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FRI: Higher health insurance surtax among NM's new laws, State sees COVID test shortage as cases top 2,000, + More

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While New Mexico struggles to fight the omicron variant of COVID-19, the state is running short of at-home rapid tests. pictured: file photo of an Abbott BinaxNow test,2
Ted S. Warren

Higher health insurance surtax among New Mexico's new laws - By Morgan Lee Associated Press

With the arrival of the new year, new laws are taking effect in New Mexico that aim to bolster access to health insurance and eliminate many court fines against juveniles that are viewed as counterproductive.

One bill approved by Gov. Michelle Lujan Grisham and the state's Democrat-led Legislature adds a 2.75% surtax on health insurance premiums — the upfront payments made on behalf of an individual or family to keep insurance active — starting Jan. 1, 2022. The current surtax is set at 1% of premiums.

The tax increase will be used in large part to underwrite health-exchange insurance offerings for low- and moderate-income individuals, along with employees at small businesses, starting in 2023.

Insurance Superintendent Russell Toal says the surtax will provide a crucial subsidy when Medicaid coverage under special federal pandemic provisions expires for an estimated 85,000 residents. Many patients who leave Medicaid are likely to seek out policies on the state insurance exchange.

Separately, New Mexico is eliminating many fines and fees in the juvenile justice system that are viewed as potentially harmful and expensive to administer.

Under the legislation from Democratic state Reps. Roger Montoya of Velarde and Gail Chasey of Albuquerque, the state will no longer collect a $10 application fee for assignment of a public defender in delinquency cases. The new law also eliminates fines for possession of marijuana by a minor and limits community service requirements to 48 hours for minors caught with pot.

New Mexico in late June legalized nonmedical cannabis for adults 21 and older and authorized retail sales of recreational marijuana by April 1, 2022.

Regarding the state's new surtax, several legislators — Republican and Democratic — have worried a tax increase on policies would be passed on to businesses and consumers by health insurance companies. Insurance officials say nearly 90% of the tax increase will fall on managed care organizations that provide Medicaid insurance.

State officials also hope to use a portion of the new tax proceeds to attract more federal matching funds for local Medicaid providers.

Toal says it is still up to the Legislature in 2022 to approve spending that reduces costs at the state health insurance exchange and helps small businesses. Lawmakers convene Jan. 18 for a 30-day session that focuses primarily on budgetary matters.

New laws take effect across US on abortion, policing, taxes - By Wilson Ring Associated Press

Minimum wage increases, animal protections, police accountability, cutting and increasing taxes are all part of a series of new laws taking effect across the country on Saturday, the first day of 2022.

Some of the laws such as abortion restrictions in New Hampshire or police reform measures passed in Illinois, Oregon and North Carolina address some of the most contentious issues of our time.

Others, such as a Maine law passed in the aftermath of a September 2019 explosion that killed a firefighter and injured a number of others, are more narrowly focused and were passed to remedy specific situations.

The Connecticut Parentage Act allows unmarried, same-sex or nonbiological parents to establish parenting rights through a simple form that gives parents legal capabilities immediately after a child is born.

In Kansas, people will be allowed to buy specialized license plates featuring the "Don't Tread on Me" and coiled snake symbol featured on what's known as the Gadsden flag. Critics suggested that the Gadsden flag has become a racist symbol that has been adopted by some far-right groups.

Here is a rundown of some of the new laws taking effect Saturday across the country:

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ABORTION

In New Hampshire, abortion will be prohibited after 24 weeks of gestation, with exceptions for the mother's life or physical health.

Democrats have already drafted legislation seeking to repeal the new restrictions. Some also want to include the right to make reproductive medical decisions a constitutional right.

The new law in New Hampshire comes as the U.S. Supreme Court is considering a case that could severely erode abortion rights that have stood for half a century. Republican lawmakers across the country are ready to further restrict or ban abortions outright while Democratic-led ones are seeking to ensure access to abortion in their state law.

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ANIMAL WELFARE

Come Saturday California will have the nation's toughest living space standards for breeding pigs.

Industry lawsuits failed to block the measure that is the result of a 2018 ballot initiative failed, but grocers and restauranteurs are now suing to force a 28-month delay. Critics including some lawmakers of both parties have called for putting off enforcement until 2024 for fear prices will rise and jobs will be lost.

California is allowing the continued sale of pork processed under the old rules, which proponents say should blunt any shortage and price surge.

Maryland will join a number of states with a new law that will prohibit the sale of any new cosmetic product if it contains ingredients that were tested on animals.

In Vermont, a new law outlaws the trade in parts or products from a number of exotic animals, including elephants, giraffes, sea turtles, endangered sharks, whales and certain primates.

The law includes exemptions for law enforcement, educational or scientific uses. The law also allows for the trade in antiques that contain small amounts of the animal product or is a fixed component of a firearm; knife; or a legally acquired, small musical instrument.

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DRUG LAW CHANGES

Recreational marijuana will become legal in Montana. State voters approved the change in a November 2020 initiative.

Under the new law, only businesses that had been providing medical marijuana prior to Nov. 3, 2020, are eligible to grow, manufacture and sell adult-use marijuana, concentrates and edibles through June 30, 2023.

A new Mississippi law eliminates the requirement for a prescription to buy decongestants that contain ephedrine or pseudoephedrine. Under the new law, the medicine will be available behind the counter of pharmacies, and pharmacists will be required to keep track of how much is sold to one person.

Like many other states, Mississippi mandated a prescription years ago because drug enforcement agents said medications with ephedrine or pseudoephedrine were being used as an ingredient in crystal methamphetamine. Some consumers complained that nonprescription decongestants were not strong enough.

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MINIMUM WAGE

California will become the first state to require a $15-an-hour minimum wage for businesses with more than 25 employees. A number of other locations across the country have already reached the $15 threshold.

More than 20 other states are also increasing their minimum wages to amounts of less than $15. A handful of states have no state-level minimum wage law, meaning they rely on the federal minimum wage of $7.25 per hour.

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PHYSICAL DISCRIMINATION

In both Illinois and Oregon, new laws take effect that ban discrimination based on physical characteristics, such as hairstyle.

In Oregon, the bill known unofficially known as the "Crown Act" will ban discrimination based on "physical characteristics that are historically associated with race," including hair styles such as braids, locs and twists.

In Illinois, the legislation is known as the Jett Hawkins Law after Gus "Jett" Hawkins, a Black student who at age 4 was told to take out his braids because the hairstyle violated the dress code at his Chicago school.

His mother, Ida Nelson, began an awareness campaign after the incident, saying stigmatizing children's hair can negatively affect their educational development. She called the it "monumental" when the bill was signed last summer by Democratic Gov. J.B. Pritzker.

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POLICE REFORM

Spurred by the racial reckoning following the murder of George Floyd and other Black people killed by police, a number of states passed new criminal justice laws in 2021 — the first full year of state legislative sessions after Floyd's death.

An Illinois law standardizes certification of police officers by the Illinois Law Enforcement Training and Standards Board and allows for decertifying officers for repeated errant or unethical behavior, instead of only when they're convicted of a crime.

In North Carolina, law enforcement recruits now must receive psychological screenings by a licensed psychologist to determine their suitability for the job before they can work as an officer or deputy. A previous mandate didn't apply to everyone.

In Oregon, a new law requires a police officer who witnesses another officer engaging in misconduct or a violation of the state's minimum moral fitness standards to report it to a supervisor within 72 hours. A police agency must complete an investigation within three months and report findings of misconduct that rises above minor violations to the state.

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TAXES

In Georgia, a new law increases the amount people can earn before they start paying state taxes. The tax cut will save individual tax filers up to $43 a year, and married couples filing jointly up to $63.

Georgia teachers who agree to work in certain rural or low-performing schools could get up to $3,000 a year off their state income taxes for five years.

In Oklahoma, the top individual income tax rate is dropping from 5% to 4.75%. Lawmakers also slashed the corporate income tax rate from 6% to 4%.

"I've pledged to make Oklahoma a top 10 state for business and making our business taxes among the lowest in the nation is another tool that will help us continue to recruit and retain companies," Oklahoma's Republican Gov. Kevin Stitt said after signing the bills.

In New Mexico, Gov. Michelle Lujan Grisham and the state's Democrat-led Legislature added a new 2.75% surtax on health insurance premiums.

The tax increase will be used in large part to underwrite health-exchange insurance offerings for low- and moderate-income individuals along with employees at small businesses, starting in 2023.

Hispanic Republican legislator retires in New Mexico House - Associated Press

Republican state Rep. Alonzo Baldonado of Los Lunas is retiring from the New Mexico Legislature after a decade of advocacy for a district in central New Mexico and socially conservative causes.

A spokesman for House Republicans announced Baldonado's departure Friday in a news release.

The statement highlights efforts to fund a regional hospital and highway interchange in Valencia County. A bill signed this month sets aside $50 million of federal pandemic relief funds for the hospital.

Baldonado served as House majority whip for two years during a brief but historic Republican takeover of the House after six decades of uninterrupted Democratic control.

With Baldonado's support, the New Mexico House of Representatives approved a ban on late-term abortions and a bill requiring that parents be notified at least 48 hours before a minor ends a pregnancy — initiatives that stalled in the Democrat-controlled state Senate.

Democrats recaptured the House majority in 2016 and in early 2021 helped overturn the state's dormant ban on most abortion procedures.

As a Hispanic legislator, Baldonado also participated in efforts by the Republican Party to expand racial and ethnic diversity within its ranks.

The Valencia County Commission will name a replacement to serve out the remaining year of Baldonado's term in a House district that extends across Los Lunas, stretching from Bosque Farms to Belen.

That district would change only slightly under new political maps approved by the Democratic-led Legislature. Registered Republicans would outnumber Democrats by about 3 percentage points in a district that has sided heavily Republican candidates in recent elections.

Democratic Gov. Michelle Lujan Grisham is considering whether to sign the redistricting proposal.

New Mexico sees test shortage as coronavirus cases top 2,000 — Associated Press

New Mexico was running short of at-home rapid tests Thursday to detect COVID-19 infections as the state struggles with the spread of the Omicron variant of the coronavirus.

The state's supply of free at-home was overstretched, according to according to Vault Health, which runs the state's contract. The announcement came hours after Democratic Gov. Michelle Lujan Grisham wrote that residents could "order a testing kit today."

By afternoon "all available tests have been shipped" for New Mexico, according to a message on the provider's website. The company is offering paid testing instead.

The state reported an additional 2,209 cases of COVID-19 on Thursday, bringing the number of cases confirmed by testing since the pandemic began in early 2020 to 350,043. The number is lower than the record of 2,992 one day last year, and also lower than late last month.

State health officials also reported 26 additional deaths, bringing the total to 5,855.

New Mexico hospitals were treating 514 people for COVID-19.

Navajo council votes to send big checks to tribal members — Associated Press

The Navajo Nation's tribal council has voted to send $2,000 checks to each qualified adult and $600 for each child using $557 million in federal coronavirus relief funds.

The council's vote to send the checks to about 350,000 tribal members was approved Thursday by Navajo Nation President Jonathan Nez.

Wednesday's 18-2 vote during a special session of the tribe's lawmaking body will tap some of the approximately $2.1 billion the tribe is receiving from President Joe Biden's American Rescue Plan Act. The payments will be automatically sent to tribal members living on or off the reservation who applied for relief funds under a previous round of hardship assistance payments.

"It has been over 8 months since President Joe Biden signed into law the American Rescue Plan Act and our Navajo people should not suffer another day without knowing how their government will assist them as they suffer from grief, mental health and financial hardship," Council Delegate Amber Kanazbah Crotty said in a statement.

An estimated 250,000 adults will each receive $2,000 payments and parents or guardians of 95,000 tribal members under age 18 with receive $600 for each child.

"A second allocation of hardship assistance payments ... will allow our relatives to purchase essential winter supplies like gasoline, firewood, and food now," Crotty said.

Also Thursday, Nez approved $300 checks for tribal residents age 60 and older who previously showed they needed extra assistance. The checks will come from nearly $16 million in remaining money the tribe has from relief funds approved by former President Donald Trump.

Earlier this month, a Council committee met to consider how to spend $1.2 billion in virus relief funds. They discussed spending the money on a large number of infrastructure projects and on $207 million in payments Nez had agreed to provide.

Nez will have 10 days after formally receiving the legislation to veto or sign it.

US nuclear repository marks 200+ shipments of waste in 2021 — Associated Press

The U.S. government’s underground nuclear repository received more than 200 shipments from federal laboratories and other sites around the nation in 2021.

Officials with the U.S. Energy Department announced the number Thursday, noting that total shipments to the Waste Isolation Pilot Plant have topped 13,000 since opening in 1999.

They also said progress was made over the past year on a new ventilation system and a utility shaft that will provide more air to the underground space at the southern New Mexico site. An important hoist used to remove salt mined also received a facelift that included resurfacing and repainting the 100-foot tall metal structure.

Over more than 20 years, tons of Cold War-era waste have been stashed deep in the salt caverns that make up the repository. The shipments have included special boxes and barrels packed with lab coats, rubber gloves, tools and debris contaminated with plutonium and other radioactive elements.

New Mexico governor signs state House redistricting measure — Associated Press

Gov. Michelle Lujan Grisham has signed legislation to redraw election boundaries for seats in the New Mexico House of Representatives.

The Democrat signed the measure Wednesday, calling it a "sound map that is representative and respectful of New Mexico's varied communities of interest."

Republicans disagree. They have argued that the maps approved by the Democrat-led Legislature are partisan and far from fair representation. They contend that the voices of rural residents, conservative Democrats and independents will be marginalized.

The legislation was approved during a special session earlier this month in which lawmakers also carved new districts for the state Senate and New Mexico's three congressional districts.

The session marked the first time in 30 years that Democrats controlled both legislative chambers and the governor's office during the redistricting process. Past plans have repeatedly ended up in court, and Republicans have indicated they are considering legal action.

The House map is expected to give Democrats an edge in about 45 of 70 seats; they already hold a 45-24 advantage, the Albuquerque Journal reported.

The new districts drew fierce criticism from Republicans because of its effect on veteran GOP lawmaker Rep. Jane Powdrell-Culbert of Corrales. The Santa Fe New Mexican reported that she was pushed into a new and heavily Democratic district, lessening her chances of winning her next election.

Powdrell-Culbert, one of the Legislature's few Black lawmakers, said after the special session that redistricting will affect New Mexico for years to come. She urged her colleagues to address the conflict.

Woman arrested on arson charge in fire at Islamic Center — Associated Press

Albuquerque police have arrested a woman sought on a warrant charging her with arson in a Nov. 29 fire at the Islamic Center of New Mexico.

The arrest warrant for Isela Camarena was issued Monday and she was arrested and booked into jail Wednesday.

According to court records, she's charged with arson involving damage over $2,500.

Local media reported that security video showed a woman setting a trash can's contents on fire, then pouring the burning trash on the ground and spread the burning material.

According to court documents, that person's actions threatened to set the building on fire.

Court records don't list a defense attorney for Camarena who could comment on the allegation against her.

Storm damage prompts emergency declaration for Taos County — Associated Press

Gov. Michelle Lujan Grisham has declared a state of emergency in Taos County after a recent snow squall and heavy winds blew down swaths of trees, damaged homes and knocked out power to some areas in the northern New Mexico county.

The emergency declaration provides up to $750,000 for the state Department of Homeland Security and Emergency Management to support recovery efforts organized by local officials. Communities also could be eligible for other state assistance.

At the time, forecasters had reported a few inches of snow in Taos and wind gusts of more than 60 mph. According to the National Weather Service, winds peaked at 103 mph (165 kmh) in Taos Ski Valley.

Another storm is on its way, and officials in the town of Taos announced Wednesday that they were cancelling a New Year's Eve event on the plaza due to the weather warnings.

"If we experience anywhere near the same conditions as our last storm or those being predicted, town personnel normally involved in building the New Year's Eve event will be needed in a public safety capacity," the town posted on its Facebook page.

The emergency declaration signed by the governor also frees up the New Mexico National Guard to support state agencies as they respond to the recent storm damage.

New Mexico storm expected to cause severe driving conditions — Associated Press

Forecasters say a winter storm that will hit New Mexico on Friday and Saturday is expected to produce severe driving conditions due to high winds and drifting snow with heavy snow accumulations in the mountains.

"Widespread and significant impacts to holiday travel are expected," the weather service said in a statement Thursday.

While temperatures Friday will be low enough for valleys to get rainfall, "drastically colder air will arrive after midnight and allow any rain to change over to snow through Saturday morning," the weather service said.

Over the weekend, strong winds will combine with bitterly cold temperatures Saturday and Sunday to produce what the forecasters described as "dangerously cold wind chills."

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