New Mexico

Dem lawmakers ram through bad bills ahead of Saturday adjournment

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On Friday, New Mexico legislative Democrats rammed through many extreme bills during the last full day of the 2023 Legislative Session.

Some of these bills included: 

S.B. 53: Trying to preempt Holtec from building a nuclear storage facility in southeastern New Mexico. Democrats, including sponsor Rep. Matthew McQueen (D-Santa Fe, Sandoval), erroneously claimed the company would make the state the “dumping ground” of spent nuclear fuel but failed to talk about how safe the facility is or the vast economic opportunities its location in the Land of Enchantment would be. It passed on a mostly party-line 35-28 vote. It was quickly signed by Democrat Gov. Michelle Lujan Grisham.

S.B. 13: The chamber endorsed the radical bill that would censor pro-life speech and ban extradition of criminal abortionists who break the law in other states passed the House despite bipartisan opposition and a lengthy three-hour debate. It passed 38-30, with six Democrats joining all Republicans in opposition. 

S.B. 468: The bill declaring a state holiday for the radical far-left labor activist Dolores Huerta passed the House by a vote of 50-10.

S.B. 426: The bill creates a new civil rights division in the Attorney General’s Office that will cost New Mexicans millions over the next three-year period. Its creation was because of the state’s Civil Rights Act which attacks local government and police departments by opening the door to floodgates of frivolous lawsuits.

All anti-gun bills other than H.B. 9, which would mandate the locking up of firearms, appear to be dead as both houses of the legislature speed ahead toward a 12:00 noon adjournment on Saturday.

One key item of legislation, H.B. 547, a tax package that could raise taxes by over $114 million annually, is still up in the air due to the House and Senate not agreeing on the bill’s provisions. It could pass on Saturday if both chambers agree with changes made in a conference committee.  

There have been rumors Gov. Lujan Grisham is thinking about a special session, but news of such a move would likely only be known following the end of the current session.

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Many Dem anti-gun bills facing likely death as legislature wraps up

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As of Thursday, the New Mexico House and Senate have passed one anti-gun bill that has been sent to Democrat Gov. Michelle Lujan Grisham for a signature — H.B. 9 felonizing New Mexicans who do not lock up their guns.

However, other anti-gun bills are waiting in the legislature waiting for either the House or Senate to take action.

S.B. 44, sponsored by Sen. Peter Wirth (D-Santa Fe), bans citizens from carrying a firearm within 100 feet of a polling place during an election, including absentee ballot drop boxes. There are no exceptions for concealed carry or for having a firearm in one’s car within 100 feet of that polling location. The bill has passed through the Senate but still awaits action by the House to approve it.

S.B. 428 by Sen. Joseph Cervantes (D-Doña Ana), which targets firearm retailers and manufacturers, is an “attempt to circumvent the Federal Protection of Lawful Commerce in Arms Act through New Mexico’s Unfair Practices Act. The bill would try [to] make it easier to sue a firearm manufacturer or retailer in New Mexico,” according to the New Mexico Shooting Sports Association. The bill would still need to advance from House Judiciary Committee and then be passed by the full House, which is unlikely. 

H.B. 100 and 101 by Rep. Andrea Romero (D-Santa Fe) have yet to advance to the full House. H.B. 101, which is to mandate a 14-day waiting period before firearm purchases, has not been scheduled for a floor vote. 

H.B. 100, which would make most New Mexico gun owners felons by labeling their firearms over 10-round capacities “assault weapons,” has not been scheduled for House Judiciary Committee. Due to the late date, it is likely dead since it has not even passed through one house. 

A similar bill in the Senate, S.B. 427 By Cervantes and Romero, has yet to pass through the full Senate.

S.B. 116 by Sen. Carrie Hamblen (D-Doña Ana) would mandate a person must be 21 to purchase a firearm. The bill is still stuck in the Senate Judiciary Committee and is likely dead since it has not even passed through the full Senate chamber yet.

On Saturday, March 18, 2023, at 12:00 noon, the 2023 Legislative Session will end, where the final results will show if Democrats can successfully ram through any other anti-gun bill before the clock runs out. 

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House committee kills Dem ‘paid family leave’ bill

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On Monday, the House Commerce and Economic Development Committee voted 6-5 to table S.B. 11, a proposal mandating up to 12 weeks of “paid family leave” for all New Mexico businesses.

The move would have been a multi-million dollar tax on employees that would have forced small businesses and employees to pay into a fund for paid leave. 

According to the group Better Together New Mexico, “SB 11, the Paid Family Medical Leave Act  (PFMLA) is estimated to cost well over $400 million dollars if it becomes law. This act forces employees and employers to pay out of pocket into a fund managed by the New Mexico Department of Workforce Solutions. That’s the same agency that overpaid an estimated $250 million dollars in unemployment benefits during 2020-21.”

“Many New Mexicans are already dealing with the financial strain of inflation, and for many families, an additional .5% of their wages would go into this state-managed fund.”

The bill carried by Rep. Linda Serrato (D-Santa Fe) died with two Democrats, Reps. Patricia Lundstrom (Gallup) and Marian Matthews (Albuquerque) voting with all four Republicans against the costly measure.  

“Lundstrom also expressed concern about the long-term solvency of the initial fund, saying it’s likely businesses would have to pay more to keep it afloat down the line,” according to the Santa Fe New Mexican.

With the 2023 Legislative Session ending at noon on Saturday, the bill is undoubtedly dead.

Supporters of the extreme bill, including AARP New Mexico, told reporters they are optimistic the bill will come back in another legislative session, despite its extreme cost to businesses and workers, who would be significantly taxed for the socialized program.

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Dems’ extreme election code rewrite heads to governor’s desk

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On Monday, the New Mexico House of Representatives voted 42-25 to concur with the Senate’s changes of H.B. 4, an extreme rewrite of many portions of the state’s election code. The bill now goes to the governor’s desk.

Provisions in the bill would erode election security by letting felons vote, mandating a permanent absentee voter list, ballot drop boxes, and mandating voters be automatically registered at the Motor Vehicle Division (MVD), where they would have to opt out by mail.

There were many concerns in committees and during floor discussions about the bill infringing on religious freedoms because some religions do not permit voting. Forcibly registering people to vote would be a violation.

According to the bill’s fiscal impact report, the Taxation and Revenue Department reports that “implementation of this bill will have a high impact on its IT Division. The estimated time to develop, test, and implement the changes is approximately 2,704 hours or 17 months and approximately $717,700 ($567,800 contractual resources including gross receipts tax and staff workload costs of $149,900). The bill will require MVD to partner with [the Secretary of State’s office] to make changes to the interface between the two agencies.”

According to the New Mexico Sun, “The New Mexico Business Coalition (NMBC) strongly opposes HB 4. NMBC President Carla Sonntag published a letter arguing that the legislation would endanger both voting rights and voting system integrity in many ways, including automatically registering voters without their consent, increasing the likelihood of non-U.S. citizens being registered to vote and giving full voting rights to felons prior to completion of parole/probation.”

Provisions on the Senate side that were amended in include giving county clerks the opportunity to get waivers from the Secretary of State’s office to opt out of ballot drop boxes and clarifying language regarding prisons and detention facilities.

The bill now goes to Democrat Gov. Michelle Lujan Grisham’s desk for a signature.

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Dems block attempt to hear bill fixing medical malpractice catastrophe

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On Saturday, New Mexico state Rep. Bill Rehm (R-Bernalillo) made a motion on the House floor to remove H.B. 88, which has been languishing in the House Health and Human Services Committee and add it for consideration by the full House.

H.B. 88 amends the Medical Malpractice Act to replace the unreasonable $4 million claim cap with only a $750,000 cap to keep healthcare providers in the state. 

Dozens of physicians and other medical professionals were in the House gallery waiting for the Legislature to take action on the critical bill that would retain doctors in the state.

Democrats objected to Rep. Rehm’s motion, claiming “the motion is proper,” as Rep. Andrea Romero (D-Santa Fe) stated, but it was not in congruence with the history of the chamber. 

Speaker Javier Martinez (D-Bernalillo) ruled that Rehm’s motion was out-of-order. The motion to uphold his order passed on a vote of 40-26. Another motion by Rep. Rehm to withdraw the bill from the Health and Human Services Committee to the House Judiciary Committee also failed, with a 39-27 vote.

“It is no secret that doctors are leaving our state, we are in crisis, and it is being ignored by Democrats,” said State Rep. Bill Rehm (R-Albuquerque). “So many New Mexicans will be disappointed to learn their healthcare has again been threatened in favor of a political agenda.” 

“If not now, then when? When will the Legislature take the time to properly address this doctor crisis?” said Ranking Republican on the House Health and Human Services Committee, Jenifer Jones (Deming). “Using the committee process as an excuse is just that, New Mexicans need healthcare and not excuses.”

“We have stood adamantly against the regressive medical malpractice changes that created this unnecessary crisis that is forcing New Mexicans to lose their doctors,” said State Rep. Jim Townsend (R-Artesia). “New Mexicans should not be forced to endure extended wait times or travel clear across the state or sometimes across state borders to get healthcare. This is a crisis, and it is disappointing that Democrats are refusing to right the wrong they created.”

The doctors walked out of the chamber after the move to take action on the important issue failed.

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Dem bill forcing public bodies to facilitate abortions, ‘gender-affirming care’ passes

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On Friday, the New Mexico House of Representatives concurred with changes the state Senate made to the extreme H.B. 7 sponsored by Rep. Linda Serrato (D-Santa Fe). 

The bill, if signed, will ​​force public bodies to facilitate abortions and “gender-affirming care” (transgender treatments and surgeries) or face lawsuits.

The bill also explicitly bans municipalities and counties from passing local laws to protect children in the womb from being aborted, meaning places like Roosevelt County would be banned from enforcing their ordinances.

The bill would “prohibit public bodies from discriminating against persons based on their use or non-use of reproductive or gender-affirming care,” meaning it could push teachers and any other public workers to support body mutilation for all ages, including children, as well as abortion, according to the bill’s fiscal impact report. 

So-called “gender-affirming care” means “psychological, behavioral, surgical, medication, and other medical services to support a person’s gender identity,” while “public bodies” are defined as “state and local governments, commissions, or boards established by the state and any branches of state government, such as school districts and universities, that receive state funding.” It would also open up conscientious objectors to civil suits.

According to New Mexico Alliance for Life (NMAFL), “Analysis provided by the ACLJ, reveals the legalized infanticide portion of HB 7 in section 3C mirrors language of radical California and Maryland bills that shocked the nation. In an effort to deceive the public, the abortion lobby behind HB 7 tried to sneak in the operative term, “perinatal” as a part of “reproductive health ” into another section, 2C. **Perinatal as defined in legal terms, encompasses up to 28 days after birth.”

The bill passed the House on concurrence 39-29, with Democrat Reps. Harry Garcia of Grants, D. Wonda Johnson of Church Rock, Patricia Lundstrom of Gallup, and Joseph Sanchez of Alcalde voting with all Republicans against the bill.

Now, the legislation heads to Democrat Gov. Michelle Lujan Grisham’s desk, where she has signaled she will sign it. 

During the Senate debate on a similar bill, leftists attacked pro-life state Sen. Crystal Diamond (R-Deming) for opposing the anti-life legislation.

A left-wing Twitter account reportedly wrote, “The only thing that this going to top off the misogyny right now is for #senatebarbie @CrystalRDiamond to make some stupid comment that only applies to wealthy white conservative women.”

State Sen. Mark Moores (D-Bernalillo) said in response on the Senate floor, “I hope this body steps up and defends this senator, who is a hell of a senator,” adding, “You guys want to talk about misogyny. Let’s see if people in this chamber call out that kind of talk on Twitter. It’s inappropriate. I’m going to defend her. That was crap, Mr. President.” 

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Bill to erode election security one hurdle away from becoming law

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On Wednesday, the New Mexico Senate voted 27-14 to pass H.B. 4, an extreme rewrite of many portions of the state’s election code. 

Provisions in the bill would erode election security by letting felons vote, mandating a permanent absentee voter list, mandatory ballot drop boxes, and mandating voters be automatically registered at the Motor Vehicle Division (MVD), where they would have to opt out by mail.

There were many concerns in committees and during floor discussions about the bill infringing on religious freedoms because some religions do not permit voting. Forcibly registering people to vote would be a violation.

According to the bill’s fiscal impact report, the Taxation and Revenue Department reports that “implementation of this bill will have a high impact on its IT Division. The estimated time to develop, test, and implement the changes is approximately 2,704 hours or 17 months and approximately $717,700 ($567,800 contractual resources including gross receipts tax and staff workload costs of $149,900). The bill will require MVD to partner with [the Secretary of State’s office] to make changes to the interface between the two agencies.”

According to the New Mexico Sun, “The New Mexico Business Coalition (NMBC) strongly opposes HB 4. NMBC President Carla Sonntag published a letter arguing that the legislation would endanger both voting rights and voting system integrity in many ways, including automatically registering voters without their consent, increasing the likelihood of non-U.S. citizens being registered to vote and giving full voting rights to felons prior to completion of parole/probation.”

Following the Senate vote, Republican Senate Leader Brian Baca said in a statement, “I am incredibly disappointed in the Secretary of State and Democratic legislators who put progressive special interests above the people of New Mexico with the passage of this legislation,” adding, “The only beneficiaries of this legislation are felons and those seeking to compromise the integrity of our elections.”

While the bill was in the House, Republicans attempted to amend it with a provision to require photo identification to vote, which all died. In the Senate, Republicans attempted to add amendments, including one to create an opt-in system for the MVD registrations. Those attempts failed also.

Since the Senate amended the bill in that chamber, it will now have to go back to the House for concurrence. If that happens, it will go to Democrat Gov. Michelle Lujan Grisham’s desk, where she is all but guaranteed to sign it. New Mexicans can contact their state representatives to ask them to oppose the bill.

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Dem anti-gun bill heads to Gov. Lujan Grisham’s desk for a signature

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On Wednesday, the New Mexico House of Representatives concurred with changes to an anti-gun bill that were made in the state Senate, sending H.B. 9 by Rep. Pamelya Herndon (D-Bernalillo) to Democrat Gov. Michelle Lujan Grisham’s desk.

The bill would force citizens to lock up their firearms in “a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm.”

If the gun owner does not lock up any and all firearms and their gun is somehow used in an offense by a minor causing “great bodily harm” or death, the parent of that child could be made a felon if the victim of the crime is killed or permanently disabled.

The bill included an amendment from the state Senate that created an exception for minors who have the “authorization of the minor’s parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose.” The “lawful purpose” language would likely keep some people out of jail for not following the vague and confusing law.

It is unclear how the bill if signed, would be enforced since it is a reactionary piece of legislation based on if someone is harmed or killed by a weapon. 

The bill passed on a 34-28 vote with Democrat Reps. Ambrose Castellano of Ribera, Harry Garcia of Grants, Tara Jaramillo of Socorro, Patricia Lunstrom of Gallup, Willie Madrid of Chaparral, and Joseph Sanchez of Alcalde voting alongside all Republicans against concurrence.

Other anti-gun bills have not advanced as far as H.B. 9, but with fewer than nine days left in the legislative session, the likelihood of their passage declines significantly.

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Santa Fe judge releases alleged pedophile pre-trial

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On March 3, 2023, a former teacher at Holy Cross Catholic School in Santa Cruz, Calvin Robinson, 41 of Española, was released on an ankle monitor after his February 14, 2023, arrest on sex crimes charges.

Robinson was held on one count of criminal sexual penetration in the second degree, three counts of criminal sexual contact of a minor in the second degree, two counts of criminal sexual contact of a minor in the third degree (all felonies), and one count of enticement of a child, which is a misdemeanor.

The suspected pedophile was released pre-trial by Santa Fe District Judge T. Glenn Ellington of Division VII, a Democrat, on March 2, 2023, according to court records. Robinson was placed on the pretrial services electronic monitoring program.

“[Robinson] has demonstrated by his conduct with [the girl] that he has a single-minded determination when he has selected a young victim, strongly suggesting that any child within [his] orbit is in danger,” Assistant District Attorney Shelby Bradley wrote in the Feb. 17 motion requesting a hearing aimed at keeping Robinson jailed, the Rio Grande Sun reported.

KOB 4 News reported that Robinson was accused of “allegedly abusing a 13-year-old student” at the school. According to an archive of the Holy Cross school’s website, Robinson taught fifth grade.

The outlet further reported, “The victim, who attended the elementary school from Aug. 2021 until May 2022, came forward in January to report the crimes. The sexual abuse claims were corroborated by other students at the school, prosecutors said.”

“[T]he victim was seated next to Robinson’s desk when the teacher unzipped her pants and placed his hands inside, records allege. The child tried to push Robinson’s hands away several times, police said. When she wouldn’t unzip her pants, Robinson unzipped them, police said.” Multiple assaults allegedly happened on the young girl, including repeated touching and kissing.

It is unclear when the alleged pedophile’s court date will be, but without New Mexico’s bail system, it appears this led to the release of the accused sex criminal.

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Radical abortion, infanticide, ‘gender-affirming care’ bill advances

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On Tuesday, the New Mexico state Senate passed H.B. 7 by Rep. Linda Serrato (D-Santa Fe) and Sen. Katy Duhigg (D-Rio Rancho) to force public bodies to facilitate abortions and “gender-affirming care” (transgender treatments and surgeries) or face lawsuits.

The bill also explicitly bans municipalities and counties from passing local laws to protect children in the womb from being aborted, meaning places like Roosevelt County would be banned from enforcing their ordinances.

The bill would “prohibit public bodies from discriminating against persons based on their use or non-use of reproductive or gender-affirming care,” meaning it could push teachers and any other public workers to support body mutilation for all ages, including children, as well as abortion, according to the bill’s fiscal impact report. 

So-called “gender-affirming care” means “psychological, behavioral, surgical, medication, and other medical services to support a person’s gender identity,” while “public bodies” are defined as “state and local governments, commissions, or boards established by the state and any branches of state government, such as school districts and universities, that receive state funding.” It would also open up conscientious objectors to civil suits.

After debate in the Senate, the chamber passed the bill 23-15, now sending it back to the House after amendments made in the Senate Judiciary Committee.

If the House passes the bill on concurrence, it will then go to the governor for a signature, and Democrat Gov. Michelle Lujan Grisham has already signaled her support. 

According to New Mexico Alliance for Life (NMAFL), “Analysis provided by the ACLJ, reveals the legalized infanticide portion of HB 7 in section 3C mirrors language of radical California and Maryland bills that shocked the nation. In an effort to deceive the public, the abortion lobby behind HB 7 tried to sneak in the operative term, “perinatal” as a part of “reproductive health ” into another section, 2C. **Perinatal as defined in legal terms, encompasses up to 28 days after birth.”

NMAFL’s executive director wrote following the vote, “Today was a tragic day for our state as a majority of New Mexico Senate Dems voted in favor of radical HB7’s unscientific infanticde, abortion and transgender mandate. It’s really shameful that the sponsors misled the public throughout this process, until today, Senator Duhigg admits HB 7 is indeed a mandate and aims to “change behavior” regardless of conscience objections, long-term health impact, and parent’s rights.”

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