LEGISLATIVE ROUNDUP: Bill Targeting Unfunny Prank of ‘Swatting’ Croses Over to House

Sen. Craig Brandt (R-Sandoval) has worked for a few years now to increase the severity of making a false report that leads to a forceful police response. Currently, it’s a misdemeanor, but under Senate Bill 18, Crime of Swatting, it will become a felony. The Chamber has been supporting the bill every step of the way this session. Brandt’s bill passed the Senate floor today on a 36-0 vote and now heads over to the House.

Swatting is falsely reporting an emergency to law enforcement with the intent of getting a “SWAT team” response to a location where no emergency exists. The calling party will often report they are involved or nearby as a witness to a home invasion, active shooter or hostage situation, attempting to muster the largest response possible. Often, the law enforcement response is substantial, with police confronting the unsuspecting victims at gunpoint, only to learn there is no real emergency. It’s done as a prank, or sometimes as retaliation. It’s just as dangerous for both the unsuspecting victims and for law enforcement, and it’s an incredible waste of resources.

We’ll continue to work this bill with the hope it makes its way to the governor’s desk.

New Mexico has the most brackish water in the nation – almost as much water as in Lake Superior. The purpose of the bill is to accelerate the use of brackish (salty) water found in deep aquifers. The town of Cuba, for example, is facing dire water shortages and is preparing to install a desalination (de-sal) plant. The bill is aimed at helping fund these kinds of projects and advance scientific work at New Mexico Tech and New Mexico State University. Tech is working on characterizing aquifers throughout the state – geological mapping to understand possible effects of tapping brackish aquifers. NMSU is working on how to improve treatment technology.

El Paso has been desalinating brackish water since 2007, as have many towns throughout Texas and the world, for that matter. The Kay Bailey Hutchison Desalination Plant, the largest inland de-sal plant in the world, produces 27.5 million gallons a day of potable water, and there are plans to expand the plant to 42 million gallons per day. That would be enough to serve nearly 300,000 residences. The plant is cost-effective, in part, because a mineral processing plant is situated next door that buys the byproducts, contributing revenue to the cost of the de-sal treatment plant. As Rep. Jack Chatfield (R-Colfax, Curry, Harding, Quay, San Miguel & Union) pointed out in floor debate, the cost of the water from the plant for a family of four is about $24 per month, and the water is so pure it has to be remineralized so as not to leach minerals from human bodies.

Chatfield offered a floor amendment that was accepted as “friendly” and adopted without dissent. The amendment provides for public notice, hearing and appeal for brackish water projects, the same as is the case for any water permit or project in the state.

The bottom line is there are existing cost-effective desalination options available right now. Through expanded research and development, costs can be reduced further – like we’ve seen with wind energy, for example. Forty-million dollars has been set aside in the budget bill to get this initiative started. It’s a wise investment to improve our state’s drought resilience and ensure we can remain competitive in attracting and expanding businesses – it’s a win on several fronts.

The bill is directly connected to the Greater Albuquerque Chamber of Commerce’s theme this session of increasing New Mexico’s competitiveness. Enrique C. Knell shared the Chamber’s view:

“SB 170 is another pragmatic bill that allows New Mexico to do the literal groundwork necessary to be truly ready when economic development opportunities arise. Allowing public utilities to recover prudent and reasonable costs for certain economic development projects will encourage investment in future projects today. And oversight from both the Economic Development Department and the Public Regulation Commission as well as a 10-year sunset are designed to ensure projects indeed pay dividends.”

Padilla’s expert witness, Rob Black, Secretary-designate of the state Economic Development Department, explained, “we do believe that the ability to deploy utilities quickly is essential for us to be competitive for economic development, and we think this bill goes a long way to helping us do that. It really just expedites the timeframe that the Public Regulation Commission has to review economic development projects. We’ve worked with the PRC on this language to make sure that it works for them… just simply, a lot of the uncertainty when you’re taking a look at New Mexico to do business, whether you’re out of state or in state, is just how long it takes to get your utility scenario kind of sorted out. It’s anywhere from 18 months to three years. This is going to require the PRC to act on these items within six months.”

“When you get off the airplane, we want to be able to immediately usher you over to locations that are ready to rock and roll,” said Padilla. He added that goes for New Mexico businesses looking to expand as well. We’ll let you know what happens when this bill hits the Senate floor.

Chair G. Andres Romero (D-Bernalillo) said he couldn’t guarantee when or if the bill would be heard again. Romero was very upset with “the unacceptable kind of pressure put on members of the committee.” He said, “it’s very troubling to me.” Romero indicated he thought the measure should be put before the Legislative Education Study Committee during the interim study period.

Structured literacy is part of the science of reading, which converges decades of research into a structured system that teaches how to break apart words and apply that approach to boost vocabulary and comprehension. Terri Cole, president and CEO of the Chamber, stood in support:

“All of you on this committee are very familiar with what the science of reading is about. What’s important to us as business people is that a high-quality workforce is available, and the foundation for that starts with children learning to read and comprehend. The Chamber has long been involved in efforts to help lift student achievement. Through all that work, going back almost two decades, we know how critically important learning to read is.

“It’s one of the reasons we started the Albuquerque Reads program, staffed by volunteers reading to children, helping them to love reading. The current method of teaching simply hasn’t worked. After decades of research, including brain science, there has emerged effective strategies of teaching kids to read. It’s said that the science of reading is the converging evidence of what matters and what works in literacy instruction. We believe this is the right direction and urge you to vote ‘yes’ on SB 242.”

While the state has been moving toward structured literacy (the former system is called balanced literacy), SB 42 requires that aspiring teachers must be taught structured literacy, that structured literacy be the method of teaching in schools, that balanced literacy (“word guessing”) be banned and that parents receive feedback on how their child is progressing.  Three school districts have produced excellent results, boosting student reading competency to 60%. Current statewide results are 39% and last in the nation. As Stewart points out, “if we keep doing what we’re doing now, then we’re going to get the same results.” Another point in favor of structured literacy is that it works well for those learning English as a second language and preserves fluency in both languages. (And structured literacy is the foundation of the student performance turnaround we’ve written about that’s known as the “Mississippi Miracle.”)

Opponents argue that mandating structured literacy is forcing a one-size-fits-all approach. They say teachers should be allowed to use their professional judgment in choosing how to approach reading. Some also expressed concern about whether structured reading really does work for English language learners. Several members of the committee asserted that local control and teacher discretion should not be taken away. Stewart countered by saying that structured literacy is a method and structure – there are lots of tools that fit the structure. What she doesn’t want to see is the balanced literacy approach of having students guess at words.

The committee considered and debated the measure for more than two hours, and members were under pressure to attend the House floor session. It was clear from the discussion that there was widespread opposition to mandating structured literacy. Consequently, Stewart offered to remove the mandate; however, there wasn’t time to do amendments “on the fly,” so the bill was rolled over. This bill will surely be on our list of big disappointments from this session if it doesn’t reappear. It was very troubling to us today that a demonstrated successful method to teach our students to read stalled in one of our education committees. We’ll keep you posted. But, we look forward to working with Sen. Stewart in the interim and getting this bill back to our Legislature.

Rep. Andrea Romero (D-Santa Fe) was in House Judiciary tonight pushing her legislation that would prohibit oil and gas producers from using per- and poly- fluoroalkyl — PFAS — in recovery. The state agency responsible for regulating oil and gas production wrote that House Bill 222 could “create a chilling effect for (oil and natural gas) development in the state.” The bill passed 6-3 along party lines and now heads to the House floor.

Enrique C. Knell provided the Chamber’s view in opposition and why this bill is a bad idea:

“There are just too many uncertainties to make this legislation viable. First, the impact on production in our state is unknown. Secondly, there’s legal jeopardy, well-stated by the attorney general. Third, there’s rulemaking going on right now to address this subject that would be completely derailed if this bill passes.”

Gov. Michelle Lujan Grisham’s Energy, Minerals and Natural Resources Department (ENMRD) expressed concerns on HB 222 in a written analysis:

“EMNRD notes House Bill 222’s impact on operators, trade secrets materials, and the use of them in operations has the potential to either simply incentivize operators to not use trade secret material in the state, which could potentially impact effective operations, or incentivize the industry to move to states that do allow for use of trade secret materials. EMNRD analysis notes either instance could impact state revenues.”

We’ll be on the House floor as the debate continues.

The Chamber is supporting SB 42 as Terri Cole, president and CEO, stated in her testimony:

“It’s clear from LFC analysis that we’re not reaching mothers with substance abuse through the current system. The National Institutes of Health reported that overdose deaths among pregnant women aged 35-44 tripled between 2018 and 2021. It’s a problem all the states are grappling with.

“In New Mexico, the LFC tells us that rates of newborns with substance-withdrawal symptoms in New Mexico have climbed to more than twice the national average. And yet only one in seven local families with substance-exposed newborns accepts referrals to addiction treatment, We need to close the gaps on service delivery, and SB 42 seeks to do just that. It’s a complicated problem that we want to try to solve through treatment rather than penalization. Yet, this is very real child abuse that has to be dealt with. We urge a ‘yes’ vote on SB 42.

Specifically, the bill will:

• Require the Department of Health to ensure a care coordinator is available in each birthing hospital in the state and that care coordinators implement plans of safe care. The baby may not be discharged unless a plan of care is developed and agreed to. If a plan is not followed, a referral to CYFD may occur.
• Make DOH responsible for all training for hospitals and providers related to plans of safe care.
• Allow for the creation of plans of safe care prenatally and perinatally and direct all hospitals to use an evidence-based screening tool (SBIRT—for screening, brief intervention and referral to treatment) at prenatal and perinatal appointments.
• Require plans of safe care include a referral to home visiting and substance use treatment.

According to the bill’s fiscal impact report, SB 42 will make “the Department of Health (DOH) the lead agency with more specific expectations about the roles and responsibilities of care coordination, including in-person and active support and follow-up with families to engage them in referred services. The bill would also make DOH responsible for ensuring the completion of federally-required reporting related to plans of safe care, developing an annual report related to the creation and implementation of plans of safe care for several interim legislative committees, and delivering training. The bill also provides DOH with rule-making authority.” Other aspects of the bill include providing criminal penalties for assaulting or harming child welfare workers, similar to the protections given to teachers and health care workers. Also included are improved services for foster care providers. If the bill gets Senate Judiciary Committee approval, it will go to the Senate floor.

Modern challenges require modern solutions. That’s why former-prosecutor-turned-lawmaker Rep. Andrea Reeb (R-Chaves, Curry & Roosevelt) presented House Bill 287, Telephone, Text & Social Media Crimes, to the House Judiciary Committee this evening.

Enrique C. Knell gave the committee the Chamber’s view in support of Reeb’s bill:

“We absolutely support Rep. Reeb’s bill to update criminal law and account for the changing ways in which we communicate with each other. Our No. 1 goal this session is to position our state to better compete for new businesses, workers, residents and visitors. A major part of achieving that goal is to make it hard to be a criminal in New Mexico. We think HB 287 is a good step in that direction.”

Reeb presented officer Berling from the Las Cruces Police Department as her expert witness. He says he has investigated hundreds of crimes over the last decade that involve threatening behavior over text or social media, from domestic violence, to neighbor disputes and gang activity.

“It’s been on the books since at least the ’60’s. I don’t know that they anticipated the prevalence of social media and text messaging when the law was adopted,” said Berling. “So I think it’s important to update it to make our jobs as police officers in doing these investigations a little bit easier, and to give proper recourse for victims of this type of conduct.”

Basically, the current law is just insufficient for addressing the unique nature of telephonic harassment, and passing Reeb’s bill will modernize the statute. HB 287 passed on an 8-0 vote and now goes to the House floor. We’ll use electronic media to let you know what happens next.

Gov. Michelle Lujan Grisham and Barbara Richardson (middle row, second and third from left) were in the Senate today as former Gov. Bill Richardson was honored. Richardson was New Mexico’s governor from 2003 to 2011; he died in 2023 at the age of 75.

Sen. Joe Cervantes (D-Doña Ana) presented a certificate that was read into the record. It highlighted Richardson’s achievements:

• Served as New Mexico governor, U.S. congressman, U.N. ambassador and U.S. secretary of Energy.
• Noted for his work in diplomacy, renewable energy and infrastructure development.
• Authored three books and founded the Richardson Center for Global Engagement.
• Nominated five times for the Nobel Peace Prize.

Several senators from both parties shared personal anecdotes, highlighting Richardson’s approachable nature and significant impact on New Mexico. There’s no doubt, Richardson was a huge figure in New Mexico, and his impact on the state will be felt for generations to come.

Former N.M. Gov. Bill Richardson

High malpractice insurance rates and frequent lawsuits are a major obstacle to physicians practicing in our state, and hospitals bear a heavy cost. Senate Bill 176, sponsored by Sen. Martin Hickey (D-Bernalillo), himself a licensed physician and former hospital executive, seeks to take the handcuffs off doctors by making these reforms:

• capping attorney fees both in settlements and trials
• prohibiting lump-sum payments in order to ensure patients receive payouts to cover medical needs as they are incurred
• establishing a patient safety improvement fund that would receive 75% of punitive damages
• setting limits on the recoverable amounts in malpractice claims, adjusted by the consumer price index

Where New Mexico Stands

New Mexico has the second-highest number of medical malpractice lawsuits per capita in the nation. There is one medical malpractice lawsuit for every 14,000 New Mexicans, more than twice the national average. As a result, medical malpractice insurance premiums are about twice as high as other states in our region. The average malpractice insurance policy costs an independent practitioner $43,000 per year. In Arizona the cost is $22,030, in Colorado $23,772, in Texas $28,487 and $28,861 in Utah.

Even with the outrageously high premiums here, insurance companies are losing money. For every dollar they collect in premiums, they are paying out $1.83. Not surprisingly, there are only a handful of insurance companies left that are willing to write policies. The national payout ratio is $.73 for every dollar collected in premiums. With no caps on settlement amounts, no caps on attorney fees, high punitive damage awards and lump-sum payouts, lawyers have every incentive to bring malpractice lawsuits, and they certainly are taking advantage of these unintended but very real incentives. Other states have enacted the kinds of boundaries contained in SB 176, which have resulted in less litigation, lower payouts and more money for hospitals and doctors to hire more employees, buy equipment and improve facilities.

SB 176 was introduced on Day 8 of the session and has been refused a hearing in the Senate Health and Public Affairs Committee – and here we are with the session ending two weeks from tomorrow. While a committee chair does have discretion to decide committee hearing schedules, it’s not often that a chair will just refuse to hear a bill on a very important subject. SB 176 should get its day in court. Reform is needed if we’re to improve New Mexico’s competitiveness.

Change Your Clock; Watch Your Heart

It was fun and light until the doctor in the house showed up. Sen. (and Dr.) Martin Hickey (D-Bernalillo) piped up and said, “I hope we have defibrillators in the Chamber. There’s a huge increase in heart attacks the day after the time changes.”

Thanks for the sobering reminder, Doc! Enjoy the time change this Sunday and take it easy!

After next weekend, committee action will slow down and the days and evenings will turn to floor debates and action. Bills that haven’t yet cleared their house of origin have a long way to go and a short time to get there unless they have the power of leadership behind them. In that case, we’ve seen legislation move at warp speed. There are several big items left, including the budget and tax package.

Today is National Be Heard Day, which encourages small businesses across the country to make their presence known. The day recognizes the over 145 million small businesses in the United States striving to be heard over all the noise. And, lest we forget, 90% of the businesses in our state are small businesses. They form the backbone of our economy, so here’s a toast to them! We’ll be on duty again tomorrow, when we’ll once again bring you all the news and views. Have a wonderful weekend.