LEGISLATIVE ROUNDUP: House Health Tables Bill Clarifying ‘Harm to Self and Others’ Definitions

This proposal originally came from the governor and was part of the crime package she wanted the Legislature to consider last summer. The Chamber joined the governor in support of the bill. The governor viewed this bill a piece of the puzzle to lower crime in New Mexico, get people the behavioral health treatment they need and stop the revolving door. But Democrats on the House Health and Human Services Committee didn’t see it that way, as they voted today 5-4 to table the bill, essentially killing it this session.

J.D. Bullington spoke in support for the Chamber:

“A big part of the Legislature’s efforts to improve public safety this session is to rebuild the behavioral health system, and rightfully so. We know that addiction leads to crime, homelessness and self-destructive behaviors. Sometimes the state of mind of addicts leads to threatening actions to others or an inability to care for themselves. SB 166 seeks to refine the definitions of what constitutes a threat to others and a threat to oneself. Making these definitions more clear will help judges determine the proper course of mandated treatment. When successful, treatment not only betters the lives of those with addiction issues, but it also betters the lives of their families and our community.”

Rep. Patricia Roybal Caballero (D-Bernalillo) summed up the opposition by saying “I’m not a fan of forced treatment.” We disagree. Sometimes help needs to be mandated out of concern for those who are struggling and who pose a danger to their own safety or that of their families, neighbors and the broader community.

Senate Bill 42 New CARA Program Requirements is a bipartisan bill carried by Senate Majority Whip Michael Padilla (D-Bernalillo) and House Minority Floor Leader Gail Armstrong (R-Catron, Sierra, Socorro & Valencia). The proposal 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 LFC 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, and J.D. Bullington was in committee this morning to relay the Chamber’s stance:

“In New Mexico, the Legislative Finance Committee 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.

Over a two-year period 3,770 infants were born addicted to drugs or alcohol and required CARA interventions. 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.

Rep. John Block (R-Otero) was the lone dissenter this morning. He had concerns the rule-making process takes too long and was also worried about a small component of the bill that may impact foster parents.

House Bill 441 is a similar bill sponsored by Rep. Gail Armstrong (R-Catron, Sierra, Socorro & Valencia). That bill is waiting for a hearing in the House Judiciary Committee. Both the House and Senate bills enter New Mexico into the Dentist and Dental Hygienist Interstate Compact in order to allow out-of-state dentists and hygienists to practice here to improve public access to dental services.

J.D. Bullington represented the Greater Albuquerque Chamber of Commerce in support of the bill, saying:

“This bill will allow licensed dental professionals from all states in the compact to practice in New Mexico without jumping through more licensing hoops. This will help put a smile on New Mexicans throughout the state. We all know we have a severe shortage of medical professionals, including dentists. Our dental health is critical, and this compact will help increase care options for New Mexicans.”

There’s a package of nine bills moving through the Legislature that would make it much easier for physicians, physician assistants, psychologists, counselors, dentists and dental hygienists, emergency medical personnel, audiologists and speech therapists, physical therapists, and occupational therapists licensed by other states to care for New Mexico patients, including via tele-health where appropriate.

So far, the House has unanimously passed six of the nine bills – House Bill 79 for audiologists and speech therapists, House Bill 81 for occupational therapists, House Bill 82 for physical therapists, House Bill 217 for counselors, HB 243 for doctors, and HB 413 for physicians assistants. Those House bills are the only ones that stand a chance to make it to the governor’s desk as there’s not time for Senate bills to make it all the way through the House before adjournment this Saturday.

Compacts usually languish and die in the Senate Judiciary Committee, but we’re counting on this year being different. Joining these interstate compacts is one of the most important steps the Legislature can take during this session to immediately expand the supply of health care providers available to New Mexicans.

Each bill passed its committee with flying colors. SB 169, the Strategic Economic Development Site Readiness Act, is sponsored by Majority Whip Sen. Michael Padilla and Rep. Meredith Dixon (both D-Bernalillo) and passed 9-0 out of HAFC. Chair Nathan Small confirmed that the budget bill contains $24 million for the economic development efforts envisioned in this bill. The bill now heads to the floor.

SB 170, NMFA Definitions, Funds and Rates for Economic Development, is sponsored by Padilla, Dixon and Reps. Joshua N. Hernandez (R- Sandoval) and Joy Garratt (D-Bernalillo). That bill also passed unanimously on a 10-0 vote out of HCEDC, heading next to HAFC. The bill would allow public utilities to ask the New Mexico Public Regulation Commission for permission to set up power lines, roads and other infrastructure on empty plots of land prime for development — and get money back later for it.

These bills are designed to put New Mexico at the forefront of site-readiness competitiveness. Enrique C. Knell offered the Chamber’s support on each bill:

“These bills are about increasing the number of sites ready for business development and reducing the amount of time businesses must wait for their site to be ready for building. Right now we have very little inventory for medium- to large-scale commercial, industrial or other uses. And these sites can take anywhere from two to four years or longer to prepare utilities and be ‘ready’ for development. Rather than risk asking the next Netflix or Amazon if they can wait a few years, these bills proactively allow New Mexico to create an inventory of strategic economic development sites around the state that will make New Mexico more competitive with other states and attract significant capital investment, tax revenues and jobs.”

We’ll keep following both of these proposals through the process.

The Chamber is a strong supporter of revitalizing the neighborhood, as has been done successfully in other cities. This could include new affordable housing, green space, walking paths and retail stores. A revitalized neighborhood could attract more redevelopment and bring the area back to life. Chamber President and CEO Terri Cole remembers having served on a Gov. Bill Richardson-sponsored task force to look at this issue. She and many Albuquerque and New Mexico residents feel strongly that a plan is needed, and decisions must be made, and action should be taken. In floor debate today, Sen. Nicole Tobiassen (R-Bernalillo) said what many of us feel. She said she’s afraid to go into that area unless accompanied by her husband and/or sons who are the size of linebackers.

Concerns about the bill include whether there is sufficient oversight and accountability along with uncertainty of the financial feasibility. These concerns are reasonable, but Stewart points out that the strategic plan will address many of these issues and the Legislature has the final say before anything is implemented. Though the days remaining in the session are few, it’s still possible this bill could make it all the way home. We hope so!

10-0 — OFF TO HOUSE APPROPRIATIONS

J.D. Bullington testified on behalf of the Greater Albuquerque Chamber of Commerce, saying:

“We appreciate Sen. Padilla and his leadership on expanding broadband services in New Mexico. Quality, affordable broadband service is very important to the economic health and development of our state. Of course, digital transactions rule the world, but let’s also not forget the opportunities it brings for distance learning, in class instruction and telehealth. Broadband has benefits to our economy, to education, and our general quality of life. Please support SB 126. Thank you.”

Padilla introduced an amendment to the bill, but quickly withdrew it saying there was more to work on before it is heard in the next committee. A motion for a “do-pass” was made, and it was passed on a 10-0 vote. The bill moves to the House Appropriations & Finance Committee, where Padilla said he will introduce a complete amendment.

Terri Cole, Chamber president and CEO, offered the Chamber’s support:

“The Chamber very much supports the goal of creating a strategic water supply in order to improve the state’s drought resilience and for use in developing green energy. New Mexico has the most brackish water in the nation – almost as much water as in Lake Superior. Our neighbors in El Paso have been processing brackish water since 2007 with no health or safety issues. We need the research and development as well as aquifer characterization provided in this legislation. We also need to get some projects off the ground. Please approve HB 137.”

The purpose of the bill is to accelerate the use of brackish (salty) water often 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, developed in partnership with Fort Bliss, is described as cost-effective because a mineral processing plant is situated next door that buys the byproducts, contributing revenue to the cost of the de-sal treatment plant. The plant provides several benefits:

• Desalination doubles as a comprehensive water treatment technology, removing salts along other potential pollutants.
• The wells from which water is pumped for desalination are strategically placed to slow or prevent brackish water intrusion toward freshwater wells.
• Desalination is a critical water strategy needed to enable growth of both El Paso and Fort Bliss.
• The plant serves as a learning center for desalination research and a model for other inland cities facing diminishing supplies of fresh water.

According to Muñoz, use of brackish water is the future of water in New Mexico. Without desalination, water supplies could be inadequate to support our communities and to support economic growth. Sen. Craig Brandt (R-Sandoval) said that the governor is on the right path. “This is something we can do to solve a lot of water problems.” Coordination by the state is needed to evaluate projects to ensure millions of dollars invested result in viable projects.

We’re very optimistic this bill has plenty of time to reach the governor’s desk. It’s a smart strategy, and decades from now, people will look back with gratitude that this generation had the foresight to plan for the future.

RESULTS RELEASE; BILL HEADS TO HOUSE

New Mexico students typically take a yearly assessment each spring, in April or May. In the past, it has taken the Public Education Department several months to produce aggregated test results and share them with school districts, parents and the public. SB 247 mandates that those results be provided publicly by Sept. 1 each year.

The Chamber has strongly advocated for this bill this session, believing students, parents, teachers and school districts need this information as soon as possible in order to help develop learning plans, interventions, adjustments to curricula and measurement of progress. Data is useless if it can’t be put to a practical purpose, and SB 247 moves us in a good direction.

There was no debate on this bill before the Senate quickly passed it.

Chamber President and CEO Terri Cole offered this supportive testimony:

“Chair Lente’s bill creates a statutory framework for a fund to support major academic and research projects at higher education institutions. This fund is something we’d expect that would help in funding the new UNM School of Medicine.

“The fund, if accepted through the application process, would fund facility replacement and expansion, ensuring long-term investment in health care education, which we support. Expanding the UNM School of Medicine would allow training more physicians and health care professionals to serve New Mexico. Please vote ‘yes’ on HB 449.”

The bill creates the Higher Education Major Projects fund for construction and design of instructional buildings and research projects at four-year institutions costing over $50 million and student housing and student life projects (cafeteria, fitness center, etc.) at four- and two-year and tribal colleges with no minimum cost. The measure requires a 25% institutional match for project design for instructional projects at four-year institutions and 10% for construction for instructional projects. For student housing and student life projects, the bill requires both four- and two-year institutions to provide a 50% match for project design and requires two-year institutions to provide a 50% match (two-year institutions have access to property tax revenues, four-year institutions do not) and four-year institutions to provide a 20% match for construction. The state Higher Education Department may recommend the Legislature waive matching requirements should the department find the institution does not have sufficient funds available.

There is no money in this bill, so the Legislature will have to appropriate money in future years. Applicants for funding must go through a screening process before any money will be appropriated for a specific project. UNM’s new medical school plans should be a top contender. The current facilities at UNM were built in the 1970s, and both renovation and expansion are very much needed. Here’s a little history that you may not know about our medical school: In 1962, the University of New Mexico Department of Medicine combined the three hospitals into one, three-year residency program with 24 residents under the direction of Dr. Sol Papper, the chairman of medicine. The first class of 24 students began studies in 1968 in a converted mortuary and 7-UP plant.

From humble beginnings to a world-class treatment center, it’s now time to move to the next level of training and care. This bill will now be sent to the Senate floor and, if approved, to the governor’s desk.

Brantley began the presentation by saying that 90% of teachers have identified cell phone use as the No. 1 distractor in classrooms — with the average teenager spending over five hours a day on social media. “This bill aims to increase proficiency rates in classrooms, but equally important, to address a mental health crisis that is plaguing our teenagers. We know there is a direct link to increased suicide rates, anxiety, depression and a number of issues. There have been many cell phone policies adopted. … This bill before you is not a mandate to school districts. What it does is require school districts to adopt a phone-free classroom policy, but the details of what that policy looks like would be left up to the individual districts,” Brantley said.

Maestas said there’s a clear correlation between electronic distractions and academic performance. “Phones in the classroom undermine the learning environment, contributing to a decreased academic performance, particularly in math, and increased classroom distractions with low-income students disproportionately impacted. This bill has no ban. This bill has one mandate, a conversation in every single school district community to come up with a policy for that school district,” he said.

Adrian Gomez, SVP of policy at the Greater Albuquerque Chamber of Commerce, testified in support of SB 11 by saying:

“This is a good bill that would amend current law on local school boards to define ‘anti-distraction policy.’ The policy would allow local school boards and charter school governing bodies to adopt measures restricting student use of personal electronic devices during the school day. The Chamber advocates for policies that support teachers, raise student academic performance and support healthy social development of our students. We support this bill because it will align with all those policies that we believe will improve our education system. We urge your support of SB 11.”

Also in support were the American Federation of Teachers New Mexico and Nat Dean, a disability advocate. There was no public opposition to the bill.

A few committee members had questions regarding why the legislation is needed. Brantley and Maestas said there are a few school districts that have policies already and the legislation is a way to put schools on the right track.

Rep. Michelle Paulene Abeyta (D-Bernalillo, McKinley, Valencia, San Juan, Socorro & Cibola) said she supports students having their phones for emergency situations. Abeyta cited an incident where her child was a victim of bullying by a teacher. Abeyta told her child to record the encounter and it was a way that her daughter was protected. “There’s so many other students that go through that as well, and that’s a concern for me. I want them to still have those devices. They serve as a safeguard in certain ways. I understand there’s a balance, as a parent, I do my best to teach them about respect and putting them away. I do appreciate that you are giving (school districts) the choice and opportunity to create their own rules and implement them.”

Rep. Reena Szczepanski (D-Santa Fe) was pleased that the bill deals with students with disabilities but wanted it to go further. She made an amendment to include text to speech, speech to text, or other assistive technologies that aided communication, navigation or learning not be a part of it.

With the bill amended, a “do-pass” motion was made, and with a vote of 11-0, the bill moves to the House floor.

VEHICULAR MANSLAUGHTER HEADS TO SENATE

However, when the new law was passed in 2016, the second-degree crime was not placed on the list. A Supreme Court decision last year released a convicted criminal sentenced by a judge as a serious violent offender because the crime wasn’t on the list and the judge was not allowed to interpret what the Legislature intended. Meritorious behavior can reduce a sentence by one day for every day served. Suddenly a two-year sentence turns into one year. This is the loophole that needs to be fixed, and HB 102 does just that. It puts the crime back on the serious list where it belongs.

With no discussion, a “do-pass” motion was made, and the bill now heads to the Senate on a vote of 60-4.

It’s tradition in the House that a representative’s first passing bill requires the members to vote “no” until the last minute, and then upon passage for the sponsor to sing a song. So as the vote on SB 17 started, it looked as if it wasn’t going to make it, but as voting time ran out, the bill sailed through on a vote of 63-0. With her first successful bill under her belt, Chavez pulled out her phone and sang a rendition of Ice Cube’s “It Was a Good Day.” Speaker of the House Rep. Javier Martínez (D-Bernalillo) noted the change in music genre with Chavez’s choice of song.

The session alone (not counting interim work and ongoing costs) weighs in at $11.5 million. So, do the math – so far, that’s $1.6 million per bill. That’s kind of an unfair collar to put on the Legislature – more bills will be sent to the governor, so let’s compare to the last 60-day session when 246 bills were sent to the governor. That drops the cost per bill down to $46,700. Feel better? Up to you. In some sense, it’s the cost of democracy – ideas put out there, debated and maybe it bears fruit, now or in the future. You decide whether it’s good value for the dollar.