Las Cruces officials look ahead to busy legislative session

Paid family medical leave, public safety improvements and more money for infrastructure are among the top priorities for the city of Las Cruces in the upcoming legislative session, according to a resolution passed by the city council on Dec. 2.

For municipalities like Las Cruces, the annual legislative session is a key source of funding, mostly notably for requests for capital outlay and state appropriations. But it’s also an opportunity to lobby the state’s highest assembly for changes to the law. 

The resolution is not Las Cruces’ final say in what happens during the session, as Councilor Becki Graham pointed out during the meeting. 

“It’s not even the start. Instead, what we’re talking about and what is on this resolution is going to be moving through the fluid dance that is legislative session,” Graham said. “What we advance here today, or don’t advance here, is not the end of the line.”

The state is expecting historic revenue, generated largely from the exploitation of oil and gas, a practice that contributes to climate change. According to an August report from the state’s Consensus Revenue Estimating Group, New Mexico will have about $659.6 million in “total new money.”

That means more money for more projects across the state and Las Cruces wants its share. The council resolution listed 14 projects the city wants state money for. They are:

• $5.9 million for East Mesa Recreational Complex continued construction
• $5.6 million for Thomas Branigan Memorial Library expansion and remodel
• $500,000 for inductive charging stations for the city's electric buses
• $385,000 for the Museum of Nature and Science remodeling
• $4.6 million for bike and walking pathways aligned with the city's active transportation plan
• $1.35 million to help along with a 218-unit affordable housing project for veterans, seniors, and workers
• $3 million to cover a gap in funding for a 40-to-50-unit housing project on the Community of Hope campus
• $1 million to improve ADA access to city hall and the municipal court
• $4.3 million for sewer mains and septic tank decommissioning to protect groundwater supply
• $700,000 to increase the supply of streetlights
• $2.4 million to increase lighting at Las Cruces parks, including Apodaca, Lions, Young, and Valley View parks
• $500,000 for five Las Cruces Police Department SWAT vehicles
• $1 million to build out LCPD’s Real-Time Crime Center including the acquisition of drone pods on city buildings.
• $2.5 million to cover a gap in funding for a new facility for the Las Cruces Fire Department’s Mobile Integrated Healthcare program and Project L.I.G.H.T. Mental Crisis Response.
  
  

State government is not the sole source of revenue for these types of projects, as City Councilor Yvonne Flores pointed out during the meeting; but it is a major source. 

Some general law changes endorsed by the city were legislation making it easier to build affordable housing, improve animal welfare outcomes and legislation that supports sustainability. 

Councilor Cassie McClure criticized the vagueness of those endorsements. 

“Things like affordable housing, that is such a buzzword, and I wish there were a little bit more,” McClure said. 

Larry Horan, a lobbyist who represents several municipalities and other entities, including Las Cruces, said the vagueness was the best that could be done at this early stage in the legislative process. 

The resolution also notes three specific endorsements: One for a bill allowing the city to help build sewer system connections, another for a proposal that would increase restrictions on access to public records and another for a bill that would entitle New Mexicans to paid family medical leave. 

“As we’re looking at policy priorities, we don’t know what the legislation is going to look like,” said Horan. “There are different alternatives for tackling some of these issues and legislation changes from when it’s first introduced to when it makes its way through the legislature.” 

One major policy issue discussed during the meeting was reforming New Mexico’s competency law.   

It is unconstitutional for any state to punish someone with jail time if that person is legally incompetent, according to a 1950 U.S. Supreme Court decision. In the ideal scenario, that person is treated and returned to competency so they can be tried. But in New Mexico, public safety officials have decried a scenario they say plays out all too often: Instead of treatment, people found incompetent after committing minor crimes have their cases dismissed and are released, only for the same process to play out if they commit additional crimes.   

A similar proposal was introduced by Democrats late into the 2023 session, but was criticized as being rushed and underbaked. Critics, including public defenders and civil rights groups, said the bill was cause more than good in its current state. 

Las Cruces Police Chief Jeremy Story seized on the proposal in the aftermath of the killing of Jonah Hernandez, a Las Cruces Police officer who was stabbed while investigating a trespassing incident in February. Story reiterated that position as well as others during the meeting. 

“There’s really several priorities I have and have had since Feb. 11, when Officer Hernandez was murdered,” Story said. “As Larry (Horan) said, it’s hard to commit to anything since we don’t have the actual bills yet.”

Story said that, in general, he’d like to see legislation that reforms the current system that sees some people charged with a crime (typically a nuisance crime like property damage), found incompetent, and released from jail only to go out and commit another crime. 

“I think New Mexico has too many resources and too many positive things going for it to be number one in crime,” Story said. 

The session begins Jan. 21, but legislation will be pre-filed starting Jan. 2 and ending Jan. 17. The final day of the session, Sine Die as it’s called, occurs March 22 at noon. The governor has until April 11 to sign legislation into law. If she declines, the legislation is effectively vetoed. The new legislation goes into effect June 20.