2007 Legislative Session Wrap-up
As soon as your feet touch the Capitol floor, time seems to change. Nolonger do you see a few weary souls wandering around downtown in the cold and isolated Santa Fe winter; instead you ’re thrown into the chaos of what is the 2007 New Mexico legislative session.
“This session was one of the most active I’ve ever seen in my 28 years on the job,” said Diane Wood, Director of the Northern Regional Office of the ACLU of New Mexico. “There was a lot of legislation introduced. Several of our most important bills passed and many of those which we most strongly opposed failed.” During the regular 60-day session, 2974 pieces of legislation were introduced.
The following pieces of legislation stood out as particularly important civil liberties issues:
Senate Bill 194 - Corrections Population Control Act Changes, (Richard Martinez, D- L.A., Rio Arriba, & S.F.), which clarifies provisions in the Corrections Population Act; provides for the election of a chairperson by the corrections population control commission; modifies considerations for release of nonviolent offenders; and repeals the sunset provision, was supported by the ACLU because it prevents the dissolution of the Corrections Population Control Act board, which works to alleviate overcrowding in prisons. The Governor vetoed the bill.
Senate Bill 200 - Immunity for Assistance for Overdoses, (Richard Martinez, D- L.A., Rio Arriba, & S.F.), which provides limited immunity from prosecution for a person who seeks or obtains medical assistance for a drug-related overdose, was a supported bill because it will save lives when people are not afraid to report drug overdoses. The Governor signed the bill.
Senate Bill 523 - Compassionate Use Medical Marijuana Act, (Shannon Robinson, D- Bernalillo), which allows for the use of marijuana for medical conditions was supported by the ACLU because it removes barriers to health care that improves the quality of life for people who are ill. The Governor signed the bill.
Senate Bill 442 - Parental Notification, (Kent Cravens, R- Bernalillo), which provides for parental notification when a minor requests an abortion, was opposed by the ACLU because it violates the minor’s right to privacy and her right to choose. The bill passed the Senate but too late for a hearing in the House and died.
Senate Bill 1043 - Whistleblower Protection Act, (Sue Wilson Beffort, R- Bernalillo, Sandoval, SF & Torrance), which prohibits employer retaliatory action or blacklisting against public employees that report fraud or violation of state or federal law or regulation and provides for grievance procedures. It was supported because it allows state employees and employees of state contractors to speak out about the corrupt practices of their employer without fear. The Governor vetoed the bill.
Senate Bill 1166 - Contraceptive Injections for Certain Mothers, (Timothy Jennings, D- Chaves, Eddy, Lincoln, and Otero), which would forcibly medicate women following delivery of babies with fetal alcohol syndrome for the second time, was opposed by the ACLU because there is no evidence that the proposed measure would be effective and the required medication may be harmful to some women. The bill is an intrusion upon the constitutional right to procreate. The bill was defeated with a vote of the Senate.
House Bill 190 - Abolish the Death Penalty, (Gail Chasey, D- Bernalillo), which abolishes the death penalty and provides for life imprisonment, was supported by the ACLU because the death penalty is a form of cruel and unusual punishment and should be replaced by more humane measures. The bill passed the House and Senate Public Affairs Committee but was killed in a procedural move in the Senate Judiciary Committee.
House Bill 296 - Criminal Penalty Legislation Requirements, (Joseph Cervantes, D-Dona Ana), which requires that an appropriation accompany any legislation that would increase or create criminal penalties, was supported by ACLU because it allows people to see how much a new criminal penalty would cost before it’s implemented, encouraging further review of its efficacy. The Governor vetoed the bill.
House Bill 603 - Domestic Partner Rights and Responsibilities, (Mimi Stewart D- Bernalillo), which provides for legally recognized domestic partnerships in which two people, regardless of gender, can enter into a civil union, was supported by the ACLU because it provided for greater freedoms and rights for those wishing to enter into a contractual relationship. The bill passed the House. The Senate attached an unfriendly amendment and we ran out of time to make a correction. The legislation was on the Governor’s list for the Special Session and again passed the House but did not come to a vote in the Senate. There were too many members absent in the Senate to secure passage.
House Bill 609 - Mandated Community Treatment Act, (Joni Gutierrez D- Dona Ana), which provides for mandated community treatment services to treat mental illness; and provides for penalties (it would force citizens with a mental illnesses into mandatory treatment), was opposed by the ACLU because it allows for the state to forcibly medicate people. The bill passed the House and was tabled in Senate Public Affairs Committee.
House Joint Memorial 13 - Oppose Creation of National ID Card, (Ken Martinez, D- Cibola, McKinley, & San Juan), which opposes the creation of a national ID card and the implementation of the Real ID Act of 2005, was supported by the ACLU because the implementation of Real ID would have severe consequences for many New Mexicans. In addition to the fact that it’s an extremely expensive measure (it would cost the state over $30 million), the program imposes burdens on those who cannot produce the necessary identification and documents to obtain a Real ID, which they would need to use to enter federal buildings and airports, create bank accounts, etc. Also, it would make people more susceptible to identification theft. The memorial passed the House and Senate Rules Committee but did not get the Senate floor for a vote.
House Memorial 11 - Study Emergency Contraception in New Mexico, (Mimi Stewart, D-Bernalillo), which requests that the New Mexico Health Policy Commission, Department of Health, the Pharmacy Board and others, study the availability of emergency contraception throughout NM and provide the public with the information. The measure was supported because the study will uncover any discriminatory practices in providing emergency contraceptives and greater public access to information on contraceptives while reducing the number of abortions and unintended pregnancies. The memorial successfully made it through the House. Because it was a House memorial, no Senate action was necessary.
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