New Mexico's legislature has introduced HJR 12, a joint resolution requesting Congress to call a constitutional convention under Article 5 of the U.S. Constitution. The resolution asks for a convention limited to proposing three specific amendments: imposing fiscal restraints on federal spending, limiting federal control over public and private lands (addressing New Mexico's concerns about federal land management), and restricting terms for federal officials and Congress members. If passed by two-thirds of states, these amendments would require ratification by three-fourths of states to take effect. This is a procedural request by New Mexico’s legislature to initiate a national process, not a direct policy change, and would affect all states if the convention occurs.
HB 302 creates a new process for health care professionals (like doctors and specialists) to qualify for exemptions from their health insurer’s prior authorization requirements for outpatient services. To qualify, a professional must have had at least 90% of their prior authorization requests approved in the previous six-month period for the same service type. Insurers must grant exemptions within 10 business days if criteria are met, provide clear written explanations for denials, and allow independent reviews of rescission decisions within 30 days. The exemption does not cover pharmaceutical services or prescription drugs.
HB 301 authorizes New Mexico's Department of Information Technology to manage and implement information technology projects for the state's judicial branches, including district courts and related entities. The bill allows the department to establish vendor agreements for IT goods/services, provide annual catalogs of available services with approved pricing, and access non-agency data only when necessary to maintain those services. It specifically appropriates $1.2 million from the general fund for district attorneys' technology needs in fiscal year 2027, with unspent funds reverting to the general fund. This legislation directly affects judicial branch operations and district attorneys' offices by streamlining their access to centralized IT resources and funding.
HB 293 creates a new Early Childhood Education and Care Department (ECECD) Investigation Team to handle reports of child safety incidents in licensed childcare programs receiving state funds. The team must investigate critical incidents (threats to child safety) within 24 hours and complete investigations within 60 days, requiring full access to facilities, staff, records, and victims. Childcare programs must cooperate fully, and the team must provide written findings to parents, facility staff, and law enforcement if criminal activity is suspected. The bill requires the department to adopt implementing rules by September 2026.
House Memorial 44 requests the Legislative Education Study Committee to examine family engagement practices in New Mexico public schools during the 2026 interim. The study will assess current frameworks, identify systemic barriers preventing meaningful family involvement (especially for historically marginalized communities), review evidence-based models, and analyze teacher training opportunities. It will culminate in recommendations for systemic improvements, including potential funding for family liaisons and professional development. This procedural memorial does not enact policy but seeks a data-driven foundation for future action affecting all public school families and educators.
HB 297 allocates $2.4 million from the state general fund to the University of New Mexico's Board of Regents for Project ECHO's literacy support programs. The funding will directly support educators in New Mexico schools by providing training and resources to improve literacy instruction methods. It covers fiscal years 2027 through 2029, with any unspent funds returning to the state treasury by 2029. This is a funding bill focused on enhancing educator capacity, not a policy change affecting broader public law.
SB 223 prohibits businesses from setting different prices for goods or services based on "surveillance data" about consumers, such as tracking online behavior or inferred personal information. It directly affects businesses that use automated systems to adjust prices based on personal data, banning this practice except for cost-based pricing, standard discounts (like student or senior rates), or insurance-related decisions. The law allows consumers to sue for damages up to $3,000 per violation and authorizes the Attorney General to enforce penalties of up to $10,000 per violation. It includes specific safeguards for de-identified data and exempts insurers from the prohibition.
SB 219, the Native American Ombud Act, creates an Office of the Native American Ombud within New Mexico's Department of Justice to address concerns from Native Americans. It directly affects Native Americans in New Mexico who are members of federally recognized tribes or eligible for federal Indian services, by providing a confidential channel to report issues with state services. Key mechanisms include requiring the ombud to investigate concerns, ensure staff are trained on Native American rights, prohibit retaliation for filing complaints, and mandate service providers to post information about the office. The bill also requires an annual report on concerns resolved and recommendations for improving services, with $2 million in state funding allocated for implementation.
SB 236 removes government immunity for negligence claims against the Children, Youth and Families Department (CYFD) when a child in its custody is abused or neglected due to CYFD staff errors. It directly affects children who were removed from their homes by CYFD because of parental abuse or neglect and are later harmed by CYFD staff negligence while under the department's care. The bill amends New Mexico's Tort Claims Act to create a specific exception, stating CYFD employees cannot claim immunity for such negligence while acting within their duties. This applies only to cases where the child was placed in CYFD custody following parental abuse/neglect, not to intentional misconduct. The change ensures CYFD can be held accountable for negligence in these specific custody situations.
SB 245 creates a new criminal offense for adults (18+) who intentionally expose their genital area in a sexual way to a child (under 18) in a private setting, not visible to the public. This act would be classified as a fourth-degree felony, carrying significant penalties. The bill specifically defines "child" as under 18 and "primary genital area" to include the penis, testicles, vulva, or vagina. It directly targets individuals who commit this act in nonpublic locations, such as private homes or secluded areas. The law aims to strengthen protections for children against sexual exposure in private settings.
SB 224 sets a $750,000 maximum insurance payout for properties damaged by fire under New Mexico's Fair Plan program. It applies to properties in areas served by fire departments rated 1-10 based on national insurance service evaluations. The rating considers factors like staffing, equipment, emergency communications, water supply, and community risk programs. This policy change directly affects homeowners in communities using the state's Fair Plan insurance for fire coverage.
SB 232 establishes a clear process for courts to determine if a child (under 18) in legal proceedings has the competency to understand and participate in their case. The bill requires courts to order an independent evaluation by a court-recognized child psychologist when a compelling reason exists - excluding age alone - and presumes children are competent as defendants. The evaluation must assess four specific factors: the child's ability to understand relevant information, appreciate consequences of choices, reason about options, and express their choice clearly. This bill directly affects children involved in court cases, particularly as defendants, by ensuring their competency is evaluated through standardized, expert assessments rather than assumptions.
