Latest news with #HB392
Yahoo
08-03-2025
- Business
- Yahoo
Plastic bags in retail stores could soon be banned with new bill
SANTA FE, N.M. (KRQE) – The plastic bags most New Mexicans carry groceries or takeout food with might be different soon, statewide. That is, if a bill that's gaining traction makes it through the Roundhouse. A Democratic lawmaker's bill, HB 392, is leading the charge to ban most single-use plastic bags and boxes that are not able to be recycled or reused. 'What we have to do to help work towards mitigating the plastic waste crises is reduce some of these plastics that we simply don't need,' said Sarah Pierpont, Executive Director of New Mexico Recycling Coalition. What advocates call a growing problem that needs to be tackled in New Mexico. Plastic waste is the target of the proposed 'Single-Use Plastic Bag Act,' which aims to ban the use of plastic bags at all New Mexico retail stores. Under the proposed bill, plastic bags could still be used in some situations, like takeout liquids. If a customer doesn't bring their own bag? The law would make shoppers buy recycled paper bags for ten cents each. Cities or counties could also increase that fee. 'And that might seem like a big change and hard to manage but cities like Santa Fe and Las Cruces have done that and it really requires that the residents get on board and they bring their own bag and then it creates a funding mechanism for that community to help with litter prevention,' said Pierpont. Rep. Tara Lujan (D-Santa Fe) is a lead sponsor on the bill. She recently told lawmakers, New Mexico uses around 330 million single-use plastic bags each year. 'Plastic bags are not just polluting our world's oceans. they're also clogging up New Mexico's acequias waterways and roadsides, costing millions of dollars to clean up,' said Rep. Lujan. If the bill passes, retailers could face up to $1,000 fines for any violations. While a similar bill died two years ago, supporters say they're feeling confident this time. 'It's just like any 60-day session, we are all racing to get across the finish line. It's not dead yet, we're feeling really optimistic,' said Pierpont. A portion of the money collected from the bag fees would also go to local governments for litter and waste reduction projects. The bill also carves out an exception for people on assistance programs. The bill passed its first committee this session and is slated to face a second committee Friday night. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
05-03-2025
- Politics
- Yahoo
New poll: Utahns believe illegal immigration threatens safety, economy. Are lawmakers responding?
A Utah Senate committee resurrected a bill that would penalize driving without a license, four days after rejecting the same bill. The Senate Transportation Committee favorably recommended HB392, Unlicensed Driver Amendments, in a narrow 4-3 vote Tuesday, with Senate President Stuart Adams, R-Layton, appearing via Zoom at the last minute to vote 'no.' The bill, sponsored by Rep. Matt MacPherson, R-West Valley City, would allow law enforcement to impound the car of an unlicensed driver, as is already done for reckless driving, DUIs and uninsured vehicles. After the bill failed on Friday in a 3-3 vote, law enforcement representatives reached out to committee members to lobby for the bill, leading to committee chair Sen. Wayne Harper, R-Taylorsville, deciding to bring it back to life with three days left in the legislative session. While the Senate has shown a hesitance to take up criminal enhancement bills from the House, on Tuesday Utah's bicameral Legislature appeared united in its attempt to respond to voter concerns about the security and economic consequences of surges in immigration. A new Deseret News poll conducted in late February by HarrisX among 805 registered voters found that a plurality of Utahns believe that illegal immigration is harmful to public safety and economic well-being. When voters were asked what impact 'undocumented immigration' had on public safety in their area, 48% responded that it made their area 'less safe,' 31% said it had no impact and 9% said it made their area 'more safe.' The negative perception of illegal immigration's impact on public safety is not bipartisan. While 61% of Republicans said their communities felt less safe, 61% of Democrats said it had no impact on public safety. When voters were asked what impact undocumented immigration had on the economy of Utah, 44% responded that it 'hurts' the state's economy, 29% said it improves the economy and 10% said it has no impact. As historic numbers of immigrants entered the country over the last four years, totaling around 8 million people, the country experienced an increase in human trafficking, drug trafficking and anecdotes of gang activity. While chaos at the border allowed millions of unvetted individuals into the country, a consensus of studies have found that immigrants who entered the country illegally are significantly less likely to commit violent and drug crimes than native-born Americans. Many studies also show a positive relationship between immigration and economic growth. The estimated 305,000 immigrants in Utah contributed a total $1.2 billion in state and local taxes in 2023, including $323 million coming from the 113,100 estimated undocumented immigrants, according to an American Immigration Council report. However, a 2023 report by the Federation for American Immigration Reform found that 'illegal immigrants' cost Utah taxpayers nearly $930 million each year for publicly funded programs in education, health care and criminal justice. MacPherson ran HB392 in response to concerns from law enforcement across the state that they couldn't ticket unlicensed drivers to enforce the law because many of the drivers had no form of identification. In 2023, unlicensed drivers in MacPherson's home of West Valley made up nearly 50% of the 2,000 serious car crashes and nearly 50% of individuals identified in hit-and-runs were also unlicensed. The bill would allow law enforcement to seize a vehicle without a warrant if the driver does not possess a driver's license, permit or privilege card, and would implement towing and identification requirements similar to those followed by police officers in cases of reckless driving or driving under the influence. One of the biggest problems highlighted by law enforcement that the bill would have addressed was the inability for police to ticket these drivers because many of them do not have identification. The bill would require police to take a quick fingerprint of an unlicensed driver and would increase the penalty for driving without a license from an infraction to a class C misdemeanor, or a class B misdemeanor for repeat offenders. The bill would also increase the impoundment fee to retrieve a car from a tow yard from $425 to $600 and would add a minimum penalty of $500 for individuals that knowingly allow an unlicensed driver to drive their car. The latest version of the bill would give law enforcement more discretion to seize a vehicle if an individual with a driving credential is available to pick up the vehicle with permission of the registered owner. MacPherson's proposal is one of several law enforcement bills this legislative session framed by House Republicans as a response to four years of historic immigration. Other bills would enhance penalties for human trafficking, fentanyl distribution, criminal reentry and would make immigrants charged with violent misdemeanors eligible for immediate deportation.
Yahoo
01-03-2025
- Politics
- Yahoo
The Utah Senate shut down this House immigration bill. Why?
House Republicans launched the 2025 legislative session with a package of bills that would increase the consequences for immigration-related crimes. After six weeks of work, the Senate is slamming the door on some of them in a stated effort to limit the number of new criminal enhancements, while letting some pass through if they slim up. Senate Minority Leader Luz Escamilla, D-Salt Lake City, told the Deseret News on Friday that the Senate is applying strict scrutiny because the House filed around 80 bills this session that would toughen up law enforcement responses. Senate Judiciary Chair Todd Weiler, R-Woods Cross, told Rep. Ryan Wilcox, R-Ogden, on Friday that he needed to be convinced Wilcox's bill, which enhanced penalties for street gang recruitment and theft, was necessary. 'We can't continue to enhance everything every year,' Weiler said. 'It's an unsustainable course.' On Friday, the Senate Transportation Committee signaled the end of the road for Rep. Matt MacPherson's proposal that would have discouraged unlicensed driving, with little discussion even after the bill passed with large margins in the House. The bill, HB392, was brought forward at the request of law enforcement across the state who reported a surge in interactions with drivers without a license. In 2023, unlicensed drivers made up nearly 50% of the 2,000 serious car crashes in West Valley City, according to data published by the city police department. Nearly 50% of individuals identified in hit-and-runs were also unlicensed. The bill would have allowed law enforcement to seize a vehicle without a warrant if the driver did not possess a driver's license, permit or privilege card. In addition to increasing the penalty for driving without a license from an infraction to a misdemeanor, the bill would have implemented towing and identification requirements similar to those followed by police officers in cases of reckless driving or driving under the influence. One of the biggest problems highlighted by law enforcement that the bill would have addressed was the inability for police to ticket these drivers because many of them do not have identification. The bill would have required police to take a quick fingerprint of an unlicensed driver. Following the hearing, MacPherson, R-West Valley, said the Senate's goal of filtering out criminal enhancements should not be applied indiscriminately based solely on factors like jail capacity or funding. 'I think that unless it is done with careful thought, you risk ignoring real problems in our communities that still rely on the rule of law,' MacPherson said. The Senate has shown a desire to address an increase in immigrant crime after four years of historic immigration as long as it pertains to repeat offenders or is very narrowly tailored to violent crimes. On Thursday, the Senate presented its consensus immigration law enforcement bill to the House where it received a unanimous recommendation for a floor vote with just one week left in the 2025 legislative session. SB90, Mandatory Jail Sentence Amendments, would require mandatory jail sentences for drug and theft crimes committed by individuals who were previously convicted of one of these crimes, deported and then found to have reentered the country illegally. Bill sponsor Sen. Calvin Musselman, R-West Haven, referred to one instance of an unauthorized immigrant apprehended by local law enforcement who had previously been deported 11 times. 'They were clearly tied to organized crime,' Musselman said. 'There's almost a revolving door there. ... That's what this is trying to stop.' Musselman's bill would require someone who is convicted of a crime in Utah following criminal reentry into the United States to be sentenced with at least 90 days in jail for a class C misdemeanor, 180 days for a class B misdemeanor and 360 days for a class A misdemeanor or felony. The bill would prohibit an individual who receives one of these mandatory jail sentences from being turned over to the federal government for deportation until the person has served the entire mandatory jail sentence. It would allow local law enforcement to coordinate with U.S. Immigration and Customs Enforcement on deportation proceedings during the 14-day period before the final day of the individual's jail sentence. One of the central House bills related to state and national efforts to address crimes committed by immigrants underwent significant changes before the Senate said it could advance for a floor vote. Rep. Candice Pierucci's HB226 would partially reverse a 2019 law, passed unanimously, that decreased the maximum sentence for a class A misdemeanor by one day, to 364 days, in an attempt to skirt federal immigration policy that allows the immediate deportation of legal or illegal immigrants who are sentenced to 365 days or more. After her bill failed in committee earlier this week, Pierucci, R-Riverton, was able to bring it back on Friday on the condition that she removed certain provisions. The bill originally increased penalties for nonprofit groups that knowingly transported unauthorized immigrants into the state. This portion was removed, as was language allowing DUI's to trigger automatic deportation. The current version of the bill would increase the minimum sentence by one day only for violent class A misdemeanors like sexual abuse and assault. During meetings with ICE officials over the last year, the state's one-day sentencing reduction was repeatedly identified as an obstacle for federal authorities seeking to work with Utah law enforcement to deport immigrants who are in the country illegally, Pierucci said. 'Our 364 to 365 did make Utah somewhat of a target and somewhat of a magnet and made it difficult for us to work with ICE as they worked on deportation,' Pierucci told committee members. Pierucci's bill would codify law enforcement best practices of coordinating with federal immigration authorities before releasing an immigrant charged with a class A misdemeanor or a felony. It would also require the immigration status of arrested individuals to be submitted to a court as part of the probable cause statement and would give judges the presumption that individuals are considered a flight risk for bail if they are not lawfully present in the country. Escamilla voted against the bill, along with Weiler, arguing the bill would have a disproportionate affect on immigrants lawfully in the country, like green card holders, refugees and temporary visa recipients. 'These are misdemeanors and they are misdemeanors for a reason. And the moment we trigger that piece it's a completely different impact for lawfully present individuals,' Escamilla said. But this kind of disagreement is what makes the the bicameral system best for making good policy, according to Pierucci. On Wednesday, Musselman and Sen. Mike McKell, R-Spanish Fork, voted against Pierucci's bill. Three days later, after Pierucci narrowed the size and scope of her bill, they jumped on board. 'The House and Senate are very different,' Pierucci said. 'This is the way the process works.'
Yahoo
01-03-2025
- Politics
- Yahoo
The Utah Senate shut down this House immigration bill. Why?
House Republicans launched the 2025 legislative session with a package of bills that would increase the consequences for immigration-related crimes. After six weeks of work, the Senate is slamming the door on some of them in a stated effort to limit the number of new criminal enhancements, while letting some pass through if they slim up. Senate Minority Leader Luz Escamilla, D-Salt Lake City, told the Deseret News on Friday that the Senate is applying strict scrutiny because the House filed around 80 bills this session that would toughen up law enforcement responses. Senate Judiciary Chair Todd Weiler, R-Woods Cross, told Rep. Ryan Wilcox, R-Ogden, on Friday that he needed to be convinced Wilcox's bill, which enhanced penalties for street gang recruitment and theft, was necessary. 'We can't continue to enhance everything every year,' Weiler said. 'It's an unsustainable course.' On Friday, the Senate Transportation Committee signaled the end of the road for Rep. Matt MacPherson's proposal that would have discouraged unlicensed driving, with little discussion even after the bill passed with large margins in the House. The bill, HB392, was brought forward at the request of law enforcement across the state who reported a surge in interactions with drivers without a license. In 2023, unlicensed drivers made up nearly 50% of the 2,000 serious car crashes in West Valley City, according to data published by the city police department. Nearly 50% of individuals identified in hit-and-runs were also unlicensed. The bill would have allowed law enforcement to seize a vehicle without a warrant if the driver did not possess a driver's license, permit or privilege card. In addition to increasing the penalty for driving without a license from an infraction to a misdemeanor, the bill would have implemented towing and identification requirements similar to those followed by police officers in cases of reckless driving or driving under the influence. One of the biggest problems highlighted by law enforcement that the bill would have addressed was the inability for police to ticket these drivers because many of them do not have identification. The bill would have required police to take a quick fingerprint of an unlicensed driver. Following the hearing, MacPherson, R-West Valley, said the Senate's goal of filtering out criminal enhancements should not be applied indiscriminately based solely on factors like jail capacity or funding. 'I think that unless it is done with careful thought, you risk ignoring real problems in our communities that still rely on the rule of law,' MacPherson said. The Senate has shown a desire to address an increase in immigrant crime after four years of historic immigration as long as it pertains to repeat offenders or is very narrowly tailored to violent crimes. On Thursday, the Senate presented its consensus immigration law enforcement bill to the House where it received a unanimous recommendation for a floor vote with just one week left in the 2025 legislative session. SB90, Mandatory Jail Sentence Amendments, would require mandatory jail sentences for drug and theft crimes committed by individuals who were previously convicted of one of these crimes, deported and then found to have reentered the country illegally. Bill sponsor Sen. Calvin Musselman, R-West Haven, referred to one instance of an unauthorized immigrant apprehended by local law enforcement who had previously been deported 11 times. 'They were clearly tied to organized crime,' Musselman said. 'There's almost a revolving door there. ... That's what this is trying to stop.' Musselman's bill would require someone who is convicted of a crime in Utah following criminal reentry into the United States to be sentenced with at least 90 days in jail for a class C misdemeanor, 180 days for a class B misdemeanor and 360 days for a class A misdemeanor or felony. The bill would prohibit an individual who receives one of these mandatory jail sentences from being turned over to the federal government for deportation until the person has served the entire mandatory jail sentence. It would allow local law enforcement to coordinate with U.S. Immigration and Customs Enforcement on deportation proceedings during the 14-day period before the final day of the individual's jail sentence. One of the central House bills related to state and national efforts to address crimes committed by immigrants underwent significant changes before the Senate said it could advance for a floor vote. Rep. Candice Pierucci's HB226 would partially reverse a 2019 law, passed unanimously, that decreased the maximum sentence for a class A misdemeanor by one day, to 364 days, in an attempt to skirt federal immigration policy that allows the immediate deportation of legal or illegal immigrants who are sentenced to 365 days or more. After her bill failed in committee earlier this week, Pierucci, R-Riverton, was able to bring it back on Friday on the condition that she removed certain provisions. The bill originally increased penalties for nonprofit groups that knowingly transported unauthorized immigrants into the state. This portion was removed, as was language allowing DUI's to trigger automatic deportation. The current version of the bill would increase the minimum sentence by one day only for violent class A misdemeanors like sexual abuse and assault. During meetings with ICE officials over the last year, the state's one-day sentencing reduction was repeatedly identified as an obstacle for federal authorities seeking to work with Utah law enforcement to deport immigrants who are in the country illegally, Pierucci said. 'Our 364 to 365 did make Utah somewhat of a target and somewhat of a magnet and made it difficult for us to work with ICE as they worked on deportation,' Pierucci told committee members. Pierucci's bill would codify law enforcement best practices of coordinating with federal immigration authorities before releasing an immigrant charged with a class A misdemeanor or a felony. It would also require the immigration status of arrested individuals to be submitted to a court as part of the probable cause statement and would give judges the presumption that individuals are considered a flight risk for bail if they are not lawfully present in the country. Escamilla voted against the bill, along with Weiler, arguing the bill would have a disproportionate affect on immigrants lawfully in the country, like green card holders, refugees and temporary visa recipients. 'These are misdemeanors and they are misdemeanors for a reason. And the moment we trigger that piece it's a completely different impact for lawfully present individuals,' Escamilla said. But this kind of disagreement is what makes the the bicameral system best for making good policy, according to Pierucci. On Wednesday, Musselman and Sen. Mike McKell, R-Spanish Fork, voted against Pierucci's bill. Three days later, after Pierucci narrowed the size and scope of her bill, they jumped on board. 'The House and Senate are very different,' Pierucci said. 'This is the way the process works.'
Yahoo
28-02-2025
- Business
- Yahoo
Statewide single-use plastic bag ban moves forward in the Legislature
House Bill 392, the Single-Use Plastic Bag Act, proposes establishing a statewide ban on the bags, moving the entire state to join Carlsbad, Las Cruces, Silver City, Santa Fe and Taos in reducing plastic waste. (Photo by Leah Romero / Source NM) New Mexicans use at least 330 million single-use plastic bags a year, according to the New Mexico Environment Department and the New Mexico Recycling Coalition. These bags are used for 12 minutes on average, but have a life expectancy of 1,000 years. House Bill 392, the Single-Use Plastic Bag Act, proposes establishing a statewide ban on the bags, moving the entire state to join Carlsbad, Las Cruces, Silver City, Santa Fe and Taos in reducing plastic waste. The bill, carried by Rep. Tara Lujan (D-Santa Fe), passed through the House Energy, Environment and Natural Resources Committee Thursday on a party line vote of 7-4. It will head to the House Commerce and Economic Development Committee next. 'This bill would drastically reduce the amount of litter in the Land of Enchantment by banning single-use plastic bags with some common sense exceptions,' Lujan said the first time the bill was discussed by the House Energy, Environment and Natural Resources Committee on Feb. 20. The bill would require stores to charge a 10-cent fee per paper bag, with 3 cents going to the store and the rest going to the municipality or county for litter reduction and outreach. Lujan explained to committee members that municipalities have the choice to 'opt into' the program and adopt an ordinance to do so. If they choose not to join, the seven cents per bag will go to the Environment Department for litter reduction programs. Exceptions to the bag ban include ones used: for takeout food; separating produce for sanitary reasons; prescription drugs; drycleaning and several other situations. HB392 also allows municipalities or the Environment Department to collect fines from a retail establishment if they do not comply. If passed, the bill would go into effect on Jan. 1, 2026. The fiscal impact report notes that in addition to creating microplastics, plastic bags are considered 'contaminants' by materials recovery facilities. They can shut down facility operations for hours if they get wrapped around sorting equipment and it can be dangerous for workers to remove the bags from machinery. The report estimates facilities could save $3.8 million a year if plastic bags were banned. Rep. Jonathan Henry (R-Artesia) asked why the Legislature wouldn't allow municipalities or counties to take the time to make their own decision about adopting a plastic bag ban. 'This has been on the table for quite a while, if you will, and communities have had the opportunity to opt in,' Lujan responded. 'We're at a critical place where we need to take the action and that's what this bill delivers.' Lujan co-sponsored a similar bill in 2023, Senate Bill 243, but it died in committee before it could be discussed on the Senate floor. Albuquerque also established a single-use plastic bag ban in 2020, but the City Council repealed the ban in March 2022, after overriding a veto from Mayor Tim Keller. Danielle Prokop contributed to the reporting and writing of this article. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
