Latest news with #LindaSerrato
Yahoo
06-03-2025
- Business
- Yahoo
Legislative committee advances privacy bill aimed at protecting consumers
Mar. 5—One app to talk to friends in another country, another to clock in at work or pay for the laundry machine at an apartment complex — the ubiquity of internet services is growing ever more. So, too, is the personal data shared freely across the web. While skimming through a long terms of service agreement might not cause the average user much heartburn, the information being shared or misused just might — especially concerning data about a person's health or children. One bill making its way through the New Mexico Legislature seeks to address that problem. House Bill 410, the Consumer Information and Data Protection Act, would align New Mexico with similar laws in 22 other states. According to the bill's sponsor, Rep. Linda Serrato, D-Santa Fe, it also gives the New Mexico Department of Justice more teeth in punishing bad actors. Serrato said the time to pass this legislation was now because law enforcement can do little to help people when their data is compromised. "It really leaves all New Mexicans vulnerable to the fact that we can't protect our data," Serrato said during the first of two hearings in the House Commerce and Economic Development Committee. After the bill was amended, the committee passed the bill on an 8-0 vote during a March 3 hearing, sending it to the House Judiciary Committee for review. Serrato told the Journal the enforcement component was among the bill's most important changes. The Consumer Information and Data Protection Act gives the attorney general the power to investigate and fine businesses out of compliance, she added. If passed, businesses could not sell or offer to sell consumer health data without first obtaining consent. They also cannot share health data with employees or contractors unless confidentiality agreements bind those individuals. Additionally, businesses cannot use deceptive or manipulative user interface designs that make it harder for consumers to exercise their data rights, such as pre-ticked boxes, unclear language and no reject button. They also cannot ignore or delay consumer requests to access, correct or delete personal data, opt out of data processing for targeted advertising or profiling, or obtain a copy of their data. Restrictions would also apply to geofencing, a targeted marketing practice that sends tailored advertising to people when they enter a geographic area or, more specifically, mental health, reproductive health or sexual health facilities. Lastly, the bill would require businesses to use assessments to ensure that data is processed in compliance with the law. Serrato noted that this was a piece that other states do not have. The bill would not apply to nonprofit groups and colleges. It would only affect businesses that handle the data of at least 35,000 consumers or have processed data from at least 10,000 consumers and made over 20% of their total income from selling personal data. Most of the bill components are standard among the 22 states with similar laws. But for critics of the bill, that's exactly the problem. Caitriona Fitzgerald, a national advocate for data privacy, testified that measures like this around the U.S. don't go far enough. "They do little to change the status quo of companies being able to collect and use personal data however they like as long as they tell us what they are doing in a privacy policy that nobody reads," Fitzgerald said. Fitzgerald's organization, the Electronic Privacy Information Center, sent a letter to the House Commerce and Economic Development Committee denouncing the bill. "The bill seeks to provide to New Mexico consumers the right to know the information companies have collected about them, the right to access, correct and delete that information, as well as the right to stop the disclosure of certain information to third parties," the letter said. "However, in its current form it would do little to protect New Mexico consumers' personal information, or to rein in major tech companies like Google and Facebook." The letter also called for stronger protections, something Serrato described as unrealistic. When asked if she thought there would be enough time for the bill to pass through both houses before the session's end, Serrato said she's optimistic the bill will pass.
Yahoo
20-02-2025
- Business
- Yahoo
Reformed version of Paid Family and Medical Leave Act moves forward
Feb. 19—SANTA FE — A significantly reworked Paid Family and Medical Leave Act, with lower premiums and less paid time off for medical purposes, is on its way to the House floor after passing a committee on Wednesday where it died two years ago. If it passes the floor, House Bill 11 will likely wind up on the governor's desk. After a four-hour debate, the House Commerce and Economic Development Committee voted 6-5 to move the legislation along. Rep. Marian Matthews, D-Albuquerque, joined committee Republicans in voting against the bill. Under the revised bill, businesses and employees would no longer be taxed to pay for parental leave; rather, the state's Early Childhood Education and Care Department (ECECD) would front the cost. Employers with five or more workers and employees would still pay into a wellness fund for medical or sexual harassment safety leave, with employers paying a 0.15% premium — $1.50 for every $1,000 earned — and employees paying a 0.2% premium — $2 for every $1,000 earned. The committee substitute bill also reduces the amount of paid leave for bereavement, foster, medical, exigency or safety purposes to six weeks rather than nine weeks. Parents could still get up to 12 weeks of paid time off with a $3,000 monthly benefit per child from the separate ECECD fund. The state would start assessing premiums on employees and employers in 2027, and workers could start taking paid leave in 2028. "There's an old saying that you know it's a compromise when everyone's a little bit unhappy," said bill sponsor Rep. Linda Serrato, D-Santa Fe, speaking to the two main changes in the bill decreasing the amount of medical time off and lowering premium rates by 0.55%. Thirteen other states and Washington, D.C., offer paid family and medical leave, but House Speaker Javier Martínez, D-Albuquerque, noted in a news conference before the committee meeting that this approach would be unique to New Mexico. "It's a win-win," Martínez said. "It's a win for the families, it's a win for the workers, it's a win for the babies and it's a win for the small business community." The changes to HB11 didn't sway Republicans or business leaders who have stood in steady opposition to the Paid Family and Medical Leave Act, many of whom voiced concerns about having to fill workforce gaps. Minority Floor Leader Gail Armstrong, R-Magdalena, still labeled the bill as burdensome and called it the "largest health tax increase" in New Mexico's history. "The more taxes that we implement and the more mandates that we put on employers and employees take away the ability for employers to help make those decisions as a group, with the people that they care about that are doing a fantastic job," she said. Democrats have been working on the bill's changes for the past couple of weeks, signaling a reason the legislation hasn't moved at all since passing its first committee in January. It now has about a month to pass the House floor, then the Senate. The bill has made it through the Senate side twice in past years, always dying on the House side. The legislation failed to pass the House chamber by two votes last year, and three Democrats who voted against the bill all lost their seats in the 2024 election cycle. Matthews pointed out in her closing remarks that she won her election despite voting against the Paid Family and Medical Leave Act last year, when she also proposed her own narrower version of the bill that died. The committee tabled an amendment she introduced largely aimed at exempting caregiving employers from having to pay the premium, an industry for which Matthews has said she's particularly concerned. "I will remain a 'no' vote on this until and unless we start to treat these people (well)," she said after the vote. Senate President Pro Tem Mimi Stewart, D-Albuquerque, earlier this week told the Journal the proposal, if it makes it to the Senate, could pass with unanimous Democratic support in the chamber. But she also said she decided not to file a Senate bill on the subject this year, after passing the bill through the chamber the last two years. "I got tired of being the straw man," Stewart said. It's now up to Martínez when to schedule the bill to be heard on the House floor.
Yahoo
28-01-2025
- Business
- Yahoo
Paid parental, medical leave program passes first committee
Jan. 27—SANTA FE — The Paid Family and Medical Leave Act on Monday passed its first legislative hurdle, much to the relief — and dismay — of different parents present at its first committee hearing. It took more than two hours of discussion and public comment in the House Health and Human Services Committee before the bill was approved on a party-line 6-4 vote, with Democrats voting in favor and Republicans in opposition. Now, the bill has just under eight weeks to make it through the rest of the Roundhouse. It failed last year to pass the House floor by two votes. By implementing new fees, the legislation would allow employees to take up to 12 paid weeks off for parental leave and up to nine weeks off paid for medical or military exigency purposes. It would also allow nine weeks paid time-off for instances of domestic violence, stalking, sexual assault or abuse, for the employee or an employee's family member. Under the program, employees would pay 0.5% of their wages into the fund — $5 for every $1,000 — and employers with five or more employees would pay 0.4% of wages into the fund — $4 for every $1,000. Employees and employers would start paying into the fund in 2027, and employees could start requesting time off using the fund in 2028. Businesses that already offer a similar or broader paid leave program could apply for exemption waivers. The bill, House Bill 11, heads to the House Commerce and Economic Development Committee next. The debate Bill sponsor Rep. Linda Serrato, D-Santa Fe, was in the past pregnant while serving in the House and had to return to work within six weeks, she said during Monday's hearing. "That's all that my nonprofit could afford to give me, even though they wanted to do more. This is an insurance policy that allows them to do more," Serrato said. Meanwhile, new Rep. Elaine Sena Cortez, R-Hobbs, who had a baby two years ago, said this program would be New Mexico's largest proposed tax increase ever — something committee chair Rep. Liz Thomson, D-Albuquerque, said is inflammatory language and without evidence. "We already pay federal tax. We already pay income tax," Cortez said. "Many people are struggling just to buy groceries. ... Credit card use is at an all-time high. So now we are asking New Mexicans that are already struggling to pay an additional tax; is that correct?" The bill sponsors disagreed. The Democratic legislators didn't agree with Republicans' defining the program fees as a tax. A legislative analysis of the bill calls it a payroll tax. In response to a question from Rep. Pamelya Herndon, D-Albuquerque, bill sponsor Rep. Christine Chandler, D-Los Alamos, said the goal is to ensure a "healthy, happy, productive workforce, which also protects the employer." "Whenever the employee is successful, the employer is successful," Herndon said. "And so what we want to do is to make sure that they are able to take care of themselves when they need to, and that they're able to take care of their families when they need to. So this is a guaranteed savings plan to help make sure that there is funds to take care of them." A slew of parents attended the committee meeting, including Abby O'Connor, marketing director with the New Mexico Cattle Growers' Association. As a pregnant mother with a young child at home, she said, she understands where "the hearts are of the sponsors and the supporters as well as anybody. But I also understand that, as a small business owner and a fifth-generation rancher from this state, that this will kill small businesses." "Who do we expect to pick cherries, milk cows and go out and harvest hard crops when our employees are out on leave?" she added. But for mother Deborah Condit, having a paid leave program could've prevented her from needing to go on food stamps. Condit, owner of Albuquerque's Books on the Bosque, said her employer of four years didn't provide paid leave when she had her daughter. Now, as a business owner, she faces a similar situation where she can't afford to give her employees the paid time off she wants. "If there's a way for me as a small business owner to be able to provide that, sign me up," Condit said. Many people who spoke in opposition, including lawmakers, said they support the spirit of the bill but it's just not economically feasible for employers, especially those in rural America, to replace workers for 9-12 weeks. And, many of the same businesses and trade associations that opposed the bill last year again don't support it, like the New Mexico Chamber of Commerce and the New Mexico Restaurant Association. Business leaders noted the bill hasn't changed much since its 2024 failure on the House floor. A narrower version of the bill introduced last year by Rep. Marian Matthews, D-Albuquerque, died in its first committee. It's unclear if Matthews will introduce an alternative bill again this year. A possible compromise? At a breakfast at the La Fonda hotel hosted by the New Mexico Chamber of Commerce last week, Senate Majority Leader Peter Wirth, D-Santa Fe, encouraged business leaders to "stay at the table." "We're going to try and find a compromise," he said. "It doesn't mean everyone's going to be happy, but I think that it's important that we listen and hear the concerns and the input that you all have and try and get ourselves a place where we can move forward." The Governor's Office is still evaluating the bill and doesn't have a definitive position yet, said spokesperson Michael Coleman. House Minority Whip Alan Martinez, R-Bernalillo, questioned the bill sponsors on how the bill would work and how it's changed since 2019 to make it more amenable to business leaders. In response to a question from Martinez, Department of Workforce Solutions Secretary Sarita Nair said her agency would need 219 employees to run the program and currently has a 17% vacancy rate — or 100 employees. Though the committee hearing maintained a cordial climate, glimpses of tension appeared at different times. Thomson didn't pass out a non-validated survey on business responses to PFML, Martinez said, after which he asked validation for because "these numbers are important for the committee." He said more than 80% of businesses in his district — though the survey methods aren't clear — found issues with the proposed program. About 15 minutes into Martinez's line of questioning, and after repeated back-and-forth between him and Chandler about characterizations of the bill, Thomson said the lawmakers already "agreed to disagree" and asked them to move on. The House committee members were excused from the floor session for this debate, which was expected to be lengthy. Rep. Jenifer Jones, R-Deming, questioned bill sponsors for nearly an hour, digging into the legislation page by page. ---
Yahoo
28-01-2025
- Business
- Yahoo
Lawmakers want to bring paid family and medical leave to New Mexico
SANTA FE, N.M. (KRQE) – Lawmakers are once again pushing paid family and medical leave for workers across New Mexico. The bill would allow employees to take time off for reasons including paternity leave and domestic violence cases. Story continues below Legislature: Bill would require NM university board of regents members to get ethics and financial training Crime: FBI investigates two marijuana-growing operations in Torrance County News: Bernalillo County District Attorney Sam Bregman speaks on actions taken by President Trump on immigration A similar bill gained traction last session, but the 'Paid Family and Medical Leave Act' wasn't able to get the support it needed. On Monday, it was heard in its first committee and, once again, faced some opposition. 'Paid family leave truly is infrastructure for our workforce, it is a safety net for our workforce,' said Representative Linda Serrato (D-Santa Fe). The bill is co-sponsored by Democratic Representatives, Christine Chandler, Mimi Stewart, and Linda Serrato. It would cover employees asking for paternity leave, families preparing for a spouse in the military, medical reasons, and protecting employees experiencing domestic violence. However, business groups say the bill is harmful. 'While the current version of House Bill 11, has made some changes, the core of the bill remains unfriendly to businesses in New Mexico,' said Terri L. Cole, CEO of the Greater Albuquerque Chamber of Commerce. The bill would require all workers and employers to pay into a state fund, with one-half percent coming from an employee's wages and employers with five or more employees, paying four-tenths of a percent of each employee's wages. Some businesses say they don't have the budget to cover these extra contributions and add if more people can get leave, they won't have enough staff. 'That this will kill small businesses. We cannot go on with more taxes and regulations on top of the agriculture community,' said Abigail O'Connor, New Mexico Cattle Growers Association. Those in support shared emotional stories about how paid medical leave would help families struggling with sick family members. 'PMFLA will give our hard-working New Mexican families a guarantee that they will never have to choose between the most critical times in their lives and their job,' said one speaker in support of the bill. ' Whenever the employee is successful the employer is successful. And so, what we want to do is to make sure that they are able to take care of themselves when they need to and that they're able to take care of their families when they need to,' said Rep. Pamelya Herndon (D-Albuquerque). The bill passed Monday's committee with a 6-4 vote. It still needs to clear another committee and the House floor, before going through the same process in the Senate. If the bill were to pass, New Mexico would be the 14th state in the country to implement a state-run paid family and medical leave program. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
