160 Requirements for Childcare Assistance would have eliminated the “cliff effect,” when a raise in pay makes a family ineligible for a childcare public benefit even though the increased income is less than the value of the benefits lost. 

  • Sent to House Health & Human Services 1/17.
  • Died in House Health & Human Services without a hearing. (Rep. Deborah Armstrong)

 

Showing 1 reaction

Please check your e-mail for a link to activate your account.
  • Giselle Piburn
    commented 2020-02-05 10:45:16 -0700
    Thanks SO much. Can you make this page available to print ie pdf or the like?