Round Up from The Roundhouse! The latest from the New Mexico House Republican Caucus:
New Mexico Democrats are facing pressure to pass a REAL ID fix that House Republicans and Gov. Susana Martinez could support
Associated Press
Russell Contreras
February 2, 2016
ALBUQUERQUE, New Mexico — The fate of legislation aimed at bringing New Mexico into compliance with tougher federal identification requirements is now in the hands of the Democratic-led Senate.
A key Senate committee is scheduled Tuesday to hear proposals that lawmakers say would do just that. The differences center on how the state deals with immigrants living in the country illegally who want to lawfully drive in New Mexico.
A version passed by the GOP-controlled House would require residents to get a REAL ID compliant license and allow immigrants to obtain a driver’s permit card. Gov. Susana Martinez favors that measure.
Senate Democrats, however, are pushing a proposal that would create a two-tier system, granting REAL ID compliant licenses to those who want them and non-compliant ones to others who don’t want to go through the federal requirements. Immigrants in the country illegally would be able to obtain non-compliant licenses.
Another measure introduced late Monday by two key senators, one a Democrat and the other a Republican, would essential combine elements of the two bills for a compromise.
The REAL ID Act requires proof of legal U.S. residency for those who want to use state identification to access certain areas of federal facilities. New Mexico has no such requirement and allows immigrants to get state driver’s licenses regardless of legal status.
Last year, the U.S. Department of Homeland Security said New Mexico wouldn’t get an extension on REAL ID mandates and already military installations have stopped accepting New Mexico driver’s licenses for entry.
Commercial flights will stop accepting current New Mexico driver’s licenses by 2018, federal officials said.
Brian Sanderoff, president of Albuquerque-based Research & Polling, Inc., said the response of Senate Democrats to the bills will determine how Democrats are perceived if the session ends without a driver’s license fix. If the Senate gives the bills fair and speedy hearings, then the public may be forgiving.
“It’s important for the Senate to address this one way or another,” Sanderoff said.
Jeronimo Cortina, a University of Houston political science professor, said if Senate Democrats simply ignore the GOP proposal and pass the Senate Democratic version that Martinez won’t support, Democrats could see backlash in November. That’s because it would be easy for New Mexico Republicans to paint Democrats as uncompromising on a REAL ID fix when uncertainty over driver’s licenses remains.
The control of the New Mexico Senate then would be up for grabs, he said.
“It would be very easy to explain to voters since almost everyone would be affected,” Cortina said. “A New Mexico driver’s license would be nothing more than a Mickey Mouse card.”
Democratic Senate Majority Leader Michael Sanchez has said he was open to blending the two competing proposals.
House Approves Bipartisan Bill to Reduce Workers’ Compensation When Employee Is Drunk or High On the Job
Santa Fe, NM – Bipartisan legislation to significantly reduce an employee’s workers’ compensation benefit when the employee’s death or injury resulted from being drunk or high on the job passed the House by a 55-6 vote. The proposal is sponsored by Rep. Dennis Roch.
“Coming to work impaired by alcohol or drugs puts people’s lives in danger,” Roch said. “This legislation will hold violators accountable for their irresponsible actions.”
Currently, individuals are eligible for 90 percent of their compensation if drugs or alcohol are a contributing factor to the disabling incident. This legislation would allow for that amount to be reduced from anywhere between 90 to 10 percent, depending on the degree to which the worker’s impairment contributed to the injury.
“I hope this year the Senate will act on this commonsense proposal,” Roch said.
Last year, the House passed the bill on a bipartisan vote, but it died in the Senate.
House Passes Bipartisan Bill to Protect Victims of Sexual Abuse
“Rachael’s Law” passes unanimously
Santa Fe – The House of Representatives passed Bipartisan legislation today to protect victims of sexual abuse and assault from their abusers. House Bill 27, also known as “Rachael’s Law,” is sponsored by Rep. David Gallegos. The bill is named for Rachael Gonzales, an Albuquerque woman whose father sexually assaulted her when she was ten-years-old, and then tried to stalk her after he was released from prison.
“This bill will allow victims of sexual assault to obtain permanent protections against their abusers and spare them the trauma having to share a room with the individuals who assaulted them,” Gallegos said. “Rachael’s Law has wide bipartisan support. I call upon the Senate to consider this measure of justice for survivors of rape and sexual abuse.
Rachael’s Law would create a new section in the Family Violence Protection Act to courts to grant permanent restraining orders to victims of rape and sexual assault. It would allow judges to base their decision to grant the order on the evidence and facts used to convict the offender, sparing victims the ordeal of having to face their abusers in court. The bill would also allow another person to appear on behalf of the victim.
Gallegos sponsored similar legislation last year. His bill unanimously passed the House, but it was killed in the Senate.
Bill to Protect Children From Sexual Predators Passes House Committee
Santa Fe, NM – Legislation to close a loophole that allows child predators to send indecent images to children passed the House Safety and Civil Affairs Committee unanimously. The bill, HB 30, is sponsored by Rep. Kelly Fajardo.
Currently, it is a fourth degree felony for an individual to send a picture of their own genitalia to a child, but there are no criminal penalties if person sends a pornographic picture of someone’s body. This bill would close the loophole by making it a fourth degree felony to send pornographic pictures of any naked body to a child under the age of 16.
“Child predators will often use pornographic images to solicit underage targets,” Fajardo said. “We must close this loophole. It is a sexual offense and perpetrators need to be punished. It’s very unfortunate that this bill has passed the House unanimously for the past two years, but died both years in the Senate.”
Last year the bill died before it could be brought to a vote on the Senate Floor.
