LEGISLATIVE ROUNDUP: Bill to Plan the Future of the State Fairgrounds Heads to Senate Finance

BILL TO PLAN THE FUTURE OF THE STATE FAIRGROUNDS HEADS TO SENATE FINANCE
We’ve come a long way, baby. 1938 is the year the State Fair opened at its current location. For some years now, discussions have occurred about moving the State Fair to a new location. That conversation has been opened again with the introduction of Senate Bill 481, sponsored by Senate President Pro Tempore Mimi Stewart (D-Bernalillo). The bill seeks to establish a new state fair district, with a governing board, that would develop a plan for the use of more than 200 acres of land and generate up to $1 billion to implement that plan. The Senate Tax, Business and Transportation Committee approved the measure this afternoon on a 6-3 vote.

 

Terri Cole, president and CEO of the Chamber, testified in support:

 

“If you will, travel back in time with me to 1938, the year the current fairgrounds was first utilized – it was outside the city limits, there were only horse stables on the corner of San Pedro and Central. Even UNM was considered ‘out of town.’

“Almost 90 years later, the city has grown up around the fairgrounds, and it’s way past time that we move forward to find a new home for the fair. I don’t know exactly where that is, and that’s what SB 481 is about – giving a platform to look at all the choices, make a decision and then move forward. I say it’s about time because I served on a commission to look at this very issue during the Richardson administration. We’ve kicked this can down the road way too long. We urge you to support SB 481.”

Our current governor is pushing for this bill as a way to revitalize the blighted community that surrounds the fairgrounds. She and others have a vision of affordable housing, a community center, open space, retail and commercial stores and walking/biking paths. The hope is that such redevelopment would stimulate new interest in improving the community with more new housing and retail development. Whether this vision can be realized is the subject of a detailed strategic plan called for in the bill which, before bonds could be sold to finance the plan, must be approved by the State Board of Finance. Bonds would be repaid from the state’s share of GRT from the casino and other on-site revenue sources, for openers. Bond sales would have to be approved both by the State Board of Finance and the Legislature. These are revenue bonds to be repaid from project proceeds and do not pledge the credit of the state for repayment.

One aspect of the bill that Senate Majority Floor Leader Sen. Peter Wirth (D-Santa Fe) and Sen. Natalie Figueroa (D-Bernalillo) found troublesome is an exemption from the procurement code which, among other things, forbids bribery and kickbacks. Wirth offered an amendment to remove this exemption, which was accepted by the sponsor and the committee. Stewart will work on this section before the bill is considered next by the Senate Finance Committee. Senate Minority Leader William Sharer (R-San Juan) voiced concern over whether there is adequate oversight to prevent “waste, fraud and abuse.” Apparently, he wasn’t satisfied with the answers given, as three of four Republicans on the committee voted against the bill. Senate Finance will pick up the ball next, and we’ll keep you informed.

WATER-QUALITY REGULATION BILL MOVES THROUGH 5 COMMITTEES TO HOUSE FLOOR
Even though we have reservations about Senate Majority Leader Peter Wirth’s (D-Santa Fe) Senate Bill 21, we admire and respect the way he goes about working legislation through the process, the way he manages the Senate floor and his kind demeanor through it all. In a nutshell, SB 21, because of a U.S. Supreme Court decision, would take over federal administration of the Clean Water Act in order to protect now-unregulated “ephemeral” waters, i.e. arroyos and creeks that don’t flow all the time. That’s really a gross oversimplification, but you get the gist of it. Today, the House Energy, Environment and Natural Resources Committee sent the bill to the House floor on a 5-4 vote (it wasn’t really that close, a few Democratic members were out presenting bills elsewhere).

Wirth determines what and how many committees a bill gets assigned. Heck, if Wirth wanted to he could give his own bills one committee referral and bam, zip, the bill’s out of the Senate in a flash. That’s not how he does business. He has a deep respect for the legislative process and the law. He wants to get it right. So, he gave SB 21 three committee referrals in the Senate – Conservation, Judiciary and Finance. Triple referrals are often considered the death knell for a bill. He listened to and worked with stakeholders and made many, many changes in response. His bill underwent two committee hearings in the House, is now on the House floor and most assuredly will hit the governor’s desk.

We’ve written extensively about this bill, and here’s why:

In 2023, the U.S. Supreme Court, in a case known as the Sackett decision, ruled that the Clean Water Act applied only to U.S. waters that are free-flowing and any associated wetlands. Think of the Mississippi, the Missouri and other large, free-flowing rivers. Not many of those in New Mexico. In fact, because of the decision, about 95% of New Mexico’s waters are left high and dry, so to speak, with no water quality regulation and oversight. Think of arroyos and rivers like the Santa Fe that flow intermittently or only when it rains. Under the federal Clean Water Act, states are allowed to take over regulation from the EPA once an approved plan has been accepted. Forty-seven out of the 50 states do this currently, and thus, SB 21 was developed.

Our reservations, which we’ve expressed through all the hearings, are not about ensuring good water quality but about whether the New Mexico Environment Department can really implement this plan – it takes 50 new employees and $8 million over the next couple of years – and whether the rulemaking process will really be fair to all stakeholders. We’ve seen rulemakings where the advocates for strict controls far outweigh the voices from industry and agriculture that have to live with the rules. We’re assured that won’t happen in this case. Time will tell.

7-0 VOTE SENDS MATH AND READING

TUTORING BILL TO THE SENATE FLOOR

Tuesday morning, the Senate Finance Committee worked quickly through its handful of bills. One of those being heard was Senate Bill 434, Public Schools: Accelerated Instruction for Math or Reading Deficiencies, sponsored by Sens. Steve D. Lanier (R-San Juan), Nicole Tobiassen (R-Bernalillo), James G. Townsend (R-Eddy & Otero) and Minority Whip Pat Woods (R- Curry, Harding, Quay & Union). The bill creates a new section of the Public School Code requiring schools to notify parents if their student is identified as having math or reading deficiency based on the statewide assessment. Schools would need to provide these students with necessary academic support or interventions and accelerated instruction by licensed and trained personnel. It also further requires schools to provide regular written progress reports to the parents of students receiving accelerated instruction.

Prior to discussion, Lanier made an amendment to the bill to say that not all students will have a high-impact tutor during the day; some will have to be after school. The amendment was accepted by the committee.

J.D. Bullington spoke in support of the bill on behalf of the Greater Albuquerque Chamber of Commerce:

“High-impact tutoring is an evidence-based solution for improving student outcomes. It’s proven to maximize student learning, boost academic proficiency and improve attendance. The University of Chicago found that this program can double or even triple student learning within a single academic year. In Tennessee: test scores increased eight points in English, 10 points in math after implementing high-impact tutoring. And a recent study at Stanford University found that high-impact tutoring had the largest impact on chronically absent students, improving their attendance by at least five days. We respectfully ask for your support of SB 434.”

Majority Whip Sen. Michael Padilla (D-Bernalillo) asked if there are already schools with the job title of “high-impact tutor” and questioned who is going to provide the tutoring, as well as where the funding is going to come from. Amanda Aragon, NewMexicoKidsCAN! executive director, said the bill allows for flexibility and that if a district wants to use their own staff, they may do so. Each school would also be responsible for managing the process, and the program would run on 10-week intervals and then be assessed from there.

Sen. Linda M. Trujillo (D-Santa Fe) voiced concern over the definition of “high-quality tutor” and the bill saying the person has to be licensed. She continued to ask for the specification of the license, as she referred to a Santa Fe-based program called Math Amigos, where a group of retired professionals volunteer to work with students on math skills. “My concern is we haven’t given any criteria for PED to approve them. I would hate to see the work that these volunteer organizations are doing kind of get shut out because there’s this other requirement that they have to do, you know, that the schools have to adhere to. I also am curious to see how this all fits in with the organizations that already exist.”

Trujillo offered to sit down with the sponsors to streamline the bill so it fits with programs already in existence. Committee Chair Sen. George Muñoz (D-Cibola, McKinley & San Juan) suggested that Trujillo make an amendment on the Senate floor to keep the bill moving forward.

A “do-pass” motion was made, and the committee voted in favor of the bill 7-0, as amended. The bill heads to the Senate floor. We’ll keep an eye out for the bill and promised amendment on the Senate floor.

SOCIAL WORK LICENSURE COMPACT PASSES SENATE FLOOR UNANIMOUSLY
New Mexico is another step closer to entering into a national social work licensing agreement after Senate Bill 105, Social Work Licensure Interstate Compact, sailed off the Senate floor 36-0. The bill, sponsored by Sen. Linda M. Trujillo (D-Santa Fe), enters New Mexico in the Social Work Licensure Interstate Compact.

The compact is a formal agreement among participating states to recognize each other’s social work licenses. This agreement simplifies the process for social workers to obtain licenses in multiple states, eliminating the need for them to navigate the complex and often inconsistent requirements that vary from state to state.

There are currently 10 major interstate medical licensure compacts established throughout the country, but New Mexico only participates in the nursing compact. It takes an act of the Legislature to enter an interstate compact, and this year the Chamber is supporting nine different bills making their way through the House and Senate. The nine major medical compacts include medical licensure and other specialty areas such as audiology and speech-language pathology, occupational therapy, physical therapy, counseling, physician assistant, dentist and dental hygienist, emergency medical services, and psychology. Social work is another one, thought it’s not considered a “major” medical compact.

Trujillo has dubbed herself the “Compact Queen” this year, as she’s the primary sponsor of most of these compact bills. Trujillo is a former superintendent of the Regulation and Licensing Department, which manages professional licensing.

In past years, most “compact” bills get bottled up in one of the Judiciary committees, often on the Senate side. SB 105 passed Senate Judiciary on an 8-0 vote before clearing the Senate today.

On the Senate floor, Sen. Katy Duhigg (D-Bernalillo) talked about the Judiciary speed bump. “For years and years, Senate Judiciary has been where compacts go to die because there is language in them often that is not appropriate for New Mexico. And it’s really frustrating because I know these compacts have huge potential to do a lot of good in our state. And so I’m just really grateful for the approach that the sponsors have taken on this one, and really proud that we could finally get a compact out of Senate Judiciary.”

Several other compact bills are waiting for hearings in Senate Judiciary. If SB 105’s progress is any indication, perhaps there is an appetite this year to finally get the wording right to push these bills over the finish line and enter New Mexico in these various compacts.

 

The Greater Albuquerque Chamber of Commerce supports this bill, as do the Military Base Planning Commission and Department of Defense. Both of those organizations pointed out that New Mexico’s participation in this and other compacts helps ensure the Air Force bases located in our state are in good standing when the federal government looks at closures.

AROUND THE ROUNDHOUSE
Thanks for your hard work, citizen legislators!
As Speaker of the House Rep. Javier Martinez told the National Conference of State Legislatures last year, “New Mexico is the only remaining all-volunteer legislature in the country. That means that legislators don’t get a salary.” And while this year, for the first time in state history, state lawmakers each have an aide, it’s still a huge undertaking for each to represent their share of New Mexico’s 2 million residents – especially in the nation’s fifth-largest state when it comes to sheer size.

And as you can see from our Legislative Legacy spread, there are many who have been doing just that, professionally and diligently, for decades. The Chamber has worked with these and other lawmakers for years, finding common ground where it matters and makes a difference for New Mexicans – including landmark bills this session on behavioral health and health care provider compacts.

 

In the flurry of activity that is a legislative session, it’s easy to forget the sacrifice and dedication of our citizen lawmakers. Here’s to our first-year representatives and senators, our veterans, and everyone in between – thank you for your hard work!

Line, please!
If you’ve ever listened to the Senate or House in action, you’ll notice that when a motion is made, some members rip through the motion so fast it’s hard to understand, while others do so at a much slower pace. Likely, the ones blazing through the words are experienced legislators who have memorized the script. (For what it’s worth, we’ve memorized it too!)

The script?

Yep, there’s a legislative bible of sorts, available online, called the Legislative Handbook. There are many wonderful and interesting things in the handbook, including the scripts for making a motion on different topics. Here’s the one used for placing a measure on final passage in the Senate:

I ASK UNANIMOUS CONSENT OF THE SENATE THAT THE RULES BE SUSPENDED, AND THAT THE RECORD SHOW THAT ALL ACTION FOR PLACING (SENATE) (HOUSE) (BILL) (RESOLUTION OR JOINT RESOLUTION) (MEMORIAL OR JOINT MEMORIAL) ______________ ON FINAL PASSAGE HAS BEEN TAKEN, AND THAT IT IS NOW SUBJECT TO DEBATE, AMENDMENT OR SUBSTITUTION.

 

Every member of the Legislature has the handbook and the scripts handy at their desks.

SIGNING OFF FROM SANTA FE
Well, the Great Fairground debate took a step forward today. This is both an important and complex issue that is going to take a while to untangle. Just as an example, the racino has a newly minted 25-year lease. How does that compare with the vision of redevelopment? Can it be undone? At what cost? At the same time, it’s a rare opportunity to redevelop 200-plus acres right smack-dab in the middle of an urban area that desperately needs a massive boost. Stay tuned, this will likely be a saga.

 

Here’s a little-known historical fact: the Albuquerque International Balloon Fiesta’s origins can be traced back to March 11, 1972. On that day, radio station KOB-AM organized a small hot-air balloon rally in Albuquerque as part of the station’s 50th anniversary celebration. The event proved so popular that it became an annual occurrence and eventually grew into the world-renowned Balloon Fiesta. And, for today, we’re history. We’ll see you tomorrow – have a good night.

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