LEGISLATIVE ROUNDUP: Bill Advances to Keep Newborns Safe That Were Exposed to Drugs Prenatally

The bill makes major adjustments to a program meant to provide meaningful interventions to families of newborns where the mother has substance abuse issues and the newborn is found to have been exposed to those substances before birth. A 2023 Legislative Finance Committee evaluation of New Mexico’s Comprehensive Addiction and Recovery Act (CARA) policy found that the program has substantive gaps, and it recommended many of the statutory and program changes reflected in this bill.

The Chamber has actively supported this measure, which now heads to the House. Generally, CARA requires that health and child welfare officials enact “plans of safe care” when a child is born exposed or addicted to drugs or alcohol. The intent behind this critical child welfare policy is to keep families together when possible, instead of forcibly separating newborns and mothers and placing those children in foster care. For infants with prenatal substance exposure, Plans of Safe Care bring together affected families and various service providers — including maternal and infant health care, substance use disorder treatment, mental health treatment, early childhood and child welfare.

To put the depth of this issue into perspective, over a two-year period, New Mexico officials established plans of safe care for 3,770 infants who experienced prenatal substance exposure. The LFC estimates that roughly 6% of all births in New Mexico, or 1,200 newborns each year, will require a plan of safe care through this program.

TUTORING 39-0, SENDS IT TO THE HOUSE

From left, Sen. Ant Thornton (R-Bernalillo, Sandoval, Santa Fe & Torrance) offers his congratulations to former school teacher and fellow freshman Sen. Steve Lanier (R-San Juan) after Lanier presented and passed his very first bill creating a high-impact tutoring program in New Mexico’s public school system.

“Students in New Mexico continue to struggle to get back on track in reading and math. This new intervention, high-impact tutoring, has emerged and has proven to be more effective than 85% of other education interventions. High-impact tutoring is more than just homework where you hand out another worksheet, or a simple hot line or something like that. It is one-on-one tutoring: high dosage, structured interventions targeted toward our most struggling students. And research shows that high-impact tutoring is very effective.”

The Chamber has supported the bill in committees along the way, agreeing that 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 and 10 points in math after implementing high-impact tutoring. Louisiana jumped from 50th to 16th in fourth-grade reading and from 45th to 29th in eighth-grade reading. 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.

Rep. Linda Trujillo (D-Santa Fe) offered an amendment that allows volunteers to serve as tutors for this program. She says a Santa Fe-based program called Math Amigos sends retired professionals in to schools to work with students on math skills. Trujillo raised the issue in committee and promised this “friendly” amendment on the Senate floor, which senators quickly passed.

Lanier wrapped up his presentation with a most-important piece of information, “Importantly, this program is already funded: $7 million for this high-impact tutoring is already in the budget.”

The bill before the committee had been amended in the Senate Conservation Committee, where language was clarified concerning usage of water, water rights in the strategic water reserve and priorities for acquisition.

J.D. Bullington testified for the Chamber in support of the bill by saying:

“This bill augments and supports the purpose of the Strategic Water Reserve, which was created 20 years ago, as noted, by establishing a viable and responsible funding mechanism to fulfill the mission and purpose of that reserve. Given our status as a state in drought, coupled with increasing uncertainties about the future sustainability of our water resources, the timing of this initiative is critical. This bill will benefit not only our native communities, but it will also help ensure that as New Mexico continues to grow, our water resources will be managed more efficiently in both rural and urban areas while protecting existing basins that are critical to agricultural communities and more heavily populated centers.”

Standing alongside the Chamber in support Thursday were the Sierra Club Rio Grande Chapter, New Mexico Wild, New Mexico Chamber of Commerce, New Mexico Association of Soil and Water Conservation Districts, Conservation Voters of New Mexico, Think New Mexico, Audubon Southwest, American Rivers, EDF Action Fund, Rio Grande Indivisible, Ogallala Land & Water Conservancy Board and Friends of Bosque del Apache National Wildlife Refuge. There was no opposition to the bill.

After a few committee questions, a motion was made for a “do-pass” vote. With a vote of 4-3, the bill now moves to the House Appropriations & Finance Committee, its last committee.

The bill, sponsored by Rep. Tara Lujan (D-Santa Fe), allows the Public Regulation Commission (PRC) to approve low-income rates for gas and electric customers or other programs that can help low-income customers lower their home energy bills. According to sponsors, low-income consumers spend as much as 20% of their household income on utility bills.

Enrique C. Knell testified in support of the bill on behalf of the Chamber:

“It’s pretty obvious that many people are struggling to make ends meet post-COVID, and with the high prices for just about everything. This bill is designed to help low-income utility customers pay their bills. We think of this bill as a short-term measure of necessity rather than a permanent way of life. Our long-term goal should be the creation of many good, high-paying jobs in the private sector.”

Only trains have the right-of-way over all other traffic at railroad crossings. HB 160 would add “other on-track equipment” at all railroad-highway-grade crossings. “Other on-track equipment” is “any car, rolling stock or other device that alone or coupled to another device is operated on stationary rails.” The bill would require all drivers, including school bus drivers and drivers carrying hazardous materials, to abide by certain stopping distance requirements when approaching “other on-track equipment,” not just trains.

The Chamber has voiced support for the measure as it had been heard is committees, testifying that this is common-sense legislation to help protect both the public and train equipment operators. There has been an increase in accidents and injuries resulting from failure to stop, look and listen for any equipment operating on the rails, and this measure should help improve safety.

HB 160 was actually passed on a consent calendar, which is a legislative procedure that allows for the expedited passage of non-controversial bills without individual debate or discussion. Here’s how it typically works:

• Bills placed on the consent calendar are grouped together and voted on as a single package.
• These are usually bills that have broad agreement, little to no opposition and don’t require further debate.
• Any member of a committee can typically request that a bill be removed from the consent calendar if they want it to receive individual consideration.

Jaramillo then pushed his luck and told Sen. Jim Townsend (R-Eddy & Otero) he’d be wearing that varsity jacket on Friday after the Sun Devils beat the Artesia Bulldogs Thursday evening in Albuquerque. However, about 8 p.m. tonight, word came in that Artesia is headed to the 4A basketball championship after decisively beating Española 72-51. No word if Townsend will bring in an Artesia High School varsity jacket tomorrow. We’ll bring you the photo if he gets Sen. Jaramillo, also a good sport, to wear it.

The Bulldogs will play Highland High School for the state championship at 4 p.m. Saturday.

Sources of Capital Outlay

There are three main sources of funds used for capital outlay:

• Severance tax bonds (STBs) – bonds are issued to fund projects and repaid with revenues from taxes on oil, gas, coal and other extractive minerals. STBs fund a wide variety of state projects from nearly every agency.
• General obligation bonds (GOBs) – bonds are issued and repaid through property taxes and must be approved by voters at a general election. Thus, these funds are available only during even-numbered years, when general elections are held. GOBs are used to fund higher education, senior citizen center, public school and public library projects.
• Non-recurring general fund revenue – this happens only if there are surplus general funds available.

Getting the ball rolling

The Department of Finance and Administration and the General Services Department are tasked with preparing a five-year plan for major state capital improvement projects. State agencies develop lists of projects and include them in the Infrastructure Capital Improvement Plan database. Then, a panel of executive and legislative staff reviews the list of projects to include in the executive budget proposal, which is presented to the Legislature on the first day of each legislative session.

For local government projects, the Local Government Division of the Department of Finance develops the plan with input from almost all county, municipal, tribal and special district entities. Legislators can also propose capital outlay projects of their own. Typically, the Legislature and the governor prioritize funds for regional and state-owned and operated projects. Any remaining money is split between the House and Senate, which then allot an amount to each member for possible projects. These projects are the “pork” projects.

Legislative action

During the legislative session, capital outlay bills are introduced – usually one for STBs and one for GOBs (again, in even-numbered years). Along with the recommendations in the executive budget, legislators submit their requests, and the bills are massaged, depending on funds available, and are ultimately passed and sent to the governor. She may veto projects she does not agree with.

What kinds of projects qualify for capital outlay?

Typical capital outlay projects include:

• Planning, designing, constructing, equipping and furnishing community centers, senior centers, fire stations, libraries, courthouses and other buildings;
• Purchasing vehicles such as for fire departments, senior centers, schools or police departments;
• Street improvements;
• Park renovations or equipment;
• Water, wastewater system and acequia improvements;
• Improvements to existing buildings to comply with the Americans with Disabilities Act of 1990;
• Construction or renovations to state institutions of higher education; and
• Improvements or construction to buildings on Indian lands.

Capital outlay funding cannot be used for operating expenses, salaries, materials and supplies, events, brochures, pamphlets and publications or retroactive reimbursements of previous payments.

Given the number of hacks, sneezes and coughs, the Capitol crud is circulating. With all the people jammed into the Roundhouse, it’s a veritable petri dish. So, it’s a good thing that today is national chicken noodle soup day. Call your mother, wrap yourself in a blanket and take the cure. We wish everyone good health and happiness. Good night.