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2021 NEW MEXICO LEGISLATURE

Local voting records show more unity than division

Southwest

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There was a lot more agreement during this year’s legislative session than you may have thought, given all the attention paid to contentious bills like those seeking to provide paid sick leave to workers or lower the Annual Percentage Rate (APR) on small loans.

Of the 159 bills and joint resolutions passed this session, 60 cleared both the House and Senate on unanimous votes. A bill to extend informed consent liability protection for Spaceport America, which was a contentious issue when first passed in 2010, was one of those that sailed through without a dissenting vote this time.

Gov. Michelle Lujan Grisham has until April 9 to sign bills passed this session. Anything not signed by that date will be pocket vetoed. She has already signed 14 bills into law, including legislation to remove an old abortion law, reform the state’s alcohol laws and provide assistance to business impacted by public health closures caused by the COVID-19 pandemic.

There is still some unfinished business. The governor has called for a special session March 30 to deal with legislation to legalize marijuana and to bolster the Local Economic Development Act (LEDA).

The split between rural legislators and those who represent larger cities can be seen in the voting records of southern New Mexico lawmakers. Rep. Willie Madrid, D-Chaparral, broke from his party on a number of important bills. Rep. Phelps Anderson of Roswell changed his party affiliation from Republican to Declined to State, and also has a voting record that reflects that independence.

Here is how local legislators voted on some of the more important bills this session. 

Following are the legislators representing southwest New Mexico counties.

Senators: Joseph Cervantes, Bill Soules, Jeff Steinborn and Carrie Hamblen, all Democrats representing Doña Ana County; Siah Correa Hemphill, Democrat, Catron, Grant, Socorro; Crystal Diamond, Republican, Sierra, Doña Ana, Luna, Hidalgo.

Representatives: Micaela Lara Cadena, Joanne Ferrary, Doreen Gallegos, Ray Lara, Angelica Rubio and Nathan Small, all Democrats representing Doña Ana County; Willie Madrid, Democrat, Doña Ana and Otero; Luis Terrazas, Republican, Grant, Sierra, Doña Ana; Rebecca Dow, Republican, Sierra, Grant, Hidalgo.

The voting record for southwest New Mexico lawmakers on key bills follows.

 

Senate Bills

SB 3 Expands a low-interest loan program for small businesses. Passed Senate 35-3, House 51-17, signed into law. Senators: Recused: Cervantes; Yes: Diamond, Hamblen (D), Hemphill, Soules, Steinborn. Representatives: Yes: Cadena, Dow, Ferrary, Gallegos, Lara, Madrid, Rubio, Small, Terrazas.

SB 8 Would allow local governments to impose environmental standards more strict than federal levels. Passed Senate 23-15, House 39-29, to governor. Excused: Cervantes. Absent: Diamond, Soules. Yes: Hamblen, Hemphill, Steinborn, Cadena, Ferrary, Gallegos, Lara. Rubio, Small. No: Dow, Madrid, Terrazas.

SB 10 Repeals invalid law outlawing abortion. Passed Senate 25-17, House 40-30, signed into law. Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Madrid, Rubio, Small. No: Diamond, Dow, Terrazas.

SB 11 Would have creates a new clean fuel standard. Passed Senate 25-14, died on House calendar. Excused: Cervantes, Diamond. Yes: Hamblen, Hemphill, Soules, Steinborn.

SB 17 Would create a new index for school funding decisions. Passed Senate 35-6, House 52-18, to governor. All voted yes, except Terrazas, who voted no.

SB 32 Would prevent trapping and snaring wildlife on public lands. Passed Senate 23-16, passed House 35-34, to governor. Excused: Hemphill. Yes: Cervantes, Hamblen, Soules, Steinborn, Cadena, Ferrary, Gallegos, Rubio, Small. No: Diamond, Dow, Lara, Madrid, Terrazas.

SB 35 Removes minimum-wage exemption for high school students. Passed Senate 26-14, House 40-25, signed into law. Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Diamond, Dow, Madrid, Terrazas.

SB 40 Would require statewide participation in K-5 Plus and Extended Learning Time programs. Passed Senate 31-9; House 56-13, to governor. Excused: Cervantes. All others voted yes except Diamond, who voted no.

SB 49 Would expand eligibility for LEDA funding. Passed Senate 36-4, House 63-5, to governor. Excused: Cervantes, all others voted yes.

SB 52 Allows extended unemployment benefits to conform with federal law. Passed Senate 49-0, House 62-1, signed into law. All voted yes.

SB 66 Would have set a new APR limit for small loans. Passed Senate 25-14, passed House 52-16, died for lack of House-Senate concurrence. Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Rubio, Small, Terrazas, yes. No: Diamond, Dow, Madrid.

SB 71 Would restrict debt collection by health care facilities. Passed Senate 27-12, House 42-28, to governor. Excused: Cervantes. Yes: Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Diamond, Dow, Madrid, Terrazas.

SB 84 Would establish regulations for community solar facilities. Passed Senate 27-14, House 44-3, to governor. Absent: Dow, Terrazas. Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Diamond, Madrid.

SB 93 Would create a new office for broadband expansion. Passed Senate 33-6, House 61-4, to governor. Absent: Terrazas. All others voted yes except Madrid, who voted no.

SB 94 Would allow student athletes to profit from their likeness, in violation of NCAA rules. Passed Senate 39-0, House 43-21, to governor. Excused: Cadena. Yes: Cervantes, Diamond, Hamblen, Hemphill, Soules, Steinborn, Ferrary, Gallegos, Rubio, Small. No: Dow, Lara, Madrid, Terrazas.

SB 102 Would have moved state permanently to Daylight Saving Time when allowed by federal law. Passed Senate 22-18, died in House Commerce and Economic Development Committee. Yes: Hemphill. No: Cervantes, Diamond, Hamblen, Soules, Steinborn.

SB 112 Would develop a plan to diversify the state's economy. Passed Senate 25-16, House 40-25, to governor. Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Diamond, Dow, Madrid, Terrazas.

SB 114 Would have restored rights to vote, serve on a jury or hold public office for ex-felons after release from prison. Passed Senate 37-4, House 37-33, died for lack of concurrence.

Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Rubio, Small. No: Diamond, Dow, Lara, Madrid, Terrazas.

SB 133 Would create new program to support rural air service. Passed Senate 31-9, House 63-4, to governor. Excused: Cadena. All others voted yes, except Diamond, who voted no.

SB 181 Would have made it easier for those convicted of crimes to pay costs and fines. Passed Senate 25-15, died on House calendar. Excused: Cervantes, all other senators voted yes except Diamond, who voted no.

SB 219 Would remove proof of citizenship requirement for certain occupational licenses and permits. Passed Senate 36-1, House 45-23, to governor. Excused: Hemphill, all others voted yes except Dow and Terrazas, who voted no.

SB 230 Would address racism in state government. Passed Senate 29-7, died on House calendar. Absent: Diamond. All other senators voted yes.

SB 247 Would reduce sentences for juveniles serving life without parole. Passed Senate 28-11, died on House calendar. Excused: Cervantes. All other senators voted yes except Diamond, who voted no.

SB 304 Would establish an independent redistricting commission. Passed Senate 31-6, House 64-2, to governor. Excused: Hamblen. All others voted yes except Diamond, who voted no.

SB 317 Would remove copays for mental health services. Passed Senate 25-12, House 43-26, to governor. Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Diamond, Dow, Madrid, Terrazas.

SB 367 Would create a commission to propose changes to the state constitution. Passed Senate 40-2, died on House calendar. All senators voted yes except Diamond, who voted no.

 

House Bills

HB 2 The state’s main budget bill. Passed House 60-10, Senate 29-13, to governor.

Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Madrid, Rubio, Small. No: Diamond, Dow, Terrazas.

HB 4 Would remove qualified immunity for public employees. Passed House 39-29, Senate 26-15, to governor.

Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Diamond, Dow, Madrid, Terrazas.

HB 10 Would establish a new council as co-coordinator of broadband programs. Passed House 64-6, Senate 32-10, to governor. All southwestern legislators voted yes.

HB 11 Provides grants for small businesses impacted by the pandemic. Passed House 51-16, Senate 41-1, signed into law. All voted yes.

HB 12: Would have legalized recreational use of marijuana. Passed House 39-31, died on Senate calendar. Yes: Cadena, Ferrary, Gallegos, Lara, Madrid, Rubio, Small. No: Dow, Terrazas.

HB 20 Would require paid sick leave for all employees. Passed House 36-33, Senate 25-16, to governor. Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Diamond, Dow, Madrid, Terrazas.

HB 22 Expands eligibility for the Grow Your Own Teacher Act. Passed House 69-0; Senate 38-0. Signed into law. All voted yes.

HB 23 Would add new requirements for medical schools. Passed House 65-0; Senate 37-0. To governor. All voted yes.

HB 29 Would prohibit school rules on hairstyles. Passed House 66-0; Senate 38-0; to governor. Excused: Hemphill. All others voted yes.

HB 47 Would allow help in dying for the terminally ill. Passed House 39-27, Senate 24-17, to governor. Yes: Cervantes, Hamblen, Hemphill, Soules, Steinborn, Cadena, Ferrary, Gallegos, Lara, Madrid, Rubio, Small. No: Diamond, Dow, Terrazas.

HB 55 Would require public disclosure of capital outlay allocations. Passed House 65-1, Senate 40-0, to governor. Absent: Small. All others voted yes.

HB 56 Would have toughened penalties for human trafficking. Passed House 63-3, died in Senate Judiciary. Absent: Cadena. All other House members voted yes except Rubio, who voted no.

HB 57 Provides liability protection for prescribed burns. Passed House 64-0, Senate 37-1, signed into law. Absent: Madrid. All others voted yes.

HB 68 Would maintain implied consent protections for Spaceport America. Passed House 64-0, Senate 41-0, to governor. All southwestern legislators voted yes.

HB 74 Would have restored voting rights more quickly for felons released from prison. Passed House 44-24, died in Senate Rules Committee. Yes: Cadena, Ferrary, Gallegos, Lara, Madrid, Rubio, Small. No: Dow, Terrazas.

HB 122 Would have created a new fund for uninsured New Mexicans. Passed House 43-25, died in Senate Finance Committee. Yes: Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Dow, Madrid, Terrazas.

HB 163 Would have made financial literacy a graduation requirement. Passed House 65-0, died on Senate calendar. Excused: Cadena, all other House members voted yes.

HB 177 Would allow the sale of certain homemade foods. Passed House 63-1, Senate 38-2, to governor. All southwestern legislators voted yes.

HB 200 Would prevent diversion projects on the Gila River and replace CAP Entity. Passed House 43-24, Senate 26-15, to governor. Yes: Cadena, Ferrary, Gallegos, Lara, Madrid, Rubio, Small. No: Diamond, Dow, Terrazas.

HB 206 Would have provided utility assistance for those impacted by the pandemic. Passed House 39-31; died in Senate Finance Committee. Yes: Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Dow, Madrid, Terrazas.

HB 212 Would allow NMSU-Carlsbad to become independent. Passed House 62-7, Senate 36-0, to governor. Absent: Cervantes, Hemphill. Yes: Dow, Ferrary, Madrid, Small, Terrazas, Diamond, Hamblen, Soules, Steinborn. No: Cadena, Gallegos, Lara, Rubio.

HB 214 Would have removed minimum wage exemption for workers with disabilities. Passed House 48-19, died in Senate Tax, Business and Transportation Committee. Absent: Gallegos. Yes: Cadena, Ferrary, Lara, Madrid, Rubio, Small. No: Dow, Terrazas.

HB 222 Would create a new ombudsman for special education. Passed House 68-0, Senate 38-0, to governor. All voted yes.

HB 234 Would establish a pilot program in the courts to monitor guardianship cases. Passed House 64-0, Senate 38-0, to governor. Absent: Cervantes, Diamond. All others voted yes.

HB 255 Creates a new class of liquor licenses and allows home delivery of alcohol. Passed House 41-27, Senate 29-11, signed into law. Excused: Hemphill. Yes: Cadena, Ferrary, Gallegos, Rubio, Small, Cervantes, Hamblen, Soules, Steinborn. No: Diamond, Dow, Lara, Madrid, Terrazas.

HB 268 Would have included COVID-19 in worker’s compensation claims. Passed House 38-27, died in Senate Judiciary Committee. Yes: Cadena, Ferrary, Gallegos, Rubio, Small. No: Dow, Lara, Madrid, Terrazas.

HB 270 Would allow for driverless vehicles. Passed House 60-4, Senate 28-11, to governor.

Excused: Cadena. Absent: Diamond. All others voted yes except Steinborn, who voted no.

HB 276 Would have banned protests outside of homes. Passed House 33-31, died in Senate Judiciary Committee. Yes: Cadena, Gallegos, Lara, Madrid. No: Dow, Ferrary, Rubio, Small, Terrazas.

HB 291 Would make changes to state income tax. Passed House 43-27, Senate 40-0, to governor. Yes: Cervantes, Diamond, Hamblen, Hemphill, Soules, Cadena, Ferrary, Gallegos, Lara, Rubio, Small. No: Steinborn, Dow, Madrid, Terrazas.

House Joint Resolutions

HJR1: Would amend the state constitution to increase the annual distribution from the permanent fund for early childhood programs if approved by voters. Passed House 44-23, passed Senate 26-16; will be on the ballot in November 2022. All voted yes except Diamond and Steinborn, who voted no.

HJR 9 Would have amended anti-donation clause in the state constitution to allow funding for infrastructure projects. Passed House 44-24, died on Senate calendar. All House members voted yes except Dow, who voted no.

For more information, visit www.nmlegis.gov.

Walt Rubel, New Mexico Legislature

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