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TUES: New Mexico laws lowering taxes, easing access to medication take effect in 2025, + More

The sun sets on the New Mexico Statehouse in Santa Fe, N.M., Tuesday, Feb. 13, 2024, as legislators rush to pass bills before the end of a 30-day legislative session. Lawmakers are creating new endowments and trusts to support future spending amid a windfall in state income from oil production.
Morgan Lee
/
AP
The sun sets on the New Mexico Statehouse in Santa Fe, N.M., Tuesday, Feb. 13, 2024, as legislators rush to pass bills before the end of a 30-day legislative session. Lawmakers are creating new endowments and trusts to support future spending amid a windfall in state income from oil production.

New Mexico laws lowering taxes, easing access to medication take effect in 2025 - Austin Fisher, Source New Mexico 

The new year will see the start of state laws in New Mexico that will lower personal income taxes and make it easier to get certain medications. One new law will make it harder for some people to get food benefits.

All of the newly enacted laws detailed below take effect on Jan. 1. Here’s what you need to know, as organized by the state agency responsible for carrying them out.

TAXATION AND REVENUE DEPARTMENT

The state tax code amended by House Bill 252 earlier this year will reduce the amount of taxes everyone pays, “but especially for those at the low- and middle-income levels,” said Charlie Moore, a spokesperson for the Taxation and Revenue Department.

“It is the first major adjustment of brackets since 2005, meaning many taxpayers have moved into higher brackets as their income increased and due to inflation over the years,” Moore said.

A married couple filing jointly with $50,000 in income, for example, could save $303 per year, he said. There will now be six brackets, compared to five under the existing structure, with rates ranging from 1.5% to 5.9%, he said.

KUNM News created detailed tables showing how the new tax structure affects single and joint filers.

Previously, unmarried people who earned between $16,000 and $210,000 per year were in the same bracket and taxed at the same rate of nearly 5% of what they made.

HEALTH CARE AUTHORITY

Companies that deliver maternal and child health care, primary care and mental health care will be able to get reimbursed more money under part of the state government’s annual budget approved earlier this year.

Lawmakers set aside more than $28 million for this purpose, and companies will get reimbursed at 150% of the rate they normally get from the Health Care Authority through Medicare.

The Health Care Authority is also responsible for overseeing the food benefits program, which will change for some people in the new year.

Some New Mexicans getting food benefits from the Supplemental Nutrition Assistance Program, or SNAP, will have to prove that they are working a full-time job, volunteering, interning or going to school to keep receiving them.

The new federally mandated work requirements will affect SNAP recipients who are not disabled and do not have any dependents.

The work requirements are limited to those living in Bernalillo, Santa Fe, Eddy and Los Alamos counties, and the Pueblos of San Ildefonso, Pojoaque, Santa Clara and Laguna.

In total, the work requirements will apply to nearly 12,000 New Mexicans.

OFFICE OF THE SUPERINTENDENT OF INSURANCE

This year, lawmakers changed the Health Care Purchasing Act to curb the use of step therapy, which is the process by which insurance companies, and the pharmacy benefit management companies that handle prescriptions for them, refuse to cover a specific drug until after the patient has tried cheaper alternatives.

The Office of the Superintendent of Insurance, the state’s insurance regulator, already had the power to review and appeal a health insurer’s denial of a request for an exception to step protocols.

The new law requires insurers to authorize these kinds of drugs for the entire duration of their therapeutic effect, or five years.

It also requires insurers to authorize a prescription subject to step protocols even when someone loses their insurance that was provided by their employer.

“This is to ensure uninterrupted access to medically necessary drugs,” said Jennifer Romero, a spokesperson for the office.

The new law also prohibits step therapy for autoimmune disorders and cancer treatments, except when a generic is available, and lifts the requirement for doctors to get prior authorization from insurers to prescribe these treatments.

Toxic fumes sicken 20 workers at New Mexico cheese plant Associated Press

Investigators are trying to determine what caused a mechanical failure that resulted in 20 workers inhaling toxic fumes at a cheese manufacturing plant in eastern New Mexico.

The Curry County Sheriff's Office reported that more than a dozen workers were transported to area hospitals by ambulances and private vehicles Monday morning after acid mixed with chlorine to create the fumes. Two of the workers were listed in critical condition.

Crews responded after a strong smell was reported at the Southwest Cheese plant. A hazardous materials crew with the Clovis Fire Department helped to clear the scene and production resumed later that morning.

Southwest Cheese said in a statement issued Monday that early investigation indicated the cause of the incident was a chemical overflow that occurred due to a mechanical failure in one room at the plant and that the vapors affected employees who were working close by.

The company said the affected area was quickly closed off per its incident response plan.

Southwest Cheese has been operating since 2005. It processes billions of pounds of milk every year, producing more than 588 million pounds (266,712 metric tons) of block cheese and more than 36 million pounds (16,329 metric tons) of whey protein powders.

 

NM leaders react to Jimmy Carter’s death  — Nicole Maxwell, NM Political Report

Former President Jimmy Carter died Dec. 29 at age 100.

Several New Mexico leaders issued statements in the wake of Carter’s death, including Governor Michelle Lujan Grisham.

“[First Gentleman] Manny [Cordova] and I were saddened to learn of the passing of President Jimmy Carter on Sunday, and today we mourn the loss of this great American leader and humanitarian who dedicated his life to helping others,” Lujan Grisham said in a news release. “President Carter served nobly in the White House and fought valiantly for environmental protections, civil rights, stronger U.S. alliances in Europe and much more. He also managed to accomplish what many at the time believed impossible—a major peace agreement between Egypt and Israel… President Carter possessed deep convictions, visionary ideas and a tireless work ethic, and our country is a much better place because of his service. His selfless leadership will shine as an example to other public servants for generations to come.”

Sen. Martin Heinrich also issued a statement about Carter.

“Jimmy Carter devoted his life to serving others, seeking peace, and improving the world around him,” Heinrich said. “From creating the Department of Energy to protecting our rivers and wildlands in New Mexico, Alaska, and elsewhere, President Carter’s legacy was forward-looking, thoughtful, and visionary. Above everything, he stood tall for working people, never relenting in the fight for a better economic future for all. At a time of great polarization and partisan divide in our nation, I hope each of us can draw from President Carter’s constant example of compassion, humility, and decency.”

Carter was the 39th president, serving from 1977 to 1981. Carter won the Nobel Peace Prize in 2002 “for his decades of untiring effort to find peaceful solutions to international conflicts, to advance democracy and human rights, and to promote economic and social development,” according to the Nobel Prize website.

Carter was known for his humanitarian efforts, which included building houses for Habitat for Humanity and his work establishing the Carter Center.

Lujan Grisham ordered flags be flown at half-staff on all state government buildings until Jan. 28.

 

Get a discounted and safe ride home on NYE - Rodd Cayton, City Desk ABQ 

New Year’s Eve is among the deadliest on roads, as the number of alcohol-impaired drivers tends to spike.

The National Safety Council estimates 179 people may die on U.S. roads this New Year’s Day holiday period.

The “Take a Ride on Us” program aims to reduce those numbers by offering an alternative. Bernalillo, Sandoval and Santa Fe county residents may take advantage of the program with discounted Uber rides.

Up to 2,500 vouchers are available through 2 a.m. Thursday. Each voucher entitles the user to up to $10 off two rides. The coupon is available in the “vouchers” section on the Uber app.

Ride availability is on a first-come, first-served basis. The credit applies only to rides and does not cover Uber Eats or driver tips.

Cumulus Media Albuquerque created the program in 2017. Since its launch, it has provided more than 53,000 rides in the Albuquerque metro area. Take a Ride on Us is operated through partnerships with Bernalillo County, Sandoval County, Santa Fe County, Glasheen Valles and Inderman Injury Lawyers, Sandia Resort & Casino, and the New Mexico Department of Transportation.

The program also operates at various other times of the year, including Labor Day Weekend, Fourth of July and during the Albuquerque International Balloon Fiesta.

Faculty revolt at Western New Mexico University - Alex Heard, Searchlight New Mexico 

The faculty senate at Western New Mexico University (WNMU) has scheduled a meeting for Jan. 2 that has a single item on the agenda: considering a vote of no confidence in the school’s Board of Regents. The meeting was set up in direct response to the board’s recent severance agreement with former WNMU president Joseph Shepard.

A draft of the measure, obtained by Searchlight New Mexico, will demand that all five members of the board, including president Mary E. Hotvedt, resign. “Furthermore, we call upon our state elected officials to work to remove any who will not resign, in accordance with the Constitution of the State of New Mexico,” the draft wording says, “and to use any legal authority at their disposal to halt the recent severance agreement recently entered into with the university president.”

Shepard, whose contract was terminated on December 20, was reportedly awarded a new contract that includes a lump-sum payment of $1.9 million — to be paid on January 15, the date of his official departure as president — and a new position on the faculty of WNMU’s school of business, for which he’ll reportedly be paid $200,000 a year.

“On its own merit,” wrote Jorge Romero-Habeych, an assistant professor in WNMU’s school of business, “the decision to approve such a substantial payout to a president who has been the subject of past accusations of financial misconduct … is troubling. … Furthermore, the package appears to be a clear conflict with the everyday struggles faced by average New Mexicans, many of whom are living paycheck to paycheck and rely on the institution to serve the public good. The optics alone are damaging, and the ethical implications cannot be ignored.”

In a letter to university colleagues dated December 27, faculty senate president Phillip W. Schoenberg said that he had decided, after “a lot of deliberations and discussion with many faculty leaders,” to schedule the meeting on “fairly short notice” because, he said, it’s crucial for the body to act before Shepard’s new contract goes into effect. “A major consideration … is the unanimous request of the voting faculty from the School of Business, who feel particularly outraged by the severance agreement,” Schoenberg wrote.

A separate letter sent to colleagues by Jorge Romero-Habeych, an assistant professor in WNMU’s school of business and a member of the faculty senate, states that the board offered Shepard a faculty position — which reportedly involves remotely teaching two classes per semester — without consulting anyone at the school.

“[W]e are troubled by the circumstances surrounding the president’s resignation and the compensation package granted to him by the Board of Regents,” Romero-Habeych wrote. “Our concerns are further compounded by the inclusion of the School of Business in this deal. Neither our department’s faculty nor leadership were consulted, or included, in the board’s decision-making process.”

“On its own merit,” he continued, “the decision to approve such a substantial payout to a president who has been the subject of past accusations of financial misconduct … is troubling. … Furthermore, the package appears to be a clear conflict with the everyday struggles faced by average New Mexicans, many of whom are living paycheck to paycheck and rely on the institution to serve the public good. The optics alone are damaging, and the ethical implications cannot be ignored.”

As Schoenberg makes clear in his letter, a vote of no-confidence from the faculty senate does not have binding effect. He describes it as “a potentially powerful way for the faculty to send a strong public expression of the faculty’s lack of confidence in our Regents, and to make this known publicly.” If the vote is successful, he added, it will be reviewed “and perhaps acted upon” by WNMU’s faculty assembly during a meeting scheduled for January 9.

Like the faculty senate, the faculty assembly — a larger body that includes all faculty members — does not have the power to force regents to resign. That lies with Gov. Michelle Lujan Grisham, who has authority over the New Mexico Higher Education Department.

Reached by Searchlight, Schoenberg declined to comment further on his letter. In a phone interview, Romero-Habeych said, “Ultimately, this is just a gesture that’s meant to put the brakes on the compensation package, which came out during the Christmas break and is effective on Jan. 15.”

Shepard and the regents have been the subject of scrutiny and controversy for more than a year, in the wake of a 2023 Searchlight investigation that revealed lavish spending on domestic and international travel to upscale resorts, and on furnishings for the on-campus home occupied by Shepard and his wife, former CIA agent and author Valerie Plame.

Searchlight’s reporting spurred multiple state agencies to open investigations into the university executives’ spending. The Office of the State Auditor has released its findings, which detailed more than $360,000 of “wasteful” and “improper” spending that violated university policy. Most recently, on December 21, Attorney General Raúl Torrez announced that he was opening an investigation into Shepard’s $1.9 million buyout, calling the deal “extremely concerning” in the wake of the auditor’s report.

During the regent’s December 20 meeting — which was virtual and did not allow for real-time public input — Shepard and the assembled regents did not admit to any wrongdoing. Throughout his parting remarks, Shepard said that “toxic” outside forces had led him to this decision. When the Office of the State Auditor sent the university a sharply worded letter of concern last month, Shepard said, the office never gave the university an exhaustive report detailing its findings. “Nor has there been any due process afforded to us,” he said.

Shepard and Hotvedt did not immediately respond to a request for comment.

‘My staff is spent’: New Mexico emergency management leader reflects on year of disasters - Patrick Lohmann, Source New Mexico

President Joe Biden issued two major disaster declarations in New Mexico in 2024, the first time since 2014 that pronouncement has been made twice in the same year, according to federal data.

First, two wildfires erupted in the Ruidoso area in June. The South Fork and Salt fires and ensuing floods destroyed more than 1,500 homes and caused the deaths of two people. Then, in October, heavy rains caused devastating flooding in Roswell, a disaster that resulted in at least two deaths, as well.

In both instances, and for smaller emergencies before and in-between them, the state Department of Homeland Security and Emergency Management responded.

Disasters of that severity require a multi-faceted response and coordination between numerous officials and local and state agencies. Emergency Management was at the center of all that, running into disaster zones, marshaling resources and fielding questions at angry town halls.

Recently, Deputy Secretary Ali Rye reflected on a year of disasters in an interview with Source New Mexico. She described a tiring year and a small-but-mighty agency that is struggling to keep up with the “before,” “during” and “after” disasters because there have been so many.

“I mean, my staff is spent. I think New Mexicans are spent,” Rye said. “I think everyone is just, they’re tired, and they’re constantly in this response or recovery mode.”

Before 2022, the state had a reprieve of nearly a decade from major disaster declarations, according to Federal Emergency Management Agency data, excluding the COVID-19 pandemic. (Rye doesn’t really count the pandemic she said, “Because everybody got impacted by COVID.”)

That’s the same year that the state experienced the two biggest fires in its history – the Hermits Peak-Calf Canyon Fire in northern New Mexico and the Black Fire in southern New Mexico. Both burned more than 300,000 acres.

The trial by fires, while devastating for communities and exhausting for staff, has at least been educational, Rye said.

“I will tell you, though, we have learned a lot over the last two years,” she said. “And I think it showed this year with us being very proactive in areas that we knew were going to get hit, or us planning ahead for fire season, for monsoon season in a more proactive way.”

That meant meeting with residents and local officials in disaster-prone areas, purchasing needed equipment and staging it there in advance, Rye said.

The ongoing fallout from the Hermits Peak-Calf Canyon Fire shows the long tail – and cumulative nature – of disasters. More than two years later, even as disasters unfolded in southern New Mexico, staff was still driving all over the state, offering state case managers to help northern fire victims navigate a tangle of bureaucracy and support to local officials still trying to rebuild roads or mitigate against future floods.

“The same staff that help in Roswell and in Ruidoso are also the same staff that help in Hermits Peak-Calf Canyon,” Rye said. “And so my staff, I mean, they travel all over the state to be able to provide the assistance and the resources to these individuals who are still in these communities that are still recovering.”

Rye’s core staff is two people, she said, though the office does employ others with the help of federal grants. “So, yeah, it’s a lot,” she said.

But it’s rewarding and vital work, she said, helping people on the worst days of their lives. The office is hiring, and Rye is hoping to convince lawmakers to increase its operating budget from about $3.2 million to about $5.6 million at the upcoming 60-day session. The extra funding would help attract and retain staff, many of whom are lured away by federal disaster response agencies or elsewhere.

As it stands, the skeleton crew can’t take as much time as needed to help a community recover or prepare before another flood, snowstorm or wildfire.

“We’re going so much that we cannot put in those mitigation efforts the way we really, truly would like to,” she said. “We’re kind of just putting Band-aids on situations to keep the state afloat.”