The Senate Judiciary Committee heard three important crime bills today. The bills were not voted on, but testimony was heard on them, and the bills will be considered in one “crime” package at a later date. Here are the bills they heard:
Senators Brandt and Lanier’s Swatting Bill
Senate Bill 18, Crime of Swatting, sponsored by Sens. Craig Brandt (R-Sandoval) and Steve Lanier (R-San Juan), was heard and debated. The Chamber’s President and CEO Terri Cole presented testimony in strong support of the bill:
“On behalf of the Greater Albuquerque Chamber of Commerce,” Cole said, “I want to register our strong support for SB 18. Nothing is more terrifying to a student than to be threatened with violence, especially our youngest and most vulnerable. Swatting is a form of violence and intimidation that can leave lasting emotional scars. For those that commit such crimes, a slap-on-the-wrist misdemeanor is not nearly enough of a consequence for perpetrating violence. SB 18 would bring a meaningful consequence by making swatting a felony. It’s what we should do for our children.”
Cole went on to explain that “according to an analysis by TDR Technology Solutions, the impact of swatting nationwide is tremendous:
- Impact on Schools: Over 2,000 schools experienced swatting incidents in September 2024 alone, leaving students traumatized and disrupting education nationwide.
Taxpayer Burden: The annual cost of swatting to taxpayers has soared to $500 million, driven by school disruptions, lost instructional time and mental health impacts—excluding the costs incurred by emergency response and first responders. - “Every fake threat diverts resources away from genuine emergencies, putting entire communities at risk. The toll on mental health, especially for students, is immeasurable. These children should feel safe in their schools, not terrified by hoaxes designed to cause chaos. As you can see, this is a big problem, and growing problem. SB 18 is an important tool that can help. We urge your support of SB 18.”
During committee discussion, Sen. Katy Duhigg (D-Bernalillo) expressed concern about making a shooting threat a felony. “We don’t want to make felons of people because they have bad tempers and say dumb things,” she explained. Brandt, who shared he has brought this bill forward five or six times, explained the law would not apply to someone who makes a general threat, such as “I want to kill you,” but would apply to someone who says they are bringing a firearm to a specific address to shoot people. Duhigg was unconvinced and moved to amend the bill by striking shooting threat, leaving that a misdemeanor, while making swatting and bomb threats a fourth-degree felony.
The amendment and bill were not voted on. We expect the bill to be included in some form in a package at a later date. We’ll keep you informed.
Senator Antonio Maestas’ Felon-in-Possession Bill
Senate Judiciary also heard Senate Bill 32, Unlawful Possession of a Stolen Firearm, sponsored by Sen. Antonio Maestas (D-Bernalillo). Cole was again ready with testimony in strong support.
“SB 32 would help crack down on those dealing in stolen firearms by providing a fourth-degree felony for perpetrators,” she said. “Given the alarming misuse of guns in our state, this is a common-sense move. We particularly support the provision that each firearm is a separate offense. This provision would really ‘throw the book’ at those trafficking in stolen firearms. New Mexico needs to take these kinds of steps if we’re going to move the needle on reducing criminal activity.
“Across our state, law enforcement is reporting an increase in theft of firearms,” Cole explained. “Las Cruces reported 169 separate incidences in 2023. Albuquerque police report dozens of gun thefts each month, often from vehicles where the firearms are left unsecured. Clearly, it’s a lucrative business to deal in stolen firearms, which are often peddled by organized crime organizations and gangs. We need additional measures to stem the rising tide of gun theft.”
The New Mexico Organized Crime Commission, New Mexico State Police and the city of Albuquerque also had representatives testifying in support of SB 32.
Duhigg expressed concern the penalties are outsized and would be the same as for murder. Committee Chairman Sen. Joe Cervantes (D-Doña Ana & Otero), echoed that, as well as a concern about double jeopardy.
Again, no vote was taken, and we hope it will be included in a package at a later date. We’ll keep you posted on what happens next.
Senator Brandt’s Racketeering Bill
The last bill before Senate Judiciary today was Senate Bill 70, Add Racketeering Crimes, sponsored again by Sen. Craig Brandt (R-Sandoval). Cole explained in her testimony in support that:
“SB 70 is aimed at dealing with heinous crimes committed by organized groups. These criminal enterprises need to be stopped in their tracks. That’s why the Chamber supports SB 70, which would expand the state’s Racketeering Act to include such heinous crimes as sexual exploitation of children, threats to our law enforcement officers including escape from jail or prison, and threats to some of our communities’ most vulnerable with human trafficking.
“The bill would also target the leaders of such enterprises, specifically making it a crime to solicit or coerce another person, including a minor, into being a member of or working with their criminal enterprise, as well as financing or supervising racketeering activity. SB 70 offers those in our legal system a better tool by casting a wider net over criminal gangs,” she said.
Cole added that “we know that human trafficking is a growing problem, largely because organized crime is involved – preying on women and children. Racketeering statutes are designed to go after just these kinds of organizations, but New Mexico’s statute does not now encompass so many heinous crimes. That’s why we need SB 70 to pass.”
Representatives from the New Mexico Organized Crime Commission, New Mexico State Police and city of Albuquerque voiced support for SB 70 as well, laying out the huge amounts of money being made by cartels, traffickers, auto thieves and other criminals.
Duhigg raised constitutional concerns about the definition of a criminal gang, saying Senate Judiciary or the Boy Scouts could be considered a criminal gang under the law as written – and that the language isn’t really needed in the bill. She said the bill needs work and will be constitutionally challenged. And Maestas added that some of the crimes listed don’t include profit, running afoul of the racketeering definition.
Brandt’s expert, from the Organized Crime Commission, explained each of the enumerated crimes involve an enterprise that makes money, as with bribes, and fits the definition.
Cervantes recalled both he and fellow committee member Sen. Mimi Stewart have carried similar bills in the past and run into opposition from civil liberties groups. He cautioned care is needed on ensuring the constitutional right to association in such a bill and the sponsor should consider that.
Hopefully, SB 70 is headed for consideration in the package as well. We’ll let you know what happens next. Other crime bills were scheduled to be heard today, but time ran out. We expect to see them scheduled again soon.
BEHAVIORAL HEALTH GETS BIPARTISAN SUPPORT
Today, the Senate Health and Public Affairs committee took up three interrelated bills addressing the state’s behavioral health system. All three bills will be held over until next Monday afternoon. SB 1 and 2 are appropriations bills, while SB 3 would establish a process for overseeing projects and programs to ensure results can be monitored and reported. In a refreshing turn of events, all three measures are being sponsored by both Democrat and Republican leaders.
SB 1
SB 1, sponsored by Sens. George Muñoz (D-Cibola, McKinely & San Juan), Liz Stefanics (D-San Miguel, Santa Fe, Torrance & Valencia) and Pat Woods (R-Curry, Harding, Quay & Union), would establish the Behavioral Health Trust Fund. The goal within the next two years is to endow the fund with $1 billion. Muñoz points out that it’s possible over five years for the fund to grow to $10 billion, similar to what has happened with the Early Childhood Trust Fund. Technically speaking, SB 1 received an 11-0 do-pass recommendation, but the committee report is being held until SB1, 2 and 3 can all be passed simultaneously.
J.D. Bullington expressed the Chamber’s strong support for the measure:
“Madam Chair and members of the committee. My name is J.D. Bullington, and I’m here today on behalf of the Greater Albuquerque Chamber of Commerce in support of SB 1. While there’s a lot of disagreement over what the best path to greater public safety is, it seems there’s a lot of consensus that we need to strengthen and rebuild the behavioral health system in our state.
“SB 1 takes a bold, swing-for-the-fences approach, seeking a $1 billion permanent fund that would generate ongoing funding for behavioral health. Providing support for those suffering from addiction and other mental health issues doesn’t come cheap, but neither do crimes, which are sometimes committed in pursuit of drugs, nor the devastation to families when loved ones are no longer capable of functioning, perhaps even devolving into neglect or abuse.
“A billion dollars is for sure a lot of money. But it’s a matter of priorities. We can’t afford to wait, and we urge the committee to vote yes on SB 1 while the state has the cash to make this important investment. Thank you.”
Other supporters mainly came from the behavioral health provider and advocate community. There was no opposition. Once finally approved, the bill will proceed to the Senate Finance Committee.
SB 2
SB 2, sponsored by Senators Benny Shendo (D-Bernalillo, McKinley, Rio Arriba, Sandoval & San Juan), George Muñoz (D-Cibola, McKinely & San Juan) and David Gallegos (R-Eddy & Lea), per the FIR, the bill contains 13 distinct appropriations. Eight of the13 give state agencies the ability to provide grants to local and tribal entities. The remaining five appropriations focus on sequential intercept resource mapping detailing how individuals come into contact and move through the criminal justice system, education and outreach within behavioral health regions, mobile health units and medication-assisted treatment, and an expansion of housing service providers. In total, $140 million is appropriated.
J.D. Bullington once again stood in strong support of the measure on behalf of the Chamber:
“Madam Chair and members of the committee. My name is J.D. Bullington, and I’m here today on behalf of the Greater Albuquerque Chamber of Commerce in support of SB 2. This bill targets 140 million dollars, most of which will be used by local governments to tackle behavioral health issues from Assisted Outpatient Treatment to housing and much more. This is a really smart approach – it puts the money where the rubber hits the road – in courts and local governments that are the backbone of providing services. It also fosters fresh thinking about how to solve problems through innovative techniques.
Rebuilding the behavioral health system is multi faceted. It takes collaboration and adopting best practices. Let’s face it, we’re behind the eight-ball on this issue, and it’s time to provide the resources necessary to accelerate giving help to people trapped by addiction or struggling with mental health challenges. The targeted approach of this bill should lend itself to measurable outcomes, allowing successes to be shared statewide. We would appreciate your support for SB 2.”
As with SB 1, supporters of the measure were largely behavioral health providers or advocates. There was no opposition expressed; however, before voting on SB 2, committee members wanted to understand how regional planning would be done, what stakeholders would be involved and how accountability measures would be established and monitored. That process is contained in SB 3.
SB 2 will be voted on Monday at the committee’s next hearing, as will SB 3, upon which the Chamber did not testify. We’ll be back with an update on Monday.
TRADE PORTS ACT HEADED TO TAX AND REV
This afternoon the House Commerce and Economic Development Committee voted 9-0 to pass House Bill 19, Trade Ports Development Act, sponsored by Reps. Patricia A. Lundstrom (D-McKinley), Dayan Hochman-Vigil (D-Bernalillo), Raymundo Lara (D-Doña Ana), Tara L. Lujan (D-Santa Fe) and Joy Garratt (D-Bernalillo).
The Chamber testified in strong support of the bill, joined by representatives of fellow chambers in Gallup and Rio Rancho, the Bernalillo County Economic Development director, NMIdea, AFSCME, the Brotherhood of Locomotive Engineers, the N.M. Builders and Construction Trades Council, a landowner and others. They spoke of how the ports will provide economic diversification, will leverage our geography and existing assets, will attract new businesses and create high-quality jobs, and build a foundation for a thriving, modern trade infrastructure.
There were no opponents to the legislation.
As explained in the bill’s fiscal impact report, HB 19 “enables the state and its political subdivisions (“public partners”) to enter into public-private partnership agreements to help finance and work on trade port projects.
D’Val Westphal, executive vice president for policy and programs at the Greater Albuquerque Chamber of Commerce, told the committee that HB 19 is:
“A smart reinvestment of GRT and Motor Vehicle Excise Tax revenues into what drives those revenues: our supply chain. The global pandemic and economic downturn laid bare the vulnerabilities in our nation’s supply chains, and having New Mexico establish Trade Port districts, along with a development fund, an advisory committee and criteria for projects sets our state up to be a real part of the solution. The basic role of a trade port is to provide essential infrastructure and services to handle various types of cargo, including bulk commodities, containerized goods and liquid cargo. As sponsor Rep. Lundstrom has said, the goal is to make New Mexico ‘more than just a bridge state.’”
Westphal added that “we have a built-in north-south corridor with the Santa Teresa Borderplex poised to maximize existing and planned expansions of manufacturing plants in Mexico. We have existing east-west corridors of Interstate 10 and Interstate 40 that are already integral to getting goods to and from the West Coast and beyond. Communities from Bernalillo County, to Gallup and McKinley County, to Santa Teresa have recognized the need for, and opportunity in, developing inland ports. HB 19 will help these and other communities not only make them a reality but get them on the road to reaching their full potential.”
We’ll be in House Taxation and Revenue to support HB 19 at its next stop!
EXPANDED RURAL MEDICAL PROVIDER TAX BREAK IS ON THE MOVE IN THE HOUSE
This morning the House Health and Human Services Committee took up House Bill 52, Expands Rural Health Care Practitioner Tax Credit, sponsored by Reps. Miguel Garcia(D-Bernalillo) and Jenifer Jones (Doña Ana, Hidalgo & Luna).
The Chamber was there in support, joined by numerous physicians, speech pathologists, EMTs and other medical professionals who would benefit from expanding the modest tax credit, along with New Mexicans pleading the case for more providers and care in their communities.
Garcia made the case for the bill, pointing out the great need for providers in our state. He shared that while New Mexico is 63 percent rural, just 23 percent of the practitioners mentioned in the bill work in rural New Mexico – licensed practical nurses, emergency medical technicians, paramedics, speech-language pathologists, occupational therapists and chiropractic physicians.
The Chamber’s Immediate Past Chairman Bruce Stidworthy prepared testimony for the committee, sharing that as president and CEO of Bohannan Huston, “many of our employees either come from, or reside in, rural areas of New Mexico,” making HB 52 important to his workforce.
“Last session this committee wisely passed HB 163, parts of which were ultimately included in the successful omnibus tax bill, encouraging health care professionals to practice in our rural areas with a modest tax break,” Stidworthy shared. “This session, the sponsors are advocating to expand the health care practitioners who are eligible for the $3,000 credit. They are right to do so. We have a shortage of medical professionals at all levels across our state, and encouraging these additional categories of medical professionals to live and practice in New Mexico is a win-win.
“In the fiscal impact report on last session’s bill,” Stidworthy explained, “the Taxation and Revenue Department weighed in and said the credit would encourage more health care professionals to practice in rural areas. That’s good for the medical professionals who decide to make New Mexico their home, and it’s good for the folks who live and get treatment in their communities.”
The committee clearly agreed, voting 7-0 to send the bill on to the House Taxation and Revenue Committee.
NO CELL PHONES IN CLASS ADVANCES
The iPhone was first released 17 years ago, on June 29, 2007. The Android phone was introduced just a year later. That means that every single student in school today has never known a world where we don’t have instant access to texts, Instagram or a camera.
But the ubiquitous cell phone has become a major problem in classrooms throughout the country. Nearly 30 states have already implemented some type of policy to curtail the distractions that cell phones pose during instructional time. Today Sen. Crystal Brantley (R-Catron, Doña Ana, Grant, Hidalgo, Luna, Sierra and Socorro) presented Senate Bill 11, Funds for Anti-Distraction Policies in Public Schools, to the Senate Education Committee today.
The bill appropriates $10 million to the Public Education Department (PED) to reimburse local school districts that voluntarily implement anti-distraction programs that include the use of specialized pouches that educators can “lock” during instruction time. The pouches, which cost about $30 each, provide for emergency access to the phones if necessary. If all 300,000 students statewide receive pouches, it would cost $10 million; however, a pilot program for $1 million or $2 million would be a good start.
Chamber Support
The Chamber’s lobbyist, J.D. Bullington, stood in support of the bill.
“The Chamber advocates for policies that support teachers, raise student academic performance and support healthy social development of our students,” he testified. “We support this bill because it will align with all those policies that we believe will improve our education system.”
Indeed, we think curtailing cell phone use in the classroom will help students focus on the blackboard, not on a circuit board. Studies and anecdotal evidence show that classroom cell phone bans lead to better test scores, improved mental health and the improved development of social skills.
Shall or Recommends
The bill passed the committee and moves on to Senate Finance. But not before the chair, Sen. Bill Soules (D-Doña Ana) moved a “no recommendation” vote that failed. Soules is concerned the legislation is too vague, not requiring schools to participate. Brantley says she’s committed to giving school districts the ability to decide policies at the local level and that being more prescriptive in state law is not the right approach for a cell-phone policy in our schools.
Federal Perspective
Education Secretary Miguel Cardona has observed:
“In one study, some 16-year-old students saw their test scores increase after schools banned phones, with most of this change driven by the most disadvantaged and lower-performing students. Another study showed 10.6 percent lower test scores among students who retained their cell phones compared to student groups not interrupted by text messages. A study focusing on girls shows that removing cell phones led to higher grades and an increased likelihood of attending an academic high school. Some parents and students who initially are less supportive of limits support them after seeing the benefits and having a voice in the schools’ approach.”
Other approaches
Sen. Moe Maestas has a similar bill, SB 160 Student Use of Wireless Communication Plans. His legislation is much more prescriptive and says “each school district and charter school ‘shall’ adopt and implement” a plan to curtail cell phone use in the classroom. His legislation doesn’t include funding, which will force schools to dip into their existing budgets to buy any necessary technology to properly implement any new policies. Brantley said she’s aware of Maestas’ bill and plans to work with him to combine their efforts.
We’ll let you know how this develops. Check your phone for updates!
Property Tax Relief for Veterans Gains Approval
The House Government, Elections and Indian Affairs Committee gave a ringing endorsement to HB 47, sponsored by Rep. Art De La Cruz (D-Bernalillo), moving the bill forward with a unanimous 9-0 vote. Chamber Legislative Session and Local Government Committee Chairman Sherman McCorkle was on hand to lend the GACC’s support:
“Madam Chair and members of the committee, my name is Sherman McCorkle, and I am here today for the Greater Albuquerque Chamber of Commerce in support of HB 47. This bill is important because it brings life to two voter-approved constitutional amendments. These amendments provide property tax relief for all veterans and special relief for those who served at least six continuous years and were honorably discharged because of a service-related injury. We commend the sponsor and note that the bill enjoys bipartisan support. We would urge a yes vote on HB 47.”
During committee discussion, concerns were raised about the loss of revenue to local governments to an increase in the amount of exemptions. In part, some revenue loss can be made through an adjustment known as yield control – but only up to the limit of taxation allowed. If the entire amount cannot be made up, then the local government has to make adjustments to their budgets to absorb the loss. The committee discussed that perhaps the Legislature should help local governments, but that’s a discussion for a different day in a different committee. Since the bill moves to the House Taxation and Revenue Committee next, perhaps that’s a good question to raise then. The Chamber will be there to report back to you what happens next!
INTRODUCING NEW LEGISLATORS
HOUSE
District 54: Jonathan Allen Henry, R-Eddy, Chaves & Otero
Republican Jonathan (Jon) Allen Henry will represent District 54, which encompasses Eddy and Otero counties, with a very small portion of Chaves. Henry was unopposed in his primary and handily won the general election to replace Jim Townsend, who was elected to the state Senate.
- Henry has served as mayor of Artesia and as an Eddy County commissioner.
- Being well versed in local issues, Henry emphasizes the need to carefully consider the impact of state legislation on cities and counties, especially in rural areas. He also has a strong interest in education and oil production.
- He says he is skeptical about the practicality of achieving a zero-carbon emissions goal.
- Henry is a former restaurant owner and now works as a real estate broker.
District 57: Catherine Cullen, R-Sandoval
Republican Catherine Cullen will represent District 57, which includes a significant section of the city of Rio Rancho in Sandoval County. Cullen won her primary and the general election and replaces Jason Harper, who chose not to seek re-election.
- Cullen is a real estate broker.
- She served for eight years on the Rio Rancho School Board.
- Cullen is a strong supporter of small business and economic development, recognizing that the crime rate is an inhibitor to growth.
- She also is a strong supporter of CTE and special education.
SENATE
District 24: Linda Trujillo, D-Santa Fe
Democrat Linda Trujillo, an attorney, will represent Santa Fe’s District 24, which is bisected by N.M. 14 and Airport Road. She won the 2024 primary and faced no Republican opposition in the general election. She replaces Democratic Sen. Nancy Rodriguez, who retired after the 2024 session.
- Trujillo was a state representative from 2017-2020.
- She is a former Head Start teacher, was the first in her family to graduate college and served on the Santa Fe Public School Board.
- While a state representative, Trujillo championed legislation to create the Early Childhood Education and Care Department (ECECD), support health care professionals, transition to green energy and provide senior citizens with access to college courses for $5 per credit. While at New Mexico’s Regulation and Licensing Department, she built the regulatory framework for adult-use cannabis while reducing unnecessary red tape for professional licensing.
District 27: Patrick Henry Boone IV, R-Chaves, Curry, DeBaca, Lea & Roosevelt
Republican Patrick “Pat” Henry Boone IV, a fifth-generation rancher, will represent District 27, which includes parts of Chaves, Curry, De Baca, Lea and Roosevelt counties. He defeated Sen. Greg Nibert in the 2024 GOP primary (Nibert had been appointed to complete the unexpired term of state Sen. Stuart Ingle) and had no Democratic general election challenger.
- He is a past president of the N.M. Cattle Growers Association Executive Committee.
- He is a past chairman of the Soil and Water Conservation Commission.
- Boone is also a past chairman of the Elida School Board and past president and chairman of the Roosevelt County Electric Co-op Board.
The Senate today confirmed former Republican Sen. Greg Nibert to the Public Regulation Commission. State law doesn’t allow for all three members to be from the same party. The two existing members are both registered Democrats, so the third seat had to be given to an Independent or a Republican.
Governor Michelle Lujan Grisham appointed Nibert to the seat on New Year’s Day. Nibert is a former oil and gas attorney and an advocate for a fair and responsive regulatory process.
“I understand how the regulatory environment can be an impediment to projects and how important it is for agencies not just to have regulations, but to have regulations that allow consistent application,” he says. “How the regulatory process has to be fair, and how it has to be responsive.”
Nibert has been active in the Independent Petroleum Association of New Mexico, which he was president of from 2011 to 2012, and the New Mexico Oil and Gas Association. Several senators took the opportunity to laud Nibert. His nomination was presented by Senate Pro Tem Mimi Stewart and approved with a vote of 40-0. The Chamber always worked closely with Commissioner Nibert when he was in the Senate. Congratulations to him! We look forward to continuing to work with him!
EVERYONE’S A LOBO
Rep. Mariana Anaya (D-Bernalillo) announced that Wednesday was University of New Mexico Day. She introduced UNM President Garnett S. Stokes, who is the 23rd to hold the position and is also the first female to helm the state’s flagship university.
Continuing with UNM Day, Rep. Alan Martinez (R-Sandoval) introduced Dr. Michael Richards, who stepped into the chief role for the University of New Mexico Health Sciences and Health System last summer. He was appointed to the position permanently earlier this month.
RODEO QUEEN
Rep. Gail Armstrong (R-Catron, Sierra, Socorro & Valencia) introduced Alyssa Sauter on the House Floor as a guest. Sauter is the current Miss Rodeo New Mexico. Armstrong told members that Sauter graduated from Moriarity in 2017, where she was a three-sport athlete. At 22, she opened the Clover Feed & Supply in Moriarty, where she sells hay and grain.
SIGNING OFF FROM SANTA FE
We had hoped to bring you stunning news that the Senate Judiciary had moved an entire package of crime-fighting legislation forward. No such luck. Instead, it appears that once again we’ll have to wait for the next chapter in this session. We can only hope that the focus truly remains on public safety, translated as going after organized crime, busting up fentanyl-peddling gangs and making death caused by fentanyl sales a capital crime, among other much-needed toughening of the criminal justice laws. Meanwhile, we are encouraged that a strong package aimed at rebuilding our behavioral health system seems to be getting traction. This is another critical piece in the public safety landscape. It’s been a busy day here at the Roundhouse, and there’s much more to come tomorrow, including four very important public safety bills that are up in the House Consumer and Public Affairs Committee. Stand by for all the news and views, and thanks for joining us today. Have a very pleasant evening.
