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The 2023 session of the NM legislature wasn’t as frightening as the 1920s’ German film, the Cabinet of Dr. Caligari, but it wasn’t as cool as Mark’s cabinet of wonders on display at the North 4th Arts Center either (see above). This year’s legislature started with a $3.6 billion surplus, firm Democratic control of both chambers, and a new regime in the House with Speaker Javier Martinez, and new House chairs Reps. Nathan Small (Appropriations) and Derek Lente (Taxation). There was real opportunity for investments, tax reform, more voting access, legislative modernization and acting to avert global warming. Here are my highs and lows: Victories: •Protecting the right to abortion and gender-affirming health care with a law that has already spurred a court decision to make Eastern NM counties and city’s halt their local bans on abortion providers (HB 7). The story is not over, however, since that whole move was to spur court action that could be appealed to the Supreme Court. •Providing free lunches and breakfasts to NM schoolkids (SB 4). •Using some of the surplus to create a Legacy Fund to conserve land and water resources (SB 9). •Expanding voter access to Native Americans, those formerly incarcerated and providing with better automatic registration, and a permanent absentee list (HB 4). The bill was contested by Republicans at every step of the way—but the Dems stood together to pass it. •Protecting children from gun violence that may come from improper storage of guns. HB 9 was named for Bennie Harper, the Washington Middle School student who was killed a few years back by another child with his parent’s gun. Republicans opposed at every step. •Putting New Mexico on record as opposing a private, high-level nuclear waste storage facility (SB 53). Defeats: • In the wake of Covid, the Paid Family Leave Act (SB 11) had a huge amount of support to provide time off to care for an ailing family member or a newborn. But it was narrowly defeated in the House Commerce and Industry Committee when Democrats Patty Lundstrom and Marian Matthews voted to table it. The proponents have vowed to return. • Two constitutional amendments (HJR 2&8) advanced by a coalition of House women to extend the state’s very short legislative sessions and set up an independent commission to study if and how much to pay legislators both failed. The modernization efforts are a key part of improving the legislature’s effectiveness, power and ability to attract a more diverse membership. The salary measure (which would have gone on the ballot in 2024) passed the House but faltered in the Senate. A companion measure to study more staff for legislators passed early in the session. The proponents have vowed to try again. •Global warming coming from NM oil and gas producers will continue to increase with the failure of legislation to enforce drilling regulations and to increase in taxes and royalties on these extractive industries. A “green” constitutional amendment which would have made holding companies legally accountable also failed. For me, the real disappointment comes from the continued underfunding of the two departments that are supposed to be tracking violations of the methane rule that prevents flaring. Right now, the departments rely on companies’ self-reporting along with EPA or citizen flyovers which often reveal methane plumes that have not been reported. •Truly open primaries, where independents (or “decline to state” voters) can request a ballot from either of the major parties in a primary without switching to them permanently, got further than it ever did this session. But SB 73 died when House Judiciary Chair Rep. Christine Chandler declined to hear it in the final days of the session. The measure had bipartisan support. • With the death of SB 217 and 218 the Senate once again signaled that transparency—at least when it comes to lobbyists—is not a priority. The bipartisan supported bills would have simply required lobbyists to declare what bills they are lobbying for or against and for whom. A no-brainer—for those who want to know what’s going on. They would have also required disclosure of what the lobbyists are paid by their employers. Perish the thought! This from a place where paid lobbyists can outnumber unpaid legislators by 10 to one, depending on the session. •With extra money to cushion any blow, 2023 was to be the year of tax reform. It wasn’t. Yes, taxpayers will get a $500 rebate(this will cost the state $666 million) and the gross receipts tax will be reduced slightly over the next few years. If the Governor signs the huge omnibus bill, the child income tax credit will increase. But there will be no real reform to make the income tax more progressive and the reduced alcohol tax that emerged from the conference committee is pathetic. Yes, the capital gains deduction is capped, but tax pyramiding still stands—to the detriment of many small businesses. • I am particularly disappointed in what happened to the proposed 25 cent a drink tax, which was reduced to 15 cents, then 5 cents and then to under 1 cent, which will have no deterrent effect on alcohol use and hence, New Mexico’s astronomical rate of alcohol-related deaths. Read this and weep. Final Grade: B- Well, as you can see, my defeats list is much longer than my victories. But I am an easy grader and give points for movement and the tremendous amount of civic engagement from advocates and ordinary citizens. Despite the outcome of the modernization efforts, I’m encouraged by the energy of younger members now coming into their own in the House, and the band of mothers that will continue to push through family friendly policies in years to come. Check out this photo below of the representatives who pushed HJR 8 on salaries through the House! |
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