Tension among governor and New Mexico lawmakers as end of legislative session nears
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'Legislators have been exhausted by the excuses, exhausted by repeatedly hearing from different cabinet secretaries about their intention to try to make improvements there. I think its an important step one that will hopefully take us to a place where kids in state custody are better protected,' said New Mexico Attorney General, Raúl Torrez.
The governor signed into law the bill creating 'Office of the Child Advocate,' a public agency responsible for investigating complaints against CYFD. It would also be able to refer cases to the Attorney General for prosecution, something that the governor expressed opposition to in a letter to lawmakers saying, that having the AG's office involved 'weaponized' the office against CYFD and that it was 'a thinly-disguised vendetta' by the legislature against the governor.
Juvenile crime reform was also a big topic this session, but the last bill left on the issue, HB 255, failed to pass the Senate floor Thursday night with lawmakers disagreeing over how much to strengthen penalties, versus creating more support systems, sparking a heated reaction from sponsor Senator Moe Maestas (D-Albuquerque).
'We have to represent the consciousness of this state and not hang our hat on one provision of a 31-page bill that is the epitome of compromise,' said Sen. Maestas.
Other bills on their way to the governor's desk include a proposal to let districts decide the number of days in a school year, HB 65, and a bill requiring districts to create rules for student cell phone use in schools, SB 11.
Lawmakers also passed bills aimed at helping communities affected by wildfires, including the Wildfire Prevention Act, SB 33, which focuses on tree thinning and creating buffer zones to protect homes. And a bill offering zero-interest loans to communities for recovery.
A hotly debated topic on the House floor Friday afternoon was whether to allow voters not affiliated with a major political party to vote in the party primary of their choice. That bill, SB 16, passed 36-33.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Revenue forecast: NM took in $390 million more last year than previously projected
Aug. 19—SANTA FE — New Mexico took in $390 million more in the just-ended budget year than previously projected, giving lawmakers more wiggle room to respond to federal reductions to health care and food assistance programs. But a projected decrease in oil prices and a tepid outlook for future job growth could signal a looming slowdown to the state's recent revenue boom, top state budget officials told lawmakers during a Tuesday committee hearing. Those trends could also complicate the state's ability to absorb the federal funding changes on a long-term basis, assuming the reductions are left in place. The top budget official in Gov. Michelle Lujan Grisham's administration, Finance and Administration Secretary Wayne Propst, said the larger-than-expected revenue collections could allow lawmakers to put more money into two new state trust funds created this year — a behavioral health trust fund and a Medicaid trust fund. "We'd like to see those filled up as soon as possible," Propst told members of the Legislative Finance Committee at a Tuesday meeting in Las Cruces. Moving more state dollars into the trust funds could be the primary focus of a special session Lujan Grisham is expected to call next month. Top Governor's Office staffers have been meeting with legislative leaders in recent weeks about a special session spending package that could exceed $400 million, according to lawmakers involved in the discussions. The federal budget bill signed by President Donald Trump could lead to more than 90,000 New Mexico residents losing health care coverage and the possible closure of rural hospitals, state health officials have warned. The federal budget bill is projected to cost the state an average of $206 million per year over the next five years, executive and legislative branch economists projected. Sen. George Muñoz, D-Gallup, the LFC's vice chairman, said he's especially concerned about federal changes to the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, and said most state agencies should expect largely flat budgets in the coming year. "We've put a lot of money out into the economy, but we haven't seen the returns," he said during Tuesday's hearing. Muñoz also expressed concern that some of the state's revenue growth has been caused by rising inflation, which boosts state gross receipts tax revenue but negatively affects consumers. But Lujan Grisham described the new state revenue estimates as good news, given the state's future funding challenges. "Today's announcement that our state can expect nearly a half-billion dollars in additional revenue will help us protect the essential services for New Mexicans that Washington has abandoned," the governor said in a statement. Positive trends amid looming uncertainty Despite the uncertain future, the revenue estimates released Tuesday show positive recent state labor trends. New Mexico averaged 1,817 new jobs created per month over the first six months of this year, with 2,900 jobs added in June alone, according to Taxation and Revenue Department data. Much of that job creation was in the construction, health care and education fields. Meanwhile, the state lost jobs in the leisure and hospitality industry and also saw its number of federal workers decline. The state's overall growth in gross receipts tax revenue and positive investment returns were among the reasons the state took in more revenue during the fiscal year that ended in June than was projected eight months ago. "The base is higher, but the expectation for growth is lower," said state Taxation and Revenue Department Secretary Stephanie Schardin Clarke. Surging oil production in southeast New Mexico's Permian Basin has been a primary driver of the state's revenue boom over the last several years, while also allowing lawmakers to set aside millions of dollars in the newly-established trust funds for future use. Despite a recent dip in oil prices, the New Mexico State Land Office announced Tuesday it had broken a revenue record from oil and gas leases, driven by a newly implemented 25% royalty rate on certain extraction activities in the Permian Basin. The agency recorded $256 million in revenue at an August auction, in which 10 leases were offered in Lea and Eddy counties. Nine of the leases included the new rate. Preparing for 'rainy days' Looking ahead, legislators are projected to have roughly $485 million in "new" money during the coming fiscal year — a figure that represents the difference between projected revenue levels and current total spending. That budgetary windfall could allow for additional backfilling of safety net programs like Medicaid and SNAP. Senate Minority Whip Pat Woods, R-Broadview, said Tuesday some of the money could also be used to provide tax breaks for New Mexico residents, after a tax package approved by lawmakers this year was vetoed by the governor. But Rep. Derrick Lente, D-Sandia Pueblo, said legislators should also continue with the strategy of investing some incoming revenue for future use. "We're not just blowing money," he said. "We're putting it away for rainy days." In fact, with the total value of the state's various permanent funds having recently surpassed $64 billion, investment income is on track to overtake oil and natural gas as the state's primary revenue source in the coming years, Propst said. But the state's investment largesse could also prompt a new debate over how much of the money should be invested — and how much should be spent more immediately. 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Appeals court tosses New Mexico's seven-day waiting period for gun buys
Aug. 19—New Mexico's seven-day "cooling off" period for most gun purchases violates the Second Amendment right to bear arms, the 10th Circuit Court of Appeals ruled Tuesday. A three-member panel of the Denver-based court reversed the decision by U.S. District Judge James Browning of Albuquerque, who refused to grant a preliminary injunction in July 2024 to halt enforcement of the law. Gov. Michelle Lujan Grisham, in a statement on Tuesday, appeared to favor appealing the ruling, a sentiment echoed by state Sen. Joseph Cervantes, D-Las Cruces, who co-sponsored the measure during the 2024 legislative session. "We have tried very hard in the Legislature to stay within the lanes that the U.S. Supreme Court has put up," Cervantes told the Journal. "The challenge is that the Supreme Court keeps changing the goal posts." He said the 10th Circuit's conclusion was unexpected, considering that a number of other courts at the same level as the 10th Circuit have upheld such waiting periods as constitutional. Meanwhile, Republican lawmakers joined gun shop representatives in lauding the appeals decision. "Justice delayed is justice denied," said Jason Archie, manager of Right To Bear Arms gun shop at 11200 Montgomery NE. "It was represented as a way to prevent crime, but I didn't see that crime went down at all." He said enforcement of the waiting period was a "hassle" that most customers weren't happy about. The legal challenge to the law, which was enacted in early 2024, was filed on behalf of two gun owners, one from Farmington and the other from Albuquerque, who complained about trying to buy a firearm for personal purposes only to be told they had to come back a week later to pick it up. Supporters argued that the waiting period would help reduce gun violence and gun deaths in New Mexico. "Even though the potential to reduce impulsive gun violence might be true, once we acknowledge that the Waiting Period Act likely burdens Second Amendment activity, that potential is outweighed," wrote the appeals panel. The appeals court found that the law applies "a blanket burden across all of society, assuming that everyone is dangerous or unstable before they can exercise their Second Amendment right." In her statement, Lujan Grisham said the decision was "deeply disappointing, plainly wrong and likely to cost lives in New Mexico. New Mexico's waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights." She said the dissenting opinion in the ruling even notes that New Mexico's law "is likely to save approximately thirty-seven lives per year." "This ruling ignores a recent binding Tenth Circuit precedent that upheld Colorado's law barring gun purchases by anyone under the age of 21 — a law that requires 18-year-olds to wait three years to purchase a weapon," she added. The ruling also mischaracterizes New Mexico's gun purchase waiting period, saying it applies to "everyone" when, in fact, it doesn't apply to those who sell guns to immediate family members, those with a concealed carry permit and law enforcement officers, the governor stated. "The evidence is clear — waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis. I'm disappointed that today's ruling doesn't take this into account," she stated, adding that her administration was reviewing its legal options in reaction to the "misguided ruling." The New Mexico House initially approved a 14-day waiting period in early 2024, but a Senate floor amendment cut the wait time to seven days before the final passage. Meanwhile, Rhode Island, Maryland and New Jersey have adopted a seven-day waiting period, with four states, Colorado, Florida, Illinois and Vermont opting for three days. California has a 30-day waiting period. Browning, after hearing legal arguments and testimony from historian witnesses, also considered the plain language of the Second Amendment. He concluded that the right to acquire a firearm in New Mexico, which mandated the waiting period, didn't impede the right to "keep and bear" a firearm. But the appeals court held the opposite view, stating that "the constitutional injury to the Plaintiffs is so broad and clear that they have met their higher burden entitling them to an injunction changing the status quo." The court reversed Browning's ruling, and sent the case back for further proceedings. 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