LEGISLATIVE ROUNDUP: HB 86 Human Trafficking Bill Advances

HB 86 HUMAN TRAFFICKING BILL ADVANCES


This afternoon the House Consumer and Public Affairs Committee voted 5-0 to give a do pass without opposition to advance House Bill 86, Human Trafficking and Sexual Exploitation of Children, sponsored by Reps. Elizabeth “Liz” Thomson and Marian Matthews (D-Bernalillo) and Nicole Chavez (R-Bernalillo) and Sen. Antoinette Sedillo Lopez (D-Bernalillo). Thomson shared this is the fifth time she has brought the bill and that it routinely dies in a Senate committee.

The Chamber was there in support of the bipartisan effort. D’Val Westphal, executive vice president for policy and programs at the Greater Albuquerque Chamber of Commerce, testified that:

“The Chamber strongly supports HB 86 and thanks the sponsors for bringing it forward. This bill is all about protecting some of the most vulnerable people who wind up in our state – people who are being held and traded like commodities for the profit and even the sick pleasure of disturbed individuals.

“Human traffickers are an extremely heinous group of criminals. Critics will again trot out the defense that harsher penalties don’t deter criminals, but that rings hollow in the face of headlines of modern-day slave owners profiting off the misery of others. Defending their victims and preventing more should not be put on the back burner another year. We respectfully encourage you to pass HB 86.”

Joining the Chamber in support were:

  • Department of Public Safety Secretary Jason Bowie
  • The N.M. District Attorney’s Association
  • N.M. Gov. Michelle Lujan Grisham’s Senior Public Safety Advisor Ben Baker
  • N.M. State Police
  • N.M. Crime Victims Reparation Commission
  • The Second Judicial District Attorney’s Office
  • Better Together New Mexico
  • The League of Women Voters
  • Survivors of sex trafficking

Thomson and Matthews’ expert witness, Rob Hart, director of the governor’s Organized Crime Commission, shared that human trafficking is the No. 1 revenue stream for cartels, more than drugs including fentanyl. He said people are trafficked for money, labor and sex and are reduced to being modern-day slaves. He also said Albuquerque has more human stash houses than any other city in the nation.

Members of the committee each said they hoped the fifth time is the charm for the bill and wished the sponsors good luck.

HB 86 is headed to House Judiciary next; we’ll be there in support and will keep you updated.

 

HB 87 CRIMINAL SEXUAL CONTACT UPDATE PASSES


The House Consumer and Public Affairs Committee also voted 6-0 to pass House Bill 87, Criminal Sexual Contact Where Victim is Clothed, sponsored by Majority Whip Dayan Hochman-Vigil (D-Bernalillo). Again, the Chamber was there to testify in support of protecting New Mexicans from predators.

D’Val Westphal, the Chamber’s executive vice president for policy and programs, told the committee that:

“HB 87 has the strong support of the Chamber, and the bill’s fiscal impact report explains exactly why:

“The Administrative Office of the Courts notes that this section of the law has not been updated since 1993, and since then, there has been a greater understanding that unwanted sexual contact can occur regardless of how or whether one is dressed. The majority of other states have amended their laws addressing unwanted sexual contact to either 1) not reference dress or 2) specify that clothed vs. unclothed is irrelevant. This amendment would update New Mexico’s definition of “criminal sexual contact” to allow more assaulters to face penalties for unwanted sexual contact and be more consistent with other definitions nationwide.

“HB 87 is designed to better protect New Mexicans from predators. We applaud the sponsor for bringing it forward, and we encourage you to support it. Thank you.”

There was no testimony in opposition to the bill.

HB 87 is also headed to House Judiciary, and again we’ll be there in support and to let you know what happens!

 

O&G SETBACKS HEADED TO HOUSE HEALTH


The House Energy, Environment and Natural Resources Committee gave a lukewarm approval of House Bill 35, sending it forward to the House Health and Human Services Committee. On a straight party line vote of 7-4, D’s for, R’s against, the bill was given a do pass without recommendation. The bill seeks to require a one-mile setback from oil and gas wells from schools. Public testimony was taken last week, at which time the Chamber testified in opposition.

Proponents of the legislation assert that it’s all about protecting the health of children. They cite scientific evidence of increased incidences of respiratory diseases in Southeast New Mexico. Proponents also argue that this will not harm the oil and gas industry as existing wells can continue with additional monitoring and that lateral drilling may largely nullify any concern that land adjoining schools can’t be used for production. Their conclusion is that one mile is the minimum distance that should be allowed based on scientific research.

Opponents don’t see it that way. Many communities in the region already have setback requirements developed by their local cities and counties who, opponents argue, are best situated to make setback decisions in the best interest of their people. Other states including California and Colorado, require much smaller distances – .6 mile in California and 2,000 feet in Colorado. Opponents were very disturbed that local officials weren’t consulted, and they presented a letter containing about 60 signatures of local officials from southeast and northwest New Mexico in opposition to HB 35. Several representatives of oil-and-gas-producing areas said that they just don’t see the kind of harm to children being asserted by proponents, and there can be multiple causes for ozone and other pollution levels, not just oil and gas production.

While there is always a legitimate concern for the welfare of children, there seemed to be a fair amount of skepticism on both sides of the aisle about the veracity of this bill, thus the no recommendation endorsement. We’ll have to see how this plays out in subsequent committees. We’ll keep you posted.

 

SENATE ROAD BILLS HELD FOR TAX PACKAGE


Have you ever driven across New Mexico and then suddenly crossed the state line? You probably quickly realized that the quality of road changes: it improves. Part of that is the sheer volume of our roadways – we are the fifth-largest state in land mass, after all. But we can certainly do a better job of upkeep on New Mexico’s road infrastructure, including the safety of bridges. Our roads are, after all, the arteries through which our economic lifeblood flows.

Too often the Legislature has siphoned off revenues intended to go into the road fund for other things. Two Senate bills presented today in Senate Tax, Business and Transportation aim to change that.

Two different approaches

Senate Bill 27 moves motor vehicle excise funds to the state road fund (81.25%) and transportation project fund (18.75%). Currently, nearly 60% of these funds are diverted away from roads to the general fund. The estimate is about $181 million each year from the excise tax, which is the tax you pay when you purchase a vehicle.

SB 28 also increases the road fund, but this time by directing corporate income tax net collections from the general fund to the state road fund. According to the Legislative Finance Committee, that was $672 million in 2024, or 4.8% of general fund revenue.

J.D. Bullington testified for the Chamber in support of both approaches, saying “funding our roads has always been a challenge – a cobbled-together system that never catches up with the backlog of maintenance and construction needs. Good roads are a key to economic development, tourism and safety.”

The Chamber feels HB 27 puts motor vehicle tax payments where they belong: back into our roads and transportation projects. This bill would dedicate 100% of that funding to the State Road Fund and Transportation Project Fund. SB 28 is another way of funneling more resources to desperately needed road construction and maintenance. The changes will ensure a recurring source of revenue to get, and keep, our roads and bridges in safe traveling shape. Our families deserve safe roads, and our economy requires them.

Both bills were heard and debated in committee but held instead of being voted on. There’s nothing nefarious, though, as tax bills are often held in committee for consideration of being incorporated in a larger, comprehensive tax bill that’s assembled each year. It’s a more efficient way of managing tax policy. Do it all in one large bill and hopefully avoid dozens of smaller, disconnected bills that could conflict.

Great power leads to great swag?

Sponsor Sen. Pat Woods (R-Curry, Harding, Quay & Union) worked to convince committee members to support both of his road revenue bills, and it led to an idea for some committee swag:

“You guys are the Transportation Committee. Ya’ll have great power. Act,” said Woods.

Chair Carrie Hamblin (D-Doña Ana) quickly responded with a huge smile, “Can we get shirts that say that?”

IN THE HOUSE

Lion Dancers perform on Asian, Pacific Islander and Native Hawaiian Day in the House.

Majority Floor Leader Rep. Reena Szczepanski (D-Santa Fe) took over the gavel to preside and lead the ceremonies headlined by the theme “Belonging.” Many community organizations were recognized and individuals introduced. The keynote address was given by former Chief Appellate Court Judge Linda Vanzi, who traced her path to New Mexico from a child fleeing terror in Pakistan to Singapore and Hong Kong to the eastern United States and finally New Mexico, a land she said she loves. She recounted incidents of threats and racism, definitely not feeling like she belongs, but also the pride in being the first Asian woman appointed to the bench and her leadership in the community. Rounding out the ceremonies were students from the Van Hanh Lion Dance troupe.

4-H members in the House on Tuesday.

The world would be a much better place if everyone dedicated themselves to the 4-H pledge: “I pledge … My Head to clearer thinking, My Heart to greater loyalty, My Hands to larger service and My Health to better living for my club, my community, my country, and my world.” 4-H is the largest youth participation organization in the world, with 7 million participants and over 6,000 volunteers. The program serves urban and rural students and has over 200 project areas from which youth can choose. 4-H came to New Mexico in 1912, and today there are more than 30,000 young people involved in our state. GACC President and CEO Terri Cole was a 4-H member for 15 years and remembers her experience with great fondness. No doubt, Terri’s confidence and ease at public speaking were greatly influenced by her 4-H service.

AROUND THE ROUNDHOUSE


Understanding Behavioral Health Needs

Today, the Senate Finance Committee heard presentations on the behavioral health package – SB 1, SB 2 and SB 3 – which will soon be before the committee for consideration and upon which we’ve reported before. To recap, here’s what the bills would do:

  • SB 1 – would establish the behavioral health trust fund with a target of creating a $1 billion corpus.
  • SB 2 – would appropriate $140 million for 13 projects that will help jump start the rebuilding of the behavioral health system.
  • SB 3 – would establish guardrails in the form of tracking, analysis and reporting progress against nationally established standards.

The committee learned today that there is spotting planning done – a problem addressed in SB 3. Medicaid is the lever to use to improve planning and performance as 42% of the population of New Mexico is enrolled in Medicaid. Behavioral health is a big and complex system that no one really has their arms around at this point. Medicaid pays $900 million for behavioral health treatment and there is additional federal grant money that goes directly to communities that the state doesn’t track but should be to avoid overlap. Areas where there are gaps include crisis intervention, supportive housing, certified behavioral health treatment, medication assisted treatment, service referrals, clinics and qualified workforce.

Sen. Pete Campos (D-Colfax, Guadalupe, Harding, Mora, Quay, San Miguel & Taos) underscored the need for higher education to develop the coursework needed to grow the workforce. As he put it, “No human capital, no programs.” Chair George Muñoz (D-Cibola, McKinley & San Juan) tossed out the idea of some kind of incentive system to interest students in pursuing a career in this field, which some members found of interest.

The final presentation heard by the committee was from Clovis Mayor Mike Morris. He reported on a three-year-long regional project involving several east side counties to build a behavioral health treatment center. The center would contain both observation stations and in-patient beds. The goal is to find the right treatment for a patient and avoid either placing them in an emergency room or the county detention center. To date, property has been purchased and construction should start soon. Funding has come from a $10 million capital outlay grant from the governor and a pledge of all the counties involved to dedicate their opioid settlement funds to this project. Clovis’ project could well become a model for the state.

Many good questions and ideas were discussed that could lead to amendments to the legislative package discussed above. This legislation is a heavy lift on a very important but difficult subject. A tip of the hat to Muñoz and his staff for their hard work.

Capital Outlay – the Road to Stranded Funding


The committee also received an update on capital outlay and proposals to reduce the huge backlog of unspent funds. Right now there is $5.8 billion unspent across over 1,000 projects. The backlog has grown over the last three years or so from $3.5 billion to the current $5.8 billion. The backlog of unspent funds has been a problem that has dogged the Legislature for decades. Muñoz wants to make reforms to whittle down this pile of dough that could be put to better use.

Here are some ideas on how to do that.

  • First, starting this year, all projects with less than 1% of funds expended or encumbered with a June 30 “expire by” date will not be reauthorized, and the money will revert to whatever fund the money was appropriated from. It’s only about $74 million from 300 projects, but it’s a start.
  • Next year, it’s proposed that reauthorizations can only be done once on a project and only for one year (currently it’s two years). Future requests would only be for equipment, design or construction and not all three can be in one request. Moreover, a plan has to be submitted demonstrating how the project can actually be brought to fruition.
  • Finally, for water and road projects, there are other funds available, and these must be tapped before applying for capital outlay (unless a proposed project has otherwise been turned down).

As Muñoz put it, “It’s time to draw a hard line.” This is music to our ears. The Chamber has been advocating for capital outlay reform, it seems, like since the end of the Civil War. If these rules are put in place, it’s an important turning point, and we certainly support these efforts.

SIGNING OFF FROM SANTA FE


We’re very happy to see tough anti-crime legislation clear its first committee. Cracking down on human trafficking and sexual exploitation is long overdue. Seeing another stumbling block put in the way of oil and gas development – not so bueno. But, the recommendation was a lukewarm no recommendation, so we can only hope this bill finds its way to Never Never land.

On tap for tomorrow is important legislation to improve school principal development (yay), expansion of the rural health care practitioner act (yay), creation of a public bank (boo) and several good pieces of education legislation. The Senate is in session at 11 and the House at 10:30. There will be several committees meeting on Saturday. We’ll be there to bring you all the news and views. Until then, have a terrific evening.05

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