NEW MEXICO

Governor announces ambitious legislative agenda

SANTA FE – New Mexico Gov. Michelle Lujan Grisham announced an ambitious legislative agenda that includes initiatives for tuition-free college, legalization of recreational cannabis and public safety reforms that respond to mass shootings and terrorism, in a news release Jan. 15.

The Democratic governor has broad discretion over what policy issues and bills can be heard during the 30-day legislative session starting Jan. 21. Democrats hold majorities in the state House and Senate. Short sessions in even-numbered years traditionally revolve around budget matters and select policy initiatives.

Lujan Grisham signaled that she’ll allow bills that would reinstate New Mexico’s tax credit for rooftop solar panels, facilitating pharmaceutical imports from Canada and criminalizing terrorist-related threats and conduct.

She confirmed her already vocal support for initiatives to provide tuition-free college to about 55,000 New Mexico residents, shore up a public pension fund for government workers overseen by the Public Employees Retirement Association, authorize recreational marijuana sales and adopt so-called red flag gun legislation that allows for temporary firearms seizures at the request of family members or law enforcement officials.

Lujan Grisham also placed on the agenda a proposal for a trust fund for early childhood education services that pays out dividends on investments.

State eyes stashing away more oil money for future

SANTA FE – The Legislature’s lead budget-writing committee on Jan. 14 recommended a 6.5% increase in state general fund spending and endorsed plans to stash away a portion of New Mexico’s windfall from oil production in trust funds that would pay for early childhood education far into the future.

The Legislative Finance Committee that operates a year-round policy and accountability office recommended a $464 million increase in sustained spending to about $7.5 billion for the fiscal year that begins July 1.

Another $325 million would be set aside in an investment trust to underwrite early childhood schooling and services, alongside smaller trusts dedicated to college affordability and rural libraries.

Legislators expect the state will receive an $800 million surplus in general fund income next year in excess of the $7 billion in current spending obligations.

Democratic Gov. Michelle Lujan Grisham is recommending a larger, nearly $7.7 billion budget with more aggressive pay raises for public school employees and a boost in subsidies for childcare services for children of families on the cusp of poverty.

The governor is seeking a 4% increase for public school employees and 3% for state workers. The Legislature wants a 3% salary increase for both sectors – with additional raises for teachers who help students with learning disabilities or limited fluency in English. There would also be extra pay increases for state police, judges and local prosecutors under the Legislature’s proposal.

Under the Legislature’s budget proposal, new spending that carries forward into future years includes a $210 million, 6.5% increase for public education as the state grapples with a court ruling that confirmed major failings in educational opportunity, especially among low-income and ethnic-minority families.

UTAH

State stops distribution of condoms with cheeky slogans

SALT LAKE CITY – An HIV-awareness campaign featuring condom wrappers with cheeky slogans that put a sexy spin on state pride met a quick end in Utah as the governor ordered the health department to stop distributing them.

Utah Gov. Gary Herbert’s intervention came hours after the designs became public on Jan. 15. Herbert, a Republican, said he understands the importance of educating residents about HIV prevention, but he does not approve of using sexual innuendo as part of a taxpayer-funded campaign.

The prophylactics were labeled with phrases like “The Greatest Sex on Earth,” a spin on the famous license-plate ski slogan “The Greatest Snow on Earth.”

About 100,000 of the condoms were to be handed out for free through the Utah AIDS Foundation, local health departments and University of Utah clinics. Community activists also planned to place them at bars, social clubs and motels. The campaign was created with federal funds.

After the governor weighed in, the health department apologized for the “offensive” packaging, said the campaign had not gone through the necessary approval channels and authorities regretted the “lewd nature of the branding.”

WYOMING

States seek Supreme Court ruling on coal exports

CHEYENNE – Wyoming and Montana asked the U.S. Supreme Court on Jan. 21 to rule on Washington State’s denial of a permit for a port facility that could boost U.S. coal exports.

The coal-producing Rocky Mountain states argue the denial violates the Commerce Clause of the U.S. Constitution, which prohibits states from impeding trade between one another and with other countries.

Montana and Wyoming officials want South Jordan, Utah-based Lighthouse Resources to be able to open its proposed $680 million Millennium Bulk Terminals project in Longview, Washington.

At stake could potentially be a good-sized chunk of the U.S. coal industry. Domestic coal-fired power generation has declined 40 percent over the past decade amid competition from cheaper and cleaner-burning natural gas and renewable energy, contributing to a steep decline in coal mining and several bankruptcies among the industry’s biggest players.

would continue to defend its decision and “right and obligation” to enforce clean-water laws, Mike Faulk, a spokesman for Washington Gov. Jay Inslee, a Democrat, said in a statement.

Washington state officials have said the denial wasn’t an abuse of authority but based on how the project would disturb over 30 acres of wetlands, require dredging of 40 acres of the Columbia River and contaminate stormwater by stockpiling 1.5 million tons of coal on site, Faulk said.

MONTANA

Justices hear arguments about immigration detainers

HELENA – The ACLU of Montana is asking the state Supreme Court to rule state law does not allow local law enforcement officers to arrest people for alleged civil violations of federal immigration law. The court did not immediately rule after hearing arguments Jan. 8.

The ACLU filed a lawsuit against Lincoln County in October 2018, after Agustin Ramon – a dual resident of Mexico and France – was arrested for stealing prescription medication from a neighbor’s house in Eureka in August 2018.

His bail was set at $25,000, but he did not post bond because the sheriff said he would comply with a Department of Homeland Security request to detain Ramon on their behalf for another 48 hours after any potential release date.

Ramon pleaded guilty to burglary in January 2019, was given a six-year deferred sentence and deported to France. He spent 203 days in jail.

The ACLU is appealing a ruling to reject a request for a temporary restraining order and an injunction that sought to prevent Lincoln County from detaining Ramon if he posted bond.

Lincoln County argues the case is moot because Ramon is no longer being held.

The ACLU argued that the Supreme Court should still rule on the merits of the Ramon’s case because it is of public importance, the same thing could happen to someone else and it is likely to evade judicial review during the 48 hours a suspect could be detained.

Department of Justice Attorney Francesca Genova argued, in support of Lincoln County, that the court should uphold the sheriff’s cooperation with immigration detainers, which are recognized under federal law.