NM Senate OKs Bill To Stop Forcing Police To Erase Evidence - By Russell Contreras, Associated Press
A measure that would stop police from having to destroy seized electronic evidence that was obtained through a search warrant but wasn't the target of an investigation has passed the New Mexico Senate.
The proposal unanimously approved Sunday seeks to fix a bill passed in 2018 that required law enforcement to wipe out some digital evidence. The requirement may have affected some pending cases in Albuquerque, where crime has soared in recent years.
Democratic Sen. Daniel Ivey-Soto of Albuquerque says the change is needed because law enforcement has no choice but to eradicate this evidence after 30 days.
The new bill allows police to seal the evidence and get a court order to use it in an unrelated investigation.
The measure gained steam in the final days of the New Mexico legislative session after district attorneys and representatives from the city of Albuquerque and the American Civil Liberties Union urged lawmakers to mend the 2018 law that has sparked confusion among police and prosecutors.
The 2018 measure was passed through the "rocket docket," a bundle of bills that were fast-tracked to the governor's desk.
The latest proposal now moves to the New Mexico House, which has until Thursday to push it through committee and the full chamber.
New Mexico Public Pension Reform Passes In State House - By Russell Contreras, Associated Press
The New Mexico House has approved a proposal aimed at shoring up New Mexico's overextended pension fund for about 110,000 state and local government workers and retirees.
The lower chamber voted 40-28 to send the bill back to Senate, which is controlled by Democrats. The Senate passed a similar measure but must reexamine the proposal after it was amended.
The effort is backed by Democratic Gov. Michelle Lujan Grisham. The bill seeks to address concerns about $6.6 billion in unfunded liabilities that are weighing down the credit rating of the state and its largest city and driving up borrowing costs.
But Democratic Rep. Antonio "Moe" Maestas of Albuquerque expressed doubt on why lawmakers needed to act on the state's pension system when there "was not compelling" reason to get it at 100% solvency.
The vote came as House member faced pressure to approve the measure from the Koch Institute-funded Stand Together. The group promised "to hold lawmakers accountable" if the proposal failed.
Core provisions of the bill were outlined by a policy task force appointed by the governor to address pension solvency issues. That commission looked for reforms that could fully fund the pension fund within 25 years.
At legislative hearings, retired public employees have voiced divided opinions about the reform plan and whether it is necessary. The proposal would phase in new pension contributions equal to 4% of pay, divided equally between employees and taxpayers.
The second significant solvency measure would link future cost of living increases to investment returns, with a 0.5% minimum annual increase. The current automatic annual cost of living adjustments are as high as 2.5% for some retirees.
State police, adult corrections officers and low-income public employees are exempted from the changes to pension contributions.
The increases are delayed until 2023 for local government employees. The cost-of-living changes do not apply to current retirees age 75 and over.
Members of the pension fund include about 57,000 current public employees and 41,000 retirees receiving benefits.
Legislature Approves Reforms Involving State Settlements - By Morgan Lee, Associated Press
New Mexico is moving toward easing restrictions on the release of information on financial settlements involving state officials and payouts to whistleblowers.
A bill was on its way to the governor's desk Monday that would eliminate a 180-day waiting period for the disclosure of financial agreements to resolve a variety of complaints against state officials.
Final legislative approval came with a unanimous vote of the House on Sunday evening.
The legislation came in response to financial settlements approved during the administration of former Gov. Susana Martinez, including a series of payouts that were sealed until the two-term Republican left office at the end of 2018.
State and local prosecutors are reviewing those settlements in response to a special audit by State Auditor Brian Colón, who has characterized as an abuse of power a dozen settlements that were signed without sufficient documentation or investigation.
Martinez says she was not involved in the settlement decisions by the state risk management division. She declined to elaborate on details of the process.
The reform bill from Democratic Sen. Sander Rue of Albuquerque also would eliminate criminal misdemeanor penalties for improper disclosure of public records that could bar employees from state employment for five years.
In a statement, Rue said the bill "closes a loophole that could extend the release of information about a claim indefinitely."
Democratic Gov. Michelle Lujan Grisham is expected to sign the bill. Under her administration, the General Services Department has begun publishing settlements terms online and has conducted an audit of settlement procedures that uncovered poor controls and the use of outside attorneys without valid contracts.
Secrecy provisions concerning settlements appear to date back to lawsuits against the state in aftermath the deadly 1980 riot at a state penitentiary outside Santa Fe as the state sought to protect itself against coordinated financial claims, according to General Service Secretary Ken Ortiz.
Among $2.7 million in settlements flagged for irregularities by auditors, the state has acknowledged it previously paid $900,000 to three State Police officials. That payment resolved a lawsuit alleging discriminatory, lewd behavior and retaliation.
Legislators Seek Enforcement Of Age Limits On Tobacco Sales - By Morgan Lee, Associated Press
New Mexico state legislators are embracing a proposal for more strenuous enforcement of new federal restrictions on retail tobacco sales to youths amid rising rates of vaping among children and young adults.
The federal government late last year changed the minimum age from 18 to 21 nationwide for purchasing tobacco products, including vaping cartridges and e-cigarettes.
A Senate bill that would license retail tobacco vendors and apply administrative sanctions against prohibited sales to youths under age 21 advanced toward a decisive House floor vote, with the endorsement Monday by a House panel on health policy.
The Legislature has until noon Thursday to send bills to the governor.
Democratic Gov. Michelle Lujan Grisham supports the regulatory framework. Fewer than a dozen states forgo retail licenses for tobacco sales.
At a legislative hearing Monday, New Mexico State Epidemiologist Michael Landon highlighted indications of a steep increase in vaping among minors in middle and high school.
The tobacco bill allows for license suspensions and penalties of up to $10,000 against tobacco retailers for underage sales. A license can be revoked permanently at a location after four violations within three years.
Unlicensed sales would be handled as a misdemeanor criminal offense. Sales between people under the age of 21 would not be penalized under the proposed state law — a provision that prompted some concern among lawmakers.
Proponents of the bill note it would allow regulators to better understand who is selling tobacco products and where. Stores on Native American trust land will continue to fall under federal jurisdiction for enforcement.
The tobacco regulations would be overseen by the alcohol beverage control division of the Regulation and Licensing Department. Retailers would initially pay $750 per location to apply for a license and $400 for renewals. The fees would help pay for the administration of licenses and enforcement activities.
Former Prosecutor Appointed To New Mexico Court Of Appeals - Associated Press
A former state and federal prosecutor now in private practice in Albuquerque will be the newest judge on the New Mexico Court of Appeals.
Gov. Michelle Lujan Grisham's office announced Friday her appointment of Shammara Haley Henderson to fill a vacancy created by the Jan. 31 retirement of Judge M. Monica Zamora.
A statement issued by the governor's office said Henderson is the first African-American to be appointed to the state Court of Appeals, according to Aja Brooks, president of the New Mexico Black Lawyers Association.
Henderson was an assistant district attorney in Albuquerque and then an assistant U.S. attorney before going into private practice in 2017.
Key Democratic New Mexico Senator Won't Seek Re-Election - By Russell Contreras Associated Press
New Mexico Sen. John Sapien, a key moderate Democratic senator who represents a swing district outside of Albuquerque and who has been a champion for early childhood education, will not run for re-election.
Sapien told The Associated Press on Sunday he concluded during the current legislative session that it was time to retire as a state lawmaker. His current term ends this year.
The insurance salesman and financial adviser said he's entertaining new career options and thought long about whether to continue in the senate.
He said that new career opportunities have presented themselves and that, while he had been committed to running again, he’s decided to “go another route."
Sapien has represented for 12 years a district that includes the affluent liberal areas of Placitas and Corrales, part of conservative Rio Rancho and Bernalillo — one of the poorest cities in the state.
Republicans have long targeted Sapien to flip the seat because the district is almost evenly divided among Democrats and Republicans.
Santa Fe Officials Want Daily Flights To LA Amid Film Boom - Albuquerque Journal, Associated Press
Economic development officials are seeking the return of daily flights between Santa Fe and Los Angeles to support the ongoing growth of film production in New Mexico's capital city.
The Albuquerque Journal reported that the officials said such flights would have a significant impact on the economy of northern New Mexico.
American Airlines is set to temporarily restore weekly direct flights to Santa Fe Regional Airport. The flights beginning April 11 are currently scheduled on Saturdays only, meaning round-trip passengers would have to stay a week if they wanted a nonstop flight. The airline plans to maintain the Saturday schedule through Oct. 24.
It's uncertain if the airline will continue the nonstop flights beyond that date.
Airport manager Mark Baca said the Saturday flights will serve as an experiment as American considers more frequent trips in the future.
Judge Approves Penal Reform Settlement In New Mexico - Santa Fe New Mexican, Associated Press
A judge has given final approval to a settlement ending a 40-year-old civil case that forced significant penal reforms in New Mexico.
The Santa Fe New Mexican reported that U.S. Magistrate Judge Kirtan Khalsa approved Friday an agreement that would end the Duran Consent Decree if the state complies with certain requirements.
The settlement says those requirements include moving about 300 inmates from overcrowded prisons to those with more capacity, requiring regular exterminator visits, prohibiting punishment for reporting sexual misconduct and banning facilities from operating at 120% of their capacity.
Corrections Secretary Alisha Tafoya Lucero did not respond to a request seeking comment Friday.
Diocese Of Gallup To Sell Historic School Property In Uproar – Gallup Independent, Associated Press
The Diocese of Gallup has announced it will sell the property of the historic Sacred Heart School to a secular charter school.
The Gallup Independent reports word of the pending sale recently stunned school officials and parents amid concerns about a conflict of interest.
Sacred Heart School interim principal Amy Jo Mulvaney says she was caught off guard when Aequitas Education and Hozho Academy representatives toured the school late January.
Mulvaney said the Aequitas and Hozho group arrived as classes were ending and parents were coming to pick up their children. Mulvaney said the Rev. Isaac Ogba, the Diocese of Gallup's school superintendent, also showed up to escort the group on their tour.
"It shook some people up because we didn't know about it at the time," Mulvaney said, explaining she and other members of the Sacred Heart School hadn't been informed about the visit or the diocese's intent to sell the school property.
The representatives said they were purchasing the campus. Gallup attorney Patrick T. Mason led the Aequitas and Hozho group. He is also the attorney for the Diocese of Gallup.
In a statement, the Diocese of Gallup said it will use the sale of the old school property to build a brand-new school building on the Sacred Heart Cathedral grounds.
New Mexico Utility Looks Toward Future As It Leaves Coal - By Hannah Grover Farmington Daily Times, Associated Press
The New Mexico Public Regulation Commission is approaching the wire for when it must issue a ruling on Public Service Company of New Mexico's application to end operations at the San Juan Generating Station.
PNM Vice President of Generation Tom Fallgren said he anticipates a recommendation from the PRC's hearing examiner in the upcoming weeks. Following the recommendation, the commission will make a final decision. That decision must be made by April.
It will take longer for PNM to receive a PRC decision regarding replacement power. Fallgren said the PRC may not decide on some portions of the replacement power application, including the Piñon Gas Plant, until this fall.
He said he wanted to speak to them following recent developments including the New Mexico Supreme Court's ruling that the Energy Transition Act applies to PNM's application to end operations at the power plant. The visit also came a week after the New Mexico Public Regulation Commission's hearing on replacing the power from the San Juan Generating Station.
The future generation sources could look very different than what New Mexicans are used to seeing.
Teen Arrested At Albuquerque High School With 2 Loaded Guns - Associated Press
Authorities say a 16-year-old was arrested after being found with two loaded guns on the campus of the Albuquerque high school he attends.
The sophomore at Atrisco Heritage Academy was arrested Tuesday on suspicion of unlawful carrying of a deadly weapon on school premises and unlawful carrying of a handgun by a person under age 19, officials said.
The Associated Press is not publishing the student's name because the AP generally does not identify juvenile crime defendants for privacy reasons.
The student was arrested after authorities received an anonymous tip about Snapchat videos showing guns and drugs and of a gun being fired out of a car window.
The teen was taken to a Bernalillo County juvenile detention center but then released pending trial under conditions that included undergoing drug testing and abiding by a 6 p.m. curfew.
Officials said there was no evidence he planned to use the guns at school, and the student's attorney, Jason Rael, said there was no evidence wanted or planned to harm anyone.
Albuquerque Public Schools officials said the student faces discipline proceedings. Those lead to suspension or explusion.