There are two Senate Bills introduced for consideration by the 2025 New Mexico State legislature dealing with new funding approaches for the New Mexico State Fair also known as EXPO New Mexico.  SB481 would establish a State Fairgrounds District for management, control and development of the State Fairgrounds. SB482 would have  establish a  Tax Increment Development District (TIDD )for “all land owned by state”  to secures bonds issued up to $1 billion, but the state has abandoned efforts supporting SB482.   With 5 days remaining before the legislature ends, the legislature has only conducted a hearing on SB481

SB481 would establish what would be known as the “State Fairgrounds District” which would consist of a 5-member Board to oversee and govern it and to make appropriations for development. The 5 member board would have the following  designated membership:

• Governor
• Lt. Governor
• Designee of State Senator within whose district the Fairgrounds are located
• Bernalillo City Commissioner within whose district the Fairgrounds are located
• Albuquerque City Mayor

Senate Bill 481, would create a “State Fairgrounds District Fund” for  the 236-acre State Fairgrounds located North of  Central Avenue,  South of Lomas,  East of San Pedro and  West of Louisiana and any additional land adjoining it nearby the state may acquire. The legislation would empower the board to issue bonds up to $1billion with the pledge to repay those bonds with Gross Receipt Tax (GRT)  from GRT and Gaming Tax with maturity of up to 25 years for the bonds.

The State Fairgrounds District fund would receive “net receipts attributable to the GRT from business locations  on the state fairground once it is developed to include other year round businesses on the property. The State Fairgrounds District fund would receive “net receipts attributable to gaming tax from business locations on land owned by the state fairgrounds”. SB481 is sponsored by Senate President Pro Tem Mimi Stewart, D-Albuquerque

On March 11, the Transportation Committee voted  6-3 vote in favor of SB481. This was the first committee the bill was presented to.  The bill  now moves to the Senate Finance Committee for hearings.

Sen. Natalie Figueroa, D-Albuquerque, who represents the area that includes the State Fair Grounds, told the committee this:

“This has the potential to really change a section of our city, very close to my district, that’s been troubled for a long time.”

Figueroa was joined by four other committee Democrats present attendance and Sen. Gabriel Ramos, R-Silver City, in voting in favor of advancing the bill.  The tax committee’s other three Republicans Sens. Nicholas Paul of Alamogordo, Joshua Sanchez of Bosque and William Sharer of Farmington all opposed the bill.

In addition to classifying the area as a “state district fund”, SB481 creates a board to make financial decisions, including the ability to issue revenue bonds of up to $1 billion.  Republican Senator William Sharer of Farmington said the bill does not provide enough oversight for financial decisions and he said this:

“If we’re looking for fraud, waste and abuse, this is where I would start looking.”

 CONTENTIOUS MEETING OPPOSING MOVING STATE FAIR GROUNDS

The bill passed at the same time the Bernalillo County Commission was set to vote on a Tax Increment Development District (TIDD) for infrastructure improvements for the Fair Grounds and for re-development of the area. It was in  January that the Bernalillo County commissioners,  at the request of the state voted  to pass a resolution to establish a Tax Increment Development District, or TIDD, at the site of the fairgrounds.

On February 26, Bernalillo County Government held a public  meeting  attended by upwards of 200 people to discuss and provide information on the county’s  proposed Tax Increment Development District (TIDD) for the  New State Fairgrounds known as EXPO New Mexico. The meeting was highly contentious and was dominated by residents and business owners in the surrounding area who were strongly opposed to moving the State Fair grounds. Upwards of 99% of those in attendance by raise of hand said they were opposed to moving the State Fair grounds.   At the meeting, county leadership pointed the finger at the state for canceling a $500,000 request for proposal to redevelop the area hours before the meeting.

Bernalillo County announced it would not be taking a vote to establish a TIdD .  County spokesperson Randy Harrison said this in a statement:

“The county awaits a master plan from the State of New Mexico for public infrastructure for the 236-acre State Fairgrounds before proceeding [with a TIDD.] … Once the master plan is completed, the Board of County Commissioners retains the option to present and approve a TIDD.”

Harrison also said that the state would no longer pursue Senate Bill 482, a bill that would’ve created the joint TIDD between the county and state that could’ve authorized up to $1 billion in bonds

https://www.abqjournal.com/business/article_e64a3e7e-fee0-11ef-898d-bfe9b10a772d.html

PROPOSAL TO MOVE STATE FAIR GROUNDS

On December 3, Governor  Michelle Lujan Grisham accompanied by Speaker of the House Javier Martinez, Mayor Tim Keller and State Fair Commission Chairman Eric Serna and other officials held a news conference at Expo New Mexico and announced a plan to move the fair grounds to a different location and redevelop the 236 acres  into a mixed-use development. Among the many ideas suggested for the development of the 236 acres of prime property included low income and affordable housing and demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility. Recommendations for future land use and included commercial retail business development.

The announcement included the release of a Request For Proposal (RFP) that the legislature advanced $500,000 to develop a master plan for the 236-acre cite. The purpose of the Master Plan would be to provide a plan to maximize facilities operations year round, including addressing the needs and growth of the area for the next 10 to 20 years and find perhaps other uses for the property itself. The $500,000 Request for Proposals was issued on December 3 and was to last for 45 days. No new location was announced during the press conference, but it was suggested that keeping the State Fair centrally located such as in Bernalillo, Valencia or Torrance County would be beneficial due to the interstates. On February 26, the state withdrew and cancelled the RFP and announce a new one would be released.

Among the many ideas suggested for the development of the 236 acres of prime property included low income and affordable housing and demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility. Recommendations for future land use include commercial retail business development.

The announcement to move the Fair Grounds took surrounding neighborhoods and businesses by total surprise. There was a complete failure by the State Fair Commission and the Governor’s Office to reach out to adjoining neighborhood, property owners and businesses to get their thoughts and input.

INDEPENDENT REDISTRICTING TAKES AN UNUSUAL TURN AT ROUNDHOUSE

On March 17, 2025,  Dick Mason, with the Project Team, Fair Districts for New Mexico issued the following press release:

Late in the day Sunday, March 16, the decades-long effort to turn redistricting over to an independent commission in New Mexico took an unusual turn at the Roundhouse on the Senate Floor.

Senate Joint Resolution 9, sponsored primarily by Senator Natalie Figueroa (D-18) and six Democratic co-sponsors, if passed by both chambers, would put the question of an independent redistricting commission on the 2026 ballot for voters to decide. Late in the day Sunday, Senator Katy Duhigg (D-10), Chair of Senate Rules released SJR9 from Senate Rules Committee preventing it from having a hearing in that Committee.

Senate Judiciary is chaired by Joseph Cervantes (D-31) of Las Cruces. Cervantes has never gone on record as supportive of independent redistricting. While opponents of independent redistricting welcomed this unusual twist for SJR9, advocates for the resolution and its six bill sponsors likely do not.

 “We are disappointed that SJR9 was not heard in Senate Rules. Independent redistricting gained a lot of support in the halls of the Legislature this year. We had the votes from both Republicans and Democrats to pass out of Senate Rules and mark a historic bi-partisan victory for redistricting reform, “ said Hannah Burling, Project Lead for Fair Districts for New Mexico and co-President of the League of Women Voters of New Mexico. “We hope that Senate Judiciary will hear SJR9 promptly, and encourage constituents to reach out to the Chairman and other SJC members to express support for this important legislation.”

Upon news of the release of SJR9 from Senate Rules, Senator Natalie Figueroa had this to say:

“Now, more than ever, New Mexicans need to be able to trust in our election process. Independent Redistricting sends a clear message that voters’ voices matter.” Independent redistricting has garnered growing support prior to and since the 2021 redistricting in New Mexico. In a 2022 poll of likely voters, 77% supported an independent redistricting commission while only 12% opposed.

COMMENTARY AND ANALYSIS

HIGHEST AND BEST USE OF PROPERTY IS EXPO NEW MEXICO

Elected officials and politicians need to keep their greedy little hands off  the State Fair grounds and abandon any effort to move it. The highest and best use of the 236 acres of property is the State Fair itself and keeping it as Expo New Mexico. Expo New Mexico can be revitalized into an Entertainment and Commercial Hub  that could revitalize the entire SE Heights and surrounding area with creation of all new commercial property areas leased by the State Fair for shops, restaurants, theaters and entertainment venues that would also be used for operations of the annual State Fair and during the State Fair itself.

There should be no affordable housing and no other housing on the property. The existing walls along San Pedro, Lomas and Louisiana should remain intact for security reasons but develop larger entrances. Efforts to revitalize adjoining neighborhoods would only be undertaken by private developers perhaps with state and city development and tax incentives. The City of Albuquerque must and can as it has in the past  take aggressive action to deal with nuisance properties that are magnets for crime in the immediate surrounding neighborhoods. The City of  Albuquerque needs to aggressively enforce its vagrancy laws to deal with  the homeless, including making arrests if need be and provide services to them designed to get them off the streets.

The Albuquerque Downs Racetrack and Casino, along with its stables, occupies upwards of half  of the state fairgrounds and it is not going anywhere anytime soon given that it has a 25 year lease with 12 years remaining and subject to renewal. Governor Lujan Grisham said this:

“There is a long term lease that is not expiring in the next two years, four or six.  So for now, I would expect that the racino stays for a large amount of time.” 

Prominent Albuquerque businessman Paul Blanchard is one of the owners of the Downs Race Track and Casino and there is no doubt he will try and have major say on what is to be developed on the remaining fairgrounds areas that may affect the casino or racetrack.  But the Fair Grounds is still state property that the state can develop as it sees fit. Perhaps its the racetrack and casino that needs to be moved to another location and county with a buyout, but not the Fair Grounds.

OTHER VENUES

Getting rid of the “midway” ride area on the South side and replacing it with year round entertainment venues and facilities is in order.  Demolishing existing, aging specialty exhibition halls, such as the Manuel Lujan building and livestock exhibition stables and replacing them with new, larger facilities with multi purpose usages likewise is in order. Removing the flea market and replacing it with a Farmers Market or a permanent arts and crafts shopping  area should be in the mix.

There are two major facilities that could be integral  parts of an Entertainment And Commercial District Hub: the Downs Race Track and Casino if they want to still be a part of the State Fair and the proposed new multipurpose arena.  Part of the redevelopment of the existing Expo New Mexico property would be the building of a new, modern arena to replace Tingly Coliseum that would support year round large scale concerts and events. It’s a capital improvement project that needs to go forward. With the continuing historical  state revenue surpluses, the building of a multipurpose state of the art arena to replace Tingly Coliseum would be an investment for future generations.

FINAL COMMENTARY

The 2025 New Mexico legislative session began on January 21 and ends on March 22, 2025 and 12:00 Noon when adjournment (sine die) is declared.

With only 4 full days left of the New Mexico Legislature, it is not at all likely that SB481  establishing  a State Fairgrounds District for management, control and development of the State Fairgrounds will become law, which is very disappointing. Even though it passed one Senate Committee, the bill  still needs to get through other legislative committees and pass the full Senate and House to become law.  The creation of a State Fair Grounds District as proposed by SB481 makes common sense and would guarantee a sustainable future  for EXPO New Mexico where it now exists. If  SB481 fails this legislative session it should be introduced once again during the 2026 legislative session.

The passage of  Senate Joint Resolution 9 calling to  put the question of an independent redistricting commission on the 2026 ballot for voters to decide seems even more unlikely than enactment of SB481.

The link to a related blog article is here:

Public Anger Erupts Over Efforts To Move State Fair Grounds; Governor MLG Needs To Leave EXPO NM Where It Is With No Affordable Housing; Reinvest And Revitalize EXPO NM Into Year Round Entertainment District; Governor MLG’s Response To “Woman Taking Back Our Neighborhood” Reveals  Backtracking Of Epoch Proportions; Postscript: Guest Opinion Column By Colleen Aycock

The 2025 New Mexico legislative session began on January 21 and ends on March 22, 2025 and 12:00 Noon when adjournment (sine die) is declared. More than 1,200 bills were filed during this year’s 60-day session.

House Bill 5  would create an independent Office of the Child Advocate (OCA) to oversee child welfare in New Mexico. As an impartial public official, the Child Advocate would receive and investigate complaints related to children’s services at CYFD and state agencies, ensure their resolution, and inform the public, legislature, and Governor about opportunities for improvement.

The OCA would also review CYFD’s policies and procedures, provide children and families with information about their rights, operate a toll-free hotline to receive complaints, and compile and report independent data, among other duties. The bill is sponsored by Rep. Michelle Paulene Abeyta (D-To’hajiilee), House Speaker Javier Martínez (D-Albuquerque), House Majority Leader Reena Szczepanski (D-Santa Fe), and House Majority Whip Dayan Hochman-Vigil (D-Albuquerque).

The Child Advocate would be appointed for a six-year term by a selection committee composed of bipartisan representatives of the New Mexico House and Senate, the Governor’s office, the Attorney General, and the Supreme Court. Candidates would be selected based on their qualifications in law, psychology, social work, or family therapy. The Office of Child Advocate would be independent and autonomous, but would be administratively attached to the New Mexico Department of Justice. This would allow the Office of the Child Advocate to pursue all available remedies to protect the health and safety of New Mexico’s children.

UNANIMOUS HOUSE VOTE APPROVING HB 5

On March 4, the New Mexico House of Representatives voted unanimously 64–0 for House Bill 5, reflecting overwhelming bi-partisan support, to  approve it.  Two other bills dealing with the Children, Youth, and Families Department (CYFD) were also passed unanimously by the House. The two other Bills were House Bill 203  which would require CYFD workers to retain and back up all electronic records and House Bill 205  which would  establish a nominating committee to vet applications for the CYFD secretary position.   Of the 3 bills enacted by the House, only House Bill 5 was heard by the Senate Judiciary Committee chaired by Senator Joseh Cervantes, D-Las Cruces

On March 12, House Bill 5 passed the Senate Judiciary Committee but not  before  confrontation with the Governor’s Office. During the hearing, Judiciary Committee Chairman Sen. Cervantes acknowledged he blocked similar legislation from advancing during previous sessions at the urging of a prior CYFD secretary. Cervantes directed blunt remarks to to CYFD Secretary Teresa Casados, who testified in opposition to the bill,  and he said this:

“For the last several years, I’ve tried to resist this kind of initiative and I’ve come to the end of my rope. …  I’ve been hoping for a change, and it hasn’t happened. … You’re failing, and I can’t put it nicely.”

Earlier in the hearing, CYFD Secretary Teresa CYFD Secretary Teresa Casados urged senators not to approve House Bill 5  saying it would be punitive and could negatively impact morale for CYFD workers. Casados has led CYFD since May 2023 and is the agency’s third Cabinet secretary since Lujan Grisham was elected in 2018.  Casados said this:

“I think it’s scary for employees that are doing the work every day”.

Secretary Casados told the committee there are better options for increasing oversight of the agency, including  Senate Bill 363, that would create a nine-member child protection authority. That body would be attached to the Regulation and Licensing Department, which is run by a Lujan Grisham appointee.

HOUSE BILL 5  PASSES SENATE WITH AMENDMENT TO AVOID VETO

On Friday March 14 , the New Mexico Senate voted to approve House Bill 5 on a  28-13 voted but only after adding an amendment offered by Sen. Katy Duhigg, D-Albuquerque, aimed at avoiding conflicts of interest as child well-being investigations are carried out. The amendment to the bill was added to avert a potential  veto showdown with Gov. Michelle Lujan Grisham.

After the final Senate vote, Governor Lujan Grisham told the Albuquerque Journal she had met with several senators earlier in the day and urged them to make the change to the legislation. She said she believed the initial House-approved version of the bill was unconstitutional.  She likened backers’ efforts to rush the bill through the Roundhouse to President Donald Trump’s attack on political enemies in his speech  at the U.S. Department of Justice.  The Governor said this:

“You don’t use children, and their families and their well-being as some sort of political effort to harm or discredit another elected official. … Don’t hold children’s well-being hostage because you’ve got a political beef with me about one thing or another.”

The Governor also said she does not like the bill’s provision that a new Office of the Child Advocate would be located within the Attorney General Office and the Department of Justice.  She lauded several senators for their roles in the debate and the final vote. Those senators included Senator Katy Duhigg, Senate President Pro Tem Mimi Stewart, D-Albuquerque, Senate Democratic whip Michael Padilla of Albuquerque, Sen. Crystal Brantley, R-Elephant Butte, and Senate GOP floor leader William Sharer of Farmington.

RETURNED TO THE HOUSE

The fact  that House Bill 5 was amended by the Senate mandates that it returns to the House of Representatives  where members must vote in the coming days on whether to approve the Senate’s changes. If the Senate amendments are rejected,  a conference committee must be set up where appointees from the two chambers would meet to try to agree to a deal during the remaining 5 days before the 60-day session ends March 22.

House Speaker Javier Martínez, D-Albuquerque, said he and his staff are still reviewing the Senate amendments. Martínez described some of the changes as concerning, including a removal of subpoena power for the proposed outside office.  Martínez said this:

“It’s not good practice for us to tailor our policymaking to fit the vision or the view of any governor. … It is our job to pass good legislation.”

The Senate’s actions of amending House Bill 5 likely reduces the odds of the Governor vetoing the bill and lawmakers attempting to override a veto of the bill. Senator Duhigg alluded to and override effort during the Senates  floor debate, saying this:

“I know there are some that would love to force this to a veto and do an override.”

She said the better course of action is  to pass the bill with buy-in from the governor’s administration.

The outside oversight bill is one of roughly 30 measures dealing with CYFD and New Mexico foster families that have been filed during this year’s session.

TROUBLED AGENCY

CYFD has faced years of  scrutiny and litigation over  issues with child  placements, mental health care, and dangerous situations involving the care of children placed in its custody. New Mexico’s child welfare agency has struggled to reverse chronic staff shortages and the state’s rate of repeat child maltreatment increased last year to 15%. The number of children in state care also increased last year, despite a 2020 settlement agreement that established new targets such as not placing any children in state offices or hotels.

In the run-up to this year’s session, lawmakers expressed increasing frustration and anger about the direction of the agency after a string of recent child abuse cases. After oversight bills stalled in recent sessions, House Speaker Javier Martínez, D-Albuquerque, joined top House Republicans this year in calling for change at CYFD. Lujan Grisham has  shouldered some ownership for CYFD-related issues, saying this:

“I get that we need to do more. We will.”

On January 29, 2025, it was reported that CYFD  is once again facing scrutiny after a court-appointed arbiter ruled that the agency had failed to meet the terms of a settlement agreement designed to improve the state’s foster care system. This ruling comes in response to a class action lawsuit filed on behalf of hundreds of foster children who, due to systemic failures, found themselves homeless or without proper care. (See Postscript below for more on class action lawsuit.)

New Mexico legislators have tried repeatedly to reform the department by increasing outside oversight of the agency. Governor Michelle Lujan Grisham for her part has opposed all past efforts to increase outside oversight.  Instead, she ordered the creation of a new advisory council and office of innovation within CYFD.

Sara Crecca, an Albuquerque attorney who has represented children in CYFD custody for more than 20 years, said she has never seen the agency in its current level of “disrepair.” Crecca  said she’s hopeful the bill will help children around the state if it’s signed into law. Crecca  said this:

“The office of the child advocate will empower them, their parents and their foster parents in their battle for basic care in our broken child welfare system.”

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_2a8a706e-0034-11f0-ae44-fbe74fb414fc.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/article_9171ff06-0127-11f0-8d55-03d545475618.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

Given the hundreds of bills and still pending in committee and final enactment, the legislature is once again faced with its traditional mad dash to the very end during the remaining 5 days of the session. If there was ever a realistic chance for the New Mexico Legislature to enact major legislation to reform CYFD,  2025 is the year to do it. Lujan Grisham will have only one more Legislative session before she leaves office, but the 2026 session is a “short session” of 30 days and primarily focused on budgetary matters.

This year, Democrats have a commanding 43-26 majority in the House and a 26-16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing.  House Bill 5 reforming CYFD oversight and creating  an independent Office of the Child Advocate (OCA) to oversee child welfare in New Mexico was in fact passed with impressive bi partisan support.

Whatever differences House Speaker Javier Martínez and Governor Michelle Lujan Grisham have with  amended HOUSE BILL 5  need to be set aside by both. The House should proceed quickly  to adopt HOUSE BILL 5 as amended by the Senate and the Governor should sign it just as quickly.

The 2025 New Mexico legislative session began on January 21 and ends on March 22, 2025 and 12:00 Noon when adjournment (sine die) is declared. More than 1,200 bills were filed during this year’s 60-day session or roughly 100 bills more than two years ago. As of March 14, with only 8 full days left in the 2025 legislature, the New Mexico legislature has enacted only 3 major pieces of legislation signed into law by the Governor which includes the “feed bill” which funds the  session itself. The laws are the Behavioral Health Reform Package and the Omnibus Crime Package and the Feed Bill that pays for the Legislature and typically passes in the  opening days of the session.

With only 8 days left of the 2025 Legislative session, following is the status of legislation still pending:

COMMITTEE ACTION

On March 10, the on line News Agency Source New Mexico published the following article entitled New Mexico Legislature advances 23 bills over weekend written by its staff reporter  Austin Fisher:

“Nearly two dozen pieces of legislation advanced through chamber votes or committee hearings in the New Mexico Legislature over the weekend [of March 7, 8 and 9].

The House of Representatives on Friday night [March 7] passed House Bill 9, known as the Immigrant Safety Act, which would prohibit state agencies and local governments from entering into agreements used to detain people for violations of civil immigration law, and would require any existing agreements to end as soon as possible.

The legislation still needs to pass through the Senate Health and Public Affairs Committee and the Senate Judiciary Committee before reaching a vote in the full Senate.

New Mexico Immigrant Law Center Director of Policy and Coalition Building Jessica Martinez said in a statement:

“Behind each detention bed is a human being—parents separated from children, workers torn from their communities, and asylum seekers who fled violence only to face new trauma in detention. … By passing the Immigrant Safety Act, the House has chosen to stand on the right side of history. We urge the Senate to act swiftly to complete this important work and end New Mexico’s complicity in this harmful system.”

On Saturday, the House passed House Bill 255, which would expand community-based services already provided to young people exiting juvenile detention to include children and young adults in the Children, Youth and Families Department’s custody; and extend how long someone remains on supervised release from juvenile detention.

“Evidence shows us that focusing on intervention and rehabilitation will lead to better outcomes for our children, while addressing the root causes of juvenile crime in our state,” lead sponsor Rep. Liz Thomson (D-Albuquerque) said in a statement. “HB 255 helps us guide our at-risk youth down a better path, by providing them with key resources proven to be more effective at deterring crime and reducing recidivism than punitive measures alone.”

On Saturday morning, the Senate Tax, Business and Transportation Committee passed Senate Bill 52, which would align mileage reimbursements for lawmakers and their staff with the U.S. General Service Administration rate; a substitute version of Senate Bill 118, which would require the Motor Vehicle Division to distribute to other state agencies’ organ donor application materials; Senate Bill 318, which would regulate firearms and destructive devices under consumer protection law; Senate Bill 352, which would make confidential photographs taken by medical investigators; Senate Bill 377, which would create a special license plate for New Mexico’s professional soccer team, New Mexico United; Senate Bill 408, which would raise the threshold for when a state agency needs to seek competitive bids on a contract; Senate Bill 413, which would allow the State Investment Council to spend more on the Private Equity Investment Program; Senate Bill 422, which would set aside $5 million for grants to nonprofits providing affordable or transitional housing and other services for homeless people; and Senate Bill 460, which would allow the State Investment Council to make zero-interest loans to film production companies.

The Senate Finance Committee on Saturday morning passed Senate Bill 219, which would establish a program for medicinal use of psilocybin mushrooms.

Later on Saturday, the Senate passed Senate Bill 169, which would set aside $24 million for preparing sites for business development; Senate Bill 353, which would ensure potential search-and-rescue incidents are reported to the Department of Public Safety; and Senate Bill 81, which would provide property insurance to homeowners and businesses who struggle to get private insurance due to high risks from things like wildfires.

The Senate unanimously passed Senate Bill 480, which would require the Public Education Department to track all school-aged people who haven’t graduated from high school within four years from entering ninth grade; Senate Bill 39, which would prohibit prior authorization or step therapy, when insurance companies and pharmacy benefit management companies refuse to cover a specific drug until after the patient has tried cheaper alternatives, for off-label medications or therapies for rare diseases; and Senate Bill 252, which would allow all licensed social workers to provide telehealth services.

On Saturday afternoon, the Senate Judiciary Committee passed Senate Bill 78, which would allow certified nurse anesthetists to practice independently; Senate Bill 303, which would remove the need for gaming machines to meet standards set by Nevada and New Jersey and instead require them to meet standards set by the state; Senate Bill 457, which would set aside $20 million for civil legal services to low-income people; Senate Bill 302, which would strengthen background checks for Gaming Control Board contractors; and Senate Bill 375, which would allow early discharge for people who comply with probation and makes other changes to parole.”

The link to the above article is here:

https://sourcenm.com/briefs/new-mexico-legislature-passes-23-bills-over-weekend/

You can subscribe to Source NM here:

https://sourcenm.com/subscribe/

OTHER BILLS TO WATCH

On March 11, and March 14  Source New Mexico published news articles giving an update on further legislation considered by the New Mexico legislature. The articles are  entitled “NM Legislative Recap March 11: Where things stand with 12 days left”,  published March 11,  and  NM Legislative Recap March 14: The rise of the zombie bills” published March 14  written by Source New Mexico reporters Patrick Lohmann, Danielle Prokop and Austin Fisher.  The edited  articles read in part as follows:

HOUSE ACTION

“On Tuesday March 11, the House considered a memorial, which is non-binding statements used to express the House’s agreement that something should be honored or memorialized. The memorial from Rep. Michelle Abeyta (D-To’hajilee) read, in part: “Whereas, uranium mining operations create environmental hazards through the transport and storage of uranium ore, increasing the risk of contamination of land, air and water resources and exacerbating the health threats already faced by Indian and non-Indian communities alike.”  After and attempt was made to amend the memorial by  Rep. John Block (R-Carlsbad) to strike that language from the memorial, which he said stigmatized the uranium industry, the amendment failed and the memorial passed 38-23.

The House bounced House Bill 212,  a bill aiming to phase out products with intentionally added PFAS back to committee Monday, after no Republicans expressed willingness to sponsor floor amendments. …  Per-and-polyfluoroalkyl substances, shortened to PFAS are a class of toxic chemicals manufactured to withstand breaking down in water, heat or other environmental conditions and are used in everyday items from cookware to carpets to firefighting foams. PFAS exposure has been linked to certain cancers, fertility issues, low birth weights or fetal development issues, hormonal imbalances and limiting vaccine effectiveness. PFAS contamination caused the euthanization of more than 3,600 dairy cows and impacted water sources around New Mexico. … HB 212, if adopted, would ban the sale of items with added PFAS and carve out exceptions for essential uses, including in pharmaceuticals, electronics and cars.

Rep. Joanne Ferrary (D-Las Cruces), a co-sponsor of House Bill 212, said  the House Judiciary scheduled HB 212 for a Friday, March 15 hearing to amend the bill. If the committee accepts amendments, the bill would return to the House Floor, leaving it little time to clear committees and the floor in the Senate.” 

[On March 14,]the House of Representatives debated House Bill 17 for three hours before passing the bill, which would create a commission to study grocery prices and propose ways to lower consumer costs for essential household foods. The chamber also passed House Bill 76, which would require hospitals and other institutions to screen newborn children for congenital cardiac conditions; House Bill 372, which would increase the weight limit for recreational off-highway vehicles, and allow drivers under the age of 18 to carry a passenger if they are properly licensed and supervised; House Bill 7, which would would establish a trust fund for children born in New Mexico after Jan. 1, 2025; and House Bill 571, which would create a program and certification process under the Department of Finance and Administration to acknowledge municipalities that adopt strategies that increase housing affordability and accessibility.

[On March 14] The House Health and Human Services Committee passed Senate Bill 53, which would amend the Professional Psychologist Act to include allopathic and osteopathic physicians, nurse practitioners and clinical nurse specialists to the list of prescribing psychologists; Senate Bill 45, which would amend the Indigent Hospital and County Health Care Act to allow coverage for premium and out-of-pocket costs; Senate Bill 105, which would allow New Mexico to join the Social Work Licensure Interstate Compact; Senate Bill 118, which would require the Motor Vehicles Division to create materials explaining how to apply to be an organ donor and distribute to state agencies; House Memorial 53, which would require the Department of Health and the Aging and Long-Term Services Department to update material on Alzheimer’s disease and related diseases; seek federal funding for updating dementia-related public health programs; and create a report for the Legislative Council and governor; House Memorial 56, which would recognize May as “National Maternal Mental Health Awareness Month;” and House Memorial 29, which would require the Legislative Health and Human Services Committee to review driving rules for people with diabetes during the 2025 interim session and develop legislation updating driver’s license requirements for people with diabetes.

[On March 14] the House Education Committee passed Senate Bill 11, which would require local school districts to adopt policies for student cell phone use with guidelines from the Public Education Department. The committee also voted to table Senate Bill 242, the Advancing the Science of Reading Act, introduced by President Pro Tempore Mimi Stewart (D-Albuquerque). The committee debated the bill last week and agreed to roll it while amendments were considered. House Education Committee Chair G Andrés Romero (D-Albuquerque) said last week that he couldn’t promise the bill would be scheduled for a hearing again. One of the big sticking points was over using student outcomes to determine how successful teacher preparation programs are in preparing teachers to use structured literacy.

[On March 14] the House Government, Elections and Indian Affairs Committee passed Senate Bill 299, which would require the Secretary of State to notify the governor, presiding officer of the chambers and the county commissioners within five days of a legislative vacancy in their area; House Bill 292, which would distribute 8% of the general fund’s gross receipts tax collection to the newly created all cities and counties fund; House Bill 456, which would allow state agencies to use a price agreement for architectural or engineering services up to $2 million, not exceeding $15 million over four years; Senate Bill 353, which would amend the Search and Rescue Act establishing response protocols for federal, state, local and tribal agencies when New Mexico Search and Rescue is called to assist in emergencies; House Bill 570, which would amend the Prior Authorization Act of the Insurance Code to restrict prior authorization for chemotherapy, dialysis, elder care and home health care services, as well as for prescribed diabetes and high blood pressure medications; House Bill 618, a dummy bill that would clarify the role of Department of Information when approving information technology projects conducted by state agencies; Senate Bill 507, which would amend the Concealed Handgun Carry Act to create qualifications, licensing procedures and renewal requirements for concealed handgun licenses; and Senate Bill 63, which would describe how the New Mexico state flag is to be retired when no longer used, such as by burning, a private ceremony or public ceremony held by military personnel or a patriotic society. 

“[On March 14] The House Taxation and Revenue Committee passed House Bill 14, which would effectively eliminate the state income tax for about 20,000 families.”

SENATE ACTION

“The Senate Conservation Committee passed House Bill 93, which would allow public utilities to include advanced power grid technology projects in their grid modernization plans; House Bill 284, which would allow fertility control, relocation and adoption of free-roaming horses; and Senate Memorial 3, which would ask three state agencies to come up with a beaver management plan by October.

The Senate Health and Public Affairs Committee passed Senate Bill 146, which would fix language in the Interstate Compact on Educational Opportunity for Military Children; Senate Bill 247, which would require the Public Education Department to publish annually statewide testing results and break them down by race, ethnicity, socioeconomic status and special education status; Senate Bill 315, which would make tortillas the official bread of New Mexico; and Senate Bill 404, which would create greater protections for health records related to reproductive health care, gender-affirming care, mental health care, and alcohol or substance use disorder treatment.

The Senate Judiciary Committee passed Senate Bill 66, which would prohibit criminal convictions from automatically barring an applicant from public employment or a professional license; a substitute version of Senate Bill 166, which redefines defining “harm to self” and  “harm to others,” in state law; Senate Bill 259, which would make third-party vendors helping a charitable organization raise money subject to state regulation; Senate Bill 357, which would create a framework for the state to help  local government infrastructure projects; Senate Bill 364, which would allow people with work authorizations from U.S. Citizenship and Immigration Services to work as police officers; Senate Bill 488, which would strengthen the powers of and make permanent the interim Legislative Health and Human Services Committee; House Bill 47, which would create property tax exemptions for veterans approved by voters in November; and House Bill 214, which would  establish a voluntary credentialing process for doulas, allowing them to enroll as Medicaid providers.

The Senate Tax, Business and Transportation Committee passed House Bill 11, which would create a state-administered paid leave program.

The Senate Finance Committee passed Senate Bill 327, which would create a special “lowrider capital of the world” license plate; Senate Bill 377 which would create a special New Mexico United license plate; and Senate Bill 434, which would require schools to notify parents if their student has having math or reading deficiency.

[On March 14] after lengthy debate, the Senate passed House Bill 5, which would create the Office of the Child Advocate to oversee the Children Youth and Families Department.

[On March 14]  the Senate Rules Committee passed House Bill 84, which would enact the Employee Free Speech Act.

[On March 14] the Senate Finance Committee passed Senate Bill 401, the Broadband for Education bill, which among other facets would move the Statewide Education Network from the Public School Facilities Authority Office of Broadband Access and Expansion.

The link to the full unedited articles are  here:

https://sourcenm.com/2025/03/11/nm-legislative-recap-march-11-where-things-stand-with-12-days-left/

https://sourcenm.com/2025/03/14/nm-legislative-recap-march-14-the-rise-of-the-zombie-bills/

You can subscribe to Source NM here:

https://sourcenm.com/subscribe/

COMMENTARY AND ANALYSIS

On February 27, Governor Michelle Lujan Grisham signed into law the Behavioral Health Reform Package and the Omnibus Crime Package. In summary,  the two major pieces of legislation provide as follows:

The Behavioral Health Reform Package consists of  3 Senate Bills that will make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. Senate Bill 1 creates the Behavioral Health Trust Fund for the state of New Mexico to support mental health and substance abuse treatment, prevention, and intervention programs throughout the state. Senate Bill 2  allocates $200 million to expand regional behavioral health services such as crisis response and outpatient care. Senate Bill 3 requires regional plans be crafted for providing mental health and substance abuse treatment. The plans would be overseen by the state judicial branch and would include time lines and regional funding priorities

The Omnibus Crime Package. House Bill 8, is a compilation of six different bills that were consolidated into a single bill. It includes provisions dealing with fentanyl trafficking, auto theft and drugged driving (DWI). It also includes outlawing the devices used to convert semi-automatic firearms into fully automatic weapons. It makes changes to how New Mexico handles criminal defendants deemed incompetent to stand trial and adding a dangerousness evaluation in such cases and giving judges more options for treatment programs.

Despite the passage of so few bills, Democratic leaders of both chambers are quick to point out the bills passed so far this year are actually omnibus bills representing months of work by both chambers and parties to tackle the state’s behavioral health and criminal justice challenges in multi-faceted legislation.  Sen. Peter Wirth (D-Santa Fe), the Senate Majority Leader, said this:

“We’ve made great progress in this year’s session. We hit the ground running and met our commitment to deliver a comprehensive behavioral health and public safety package to the Governor in 30 days, and those bills are now signed into law. There hasn’t been early action like that since the ‘rocket docket back’ in 2019.”

Senator Wirth said the Senate’s next priorities include reform of the Children, Youth and Families Department, passing the budget and taking up more public safety bills.  He’s confident that the Legislature will, come closing day March 22, have “delivered meaningful results for the people of New Mexico.”

Camille Ward, spokeswoman for the House Democratic Caucus, echoed the sentiments that lawmakers are “well on track to deliver results” also noting the passage of the behavioral health and public safety packages. Ward said this  in a written statement:

“We will continue at a strong, steady pace in the final days of the session, as many more bills move through the final steps of the legislative process up to the Governor’s desk.”

Republican leaders have  criticized the Democratic majority for delays and refusing to hear bills they sponsored, a tactic that is preventing real anti-crime measures from getting a fair shake.

The link to the relied upon or quoted news source is here:

https://sourcenm.com/2025/03/11/nm-legislative-recap-march-11-where-things-stand-with-12-days-left/

MAD DASH TO ADJOURNMENT

Given the extent of legislation reported upon as being voted in committee and still pending final enactment, the legislature is once again faced with its traditional mad dash to the very end over the remaining 8  days of the session.

If there was ever a realistic chance for the New Mexico Legislature to enact major legislation measures, 2025 is the year to do it. Lujan Grisham will have only one more Legislative session before she leaves office, but the 2026 session is a “short session” of 30 days and primarily focused on budgetary matters.

This year, Democrats have a commanding 43-26 majority in the House and a 26-16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing.

Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives  to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

On Thursday March 12, Mayor Tim Keller officially announced that he is running for a third 4 year consecutive term. He did so by issuing a press release and a video. You can view the one minute video here. Following is the  Keller press release:

Mayor Tim Keller Announces Bid for Reelection and to Keep Fighting for Albuquerque

                       Tough times require strong, consistent leadership

ALBUQUERQUE, NM—Mayor Tim Keller has officially announced his candidacy for another term as Mayor of Albuquerque, aiming to strengthen efforts in tackling crime, revitalizing the city, and delivering lasting solutions to homelessness.

“At City Hall, we are relentless problem solvers, tackling Albuquerque’s toughest challenges head-on every day. We hear your concerns about long-standing local issues, compounded by the turmoil from Washington, D.C. That’s why now, more than ever, Albuquerque needs an experienced fighter who will protect its future—and that’s why I’m running for reelection.”

In these challenging times, the next four years must be about standing up for our city, uniting our community against division, and taking bold action to help those in need—getting people off the streets, out of addiction, and into stable housing. We must make every corner of our city safer from gun violence through technology and intervention. By building on the real progress we’ve made, I am committed to driving meaningful change and ensuring a brighter future for Albuquerque for generations to come.

Under Mayor Tim Keller’s visionary leadership, Albuquerque has moved forward on addressing the long-standing challenges that have held back our city for decades:

• Crime Reduction: When Mayor Keller took office, crime was rising across the board, and officers were leaving the force. Today, under his leadership, crime rates are declining, the police force is being rebuilt, and the department is nearly finished with DOJ-mandated reforms. Additionally, the Albuquerque Community Safety (ACS) Department has helped free up police resources, enabling faster emergency response. We remain committed to ensuring every street in our city is safe.
• Homelessness: When Mayor Keller took office, Albuquerque had no city permanent shelter beds for the unhoused. Last year, his administration delivered a breakthrough, opening the Gateway System, which shelters 1,000 people each night. Now, Mayor Keller is doubling down by expanding housing units to get even more people off the streets.
• Visionary Revitalization: Seven years ago, there was no clear vision for Downtown, the Railyards, or expanding family-friendly activities. Today, that has changed. The CNM Railyards Media Academy is set to bring hundreds of students into the heart of our city every day. Downtown is experiencing a revival, with new restaurants, hotels, and vibrant developments. The Rail Trail will soon connect Albuquerque’s historic neighborhoods through a scenic pedestrian parkway that celebrates our city’s rich diversity. Meanwhile, Netflix continues to grow, employing thousands of local residents and solidifying Albuquerque’s place in the film industry.
• Financial Help and Housing for Families: Combined with nearly 3,000 new housing units, Mayor Keller led efforts to revamp regulations to make it easier to build casitas, renovate office buildings and convert old hotels into housing. Mayor Keller has built a system of support for families— from banking services to emergency food and clothing, to rental assistance and renter projections.

“Albuquerque has fought too hard for progress—we can’t let anyone take that away from us. We must continue to fight to make our city the place we know it can be–for all our families,” says Mayor Keller.

Mayor Keller is running a publicly financed campaign, ensuring he remains fully accountable to all the people of Albuquerque—not special interests. Residents can support his campaign through seed money donations of up to $250, showing that Albuquerque’s future is not for sale”

Mayor  Tim Keller is 47 and he was born and raised in Albuquerque. He  is a graduate of St Pius High and has an MBA from Harvard. His wife, Elizabeth Kisten Keller, holds a PhD and works in policy analysis at Los Alamos National Labs. The couple are raising two young children.

OTHER CANDIDATES

At least 5 other candidates have announced and have  said they are running for Mayor. They are:

1. Mayling Armijo, Democrat and  former deputy county manager for Sandoval County. Albuquerque native Mayling Armijo is focused on tackling crime. Her experience consists of working as economic development director for Bernalillo County, the deputy county manager for Sandoval County and with the New Mexico Economic Development Department.
2. Eddie Varela (72) a Republican retired firefighter. Varela said he wants to restore public safety, rebuild trust in the government and revitalize the economy.
3. Eddy  Aragon, a Republican conservative radio talk show host. Aragon ran for Mayor 4 years ago and came in third. He has told news outlets he is running but he has not registered as a candidate with the City Clerk as yet. Aragon is an extreme, right-wing conservative. Aragon is known for his sharp tongue approach on his radio programs that alienates both friends and foes alike.
4. Republican Patrick Sais, (57) is listed on the City Clerks web site as running, but he has yet to formally announce.  He ran for election to the New Mexico House of Representativesto represent District 26 in 2024  and  lost in the general election on November 5, 2024. He is a small business owner, retired truck driver and school bus driver and he went to Albuquerque High School.
5. Republican Darren White controversial former Bernalillo County Sheriff and former  City Chief Public Safety Officer who “retired”  from the city after he interfered with an APD  investigation of his wife involved in an accident.

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1

 COMMENTARY AND ANALYSIS

Mayor Tim Keller is heavily favored for election to a unprecedented third consecutive 4 year term. However, with at least  five  candidates running, its very likely there will be a run off if none of the candidates secure 50%, but that’s assuming all make the ballot and collect the required 3,000 qualifying nominating signatures.  We can expect a brutal battle between highly progressive Democratic Mayor Tim  Keller and  MAGA extremists Eddy Aragon and Darren White who will try and force a runoff.

KELLER’S POWER OF INCUMBANCY

To complicate matters for Keller’s opponents, Mayor Keller has a built-in advantage called the power of incumbency  with an existing campaign organization consisting of his 27 high paid Department Directors who he pays upwards of $150,000 or more that do not want to lose their jobs, the ability to raise large sums of campaign cash as he did as State Auditor, and  a campaign manager who resorts to questionable slash and burn tactics to disparage opposition and win at any and all costs.

Keller will easily qualify for public financing of $755,946  as he has done before and then have measured finance committees raise an equivalent amount or more as he has done in his past two runs for Mayor.  Keller also has a strangle hold on progressive Democrats who prefer to look the other way when it comes to his mismanagement of city hall and his and Chief Medina’s mismanagement of APD as Keller and Medina refuse to take any responsibility for what has happened under their tenure.

It’s more likely than not that the 2025 municipal election for Mayor will once again be a very low voter turnout for Mayor with less than 20% of those eligible to vote voting, again something that favors  Mayor Keller.

KELLER’S BIGGEST PROBLEMS

Keller is favored to win despite having a disapproval rating of 40% and an approval rating of 33% as found by an Albuquerque Journal poll. The City’s Citizens Satisfaction survey released in August last year found that 63% of city residents reported do not feel the city is going in the right direction with only 31% say they are hopeful about the direction the city is going.

The same survey found 61% “disagree” and 35% “agree” that “the Albuquerque City Government is responsive to our community needs.” The Citizens Satisfaction survey found that 60% of the city residents “disagree” and 35% “agree” that the APD is doing a good job addressing property crime. The survey also found that 56% of city residents “disagree” and 39% “agree” that APD is doing a good job of addressing violent crime.

KELLER’S RECORD OF FAILURE

The biggest problem Keller has for his re-election is that during his two terms, he has been a major failure if not an outright disaster when it comes to city management, policy and addressing the city’s complex problems. His failure as Mayor is the likely reason there are 5 candidates running against him. Thus far the candidates running against Keller state the obvious problems the city is facing such as crime is out of control  and the homeless have taken over the city  but they offer no real solutions. Keller did the exact same thing when he ran for mayor the first time seven years ago, but now he must run on his own record.

Seven years ago when Keller first ran and became Mayor, he proclaimed violent crime was out of control, that he could get it down and that he would increase APD sworn from the then 850 to 1,200. Violent crime continues to spike and is out of control seven years later with APD currently at 750 sworn officers. The city’s ongoing homicide and violent crime rates continue to be at historical highs and people simply do not feel safe in their homes as the fentanyl crisis surges. APD ranks number one in police killings of citizens in the top 50 largest cities in the country.

Mayor Keller and Chief Harold Medina have seriously mismanaged the ongoing train wreck known as the Albuquerque Police Department with the department still dangerously understaffed at about 750 to 800 cops despite  seven years of  increased budgets, salary increases and lucrative bonus pay.  Keller has literally thrown money at the problem. This coming from the Mayor who promised 1,200 cops during his first term. During a recent APD Academy graduation, Keller promised 1,000 cops by the end of the year which is not at all likely given expected retirements.

Then there is the largest bribery and corruption case in APD’s history with 14 APD Officers implicated and 3 who have been federally charged and who have plead guilty to federal bribery and conspiracy charges involving the dismissal of hundreds of DWI cases for bribes. The former APD officers face up to 130 years in prison. Both Keller and Chief Medina have failed to take any responsibility for what happened under their watch as they deflect and blame others. They both have blamed the Court’s, the DAs Office and the Public Defenders for the DWI dismissals.

Keller has spent over $300 million in the last 4 years on homeless shelters, programs, and the city purchasing and remodeling motels for low-income housing. The recent annual Point In Time  homeless survey count found an 18% increase in  the homeless with upwards of 3,000 chronic homeless. It was reported 75% refuse city services. Despite Keller’s spending efforts to assist the unhoused, the city’s homeless numbers continue to spike as the crisis worsens,  as the unhoused refuse services and as they take over our streets.

The $300 million spent to help 3,000 to 5,000 homeless with 75% refusing services would have gone a  long way to finance community centers, senior citizen centers, police and fire substations, preschool or after school programs, senior citizen programs, and police and fire programs.  Keller has allowed the unhoused to proliferate city streets, parks and open space declining to aggressively enforce city and state vagrant laws and make arrests. Keller allowed Corando Park to become the city’s de facto city sanction homeless encampment before he declared it to be the most dangerous place in the state forgetting it was he who sanctioned it and then he was forced to close it down because of out-of-control violent crime and illicit drug use.

Keller’s “ABQ Housing Forward Plan” to increase affordable housing was nothing more than a politcal rues relying on the city’s housing shortage. His original announced goal was for the city to have 5,000 additional affordable housing units to be added to the market by 2025 but he fell short by 3,000. Keller pushed mandating “safe outdoor spaces” approved exclusively by the planning department  for the unhoused in all 9 city council districts over objections of neighborhoods. Keller wanted to double or triple the city’s density by allowing casitas and duplex development in existing neighborhoods by eliminating the rights of appeal by objecting to neighborhood associations and adjoining property owners.

Keller’s “Housing Forward Plan” makes gentrification an official city policy that caters to developers and the NAIOP crowd at the expense of neighborhoods and property rights. It will not increase affordable housing. It will allow developers and investors to destroy existing neighborhoods for the sake of making a development buck and increasing density in established neighborhoods and destroying their original character.

Keller also supports recent amendments to the city’s zoning laws know as the Integrated Development Ordinance. Those changes reduce or totally eliminate Neighborhood Associations and adjoining property owners’ rights of standing to appeal developments. In the limited instances where they can appeal a development and they lose the appeal, the changes require them to pay the attorney’s fees of the defending developer when before both sides would assume their own attorney fees and costs.

Keller has also refused to hold Chief Medina accountable for a vehicle crash where Medina negligently plowed into another driver putting the driver in the hospital in critical condition. Medina admitted to violating state law when he failed to have his body camera on during an incident that preceded the crash.

After the crash, Keller called Medina “arguably the most important person right now in these times in our city.” Medina’s appointed crash review board declared the crash as “non avoidable” even after Medina admitted to causing the crash. Medina was given a slap on the wrist with letters of reprimand. The City and Medina have been sued by the other driver and the case is still pending and will likely result in a significant judgement being paid for Medina’s negligent driving and his running of a red light. Medina claims he will retire in December and Keller claims he will find a new Chief, but don’t believe them. They are too much tied to the hip.

FINAL COMMENTARY

Simply put, Albuquerque needs a new Mayor. Keller is completing 8 years as Mayor and he is still struggling with the very issues he dealt with 8 years ago: high violent crime rates, drugs, the homeless and a corrupt APD. Things have not gotten any better under his leadership and some would say we are even  worse off today than we were when he was first elected in 2017.

The problem is those running do not have the credentials, or the gravitas to be Mayor and they are more interested in hyperbole and disruption, much like Donald Trump.  Darren White and Eddy Aragon are two such candidates who are more mouth than substance.

Eight years of Tim Keller as Mayor has been more than enough. But those who are running against him now will likely be even worse.  Some may not even make it on  the ballot by not collecting the 3,000 required nominating  signatures and more likely will not secure the required 3,000 five dollar donations for public finance. They do not have the gravitas to be Mayor meaning understanding the seriousness of purpose of being Mayor, background, credentials and the importance of manner causing a feeling of respect and trust from others.

Voters can and must do better. The City will do better with a new Mayor but that will happen only if other more qualified candidates who can mount a successful campaign are recruited to run. The business community, civic organizations, neighborhood associations and concerned citizens in general should go out of their way do what they can to recruit qualified candidates to run. Otherwise, we will have another 4 years of disastrous policies, either under Keller or one of the others now running, and we will only have ourselves to blame.

The Exploratory Period for Mayor began on March 3, 2025 and ends on April 19, 2025. Hopefully, better qualified candidates will emerge. The 2025  municipal  election is scheduled for Tuesday, Nov. 4 and the offices of Mayor and 5 city council races will also be on the ballot.

The postscript below gives the dates and deadlines to run for Mayor. 

____________________________________________

POSCRIPT

The following is what is required to qualify and run for Mayor with links to City Clerks web pages:

QUALIFYING TIME PERIODS

The Exploratory Period for Mayor begins on March 3, 2025 and ends on April 19, 2025.

March 3 is the first day of the “Public Financing Exploratory Period” for Mayoral Candidates. The  Exploratory Period begins on March 3 and ends on April 18. March 3 is also the first day or Mayoral Candidates to submit Declaration of Intent to seek public financing. 

The Seed Money Period for candidates for Mayor, or the time to begin collecting exploratory contributions, to collect at least  is from March 3, 2025 to April 18, 2025.

In order to File the Declaration of Intent, the applicant candidate for public finance must schedule an appointment with the City Clerk at least one day prior to filing. The Clerk will review the public finance process with the applicant candidate and provide the Declaration of Intent for public financing.

The Qualifying Period for candidates for Mayor to collect 3,780 qualifying donations of $5.00 from Albuquerque registered voters  for public financing is from April 19, 2025 to June 21, 2025.

The Petition Period for candidates for Mayor to collect 3,000 or more signatures from Albuquerque registered voters is from April 19, 2025 to June 21, 2025.

https://www.cabq.gov/vote/candidate-information/candidate-calendar-for-the-2025-regular-local-election

SEED MONEY CONTRIBUTION LIMITS

From March 3, to June 21, candidates for Mayor are allowed to collect seed money contributions of $250 per person for an aggregate of $151,189.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

QUALIFYING PERIOD SIGNATURES AND QUALIFYING DONATIONS

The qualifying period for candidates for Mayor who are both publicly and privately finance candidates  to collect qualifying petition signatures is from April 19, at 8:00am to June 21, 2025 at 5:00pm.

The qualifying period for candidates for Mayor who are publicly financed candidates to collect  3,780 qualifying donations of  $5.00 each and to receive $755,946 in public finance from the city  is  from April 19, at 8:00am – June 21, 2025, at 5:00pm.

Privately financed candidates can commence collecting donations on April 19 and do so up an until election day of November 5.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

QUALIFYING PETITION SIGNATURES

Candidates for Mayor must gather more than 3,000 signatures from registered voters only who reside within the Albuquerque City limits. Petions are given to candidates and the qualifying signatures can only be collected from April 19, 2025, at 8:00am – June 21, 2025, at 5:00pm to qualify to be placed on the November 4 ballot.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

PUBLIC FINANCED CANDIDATE

Candidates for Mayor who seek public financing must collect Qualifying Contributions of $5.00 each from 1% of the registered voters which in 2025 is 3,780 qualifying donations of $5.00 each. Upon collecting the 3,780 verified qualifying $5.00 donations, the qualifying candidate will be given $755,946.00 by the city in public financing. A candidate who qualifies for the public financing must agree in writing to a spending cap of $755,946 and failure to adhere to the spending cap mandates a full refund and removal from office if elected.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

NO FUNDRAISING OR SPENDING LIMITS FOR PRIVATELY FINANCE CANDATES

Unlike publicly financed candidates, who may only spend the funds given to them  by the City and agreeing to a spending cap, privately financed candidates have no fundraising or spending limits. There are, however, limits on individual contributions. Specifically, Article XIII, Section 4(d) limits the total contributions, including in-kind contributions, from any one person (with the exception of the candidate himself or herself).

The following limits per individual or corporation or entity are  in effect:

“Limits to Contributions. No privately financed candidate shall, for any one election, allow total contributions, including in-kind contributions, from any one person with the exception of contributions from the candidate themselves of more $6,000 for Mayoral Candidates.”

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

IN-KIND CONTRIBUTION LIMITS

Candidates for Mayor can accept individual in-kind contributions of up to $2,500 for a total aggregate of $75, 594.60.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

House Bill 134 is a bipartisan juvenile justice reform bill to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code. It would expand the list of violent crimes where juveniles can be charged as adults and as a “serious youthful offender” to make sure violent teen suspects are held accountable for those crimes. It would  set aside money for programs providing services for youth in detention or CYFD and establish a panel to determine what comes next for a juvenile sentenced to a detention facility.

On March 6, the House Consumer and Public Affairs Committee debated a slimmed-down version of House Bill 134  and voted 4 to 2 to table the legislation thereby killing the bill.  With the 4 Democrats voting in favor of halting the legislation from advancing it means it’s unlikely the bill will be revived before the session ends March 22.

The proposal was stuck in committee for weeks. Republican State Representatives Andrea Reeb , one of the sponsors of the bill said this:

“I’m disappointed, frustrated. I pre-filed this bill before the session even started. I wanted to give it the biggest chance to get across the finish line. I was assigned to CPAC, which we generally know is the kill committee and I did my first presentation. They had a lot of concerns. I edited the bill and then I just could not seem to get the bill heard. … I was pretty much told by the chair it wasn’t going to be heard. Then, I finally, for some unknown reason, I ended up getting the bill scheduled [for hearing]. So, that was the first time we actually had been able to present the bill with our changes and all the stakeholders that we brought into it.”

Crime, juvenile violent offenders in New Mexico are really what I feel is the biggest problem we’re facing right now with crime. So, what this did was just literally deal with two parts. It took what we call serious youthful offenders. And it added where [it] used to be just first-degree murder. We [added] …  second-degree murder …  armed robbery …  shooting at or from a motor vehicle … causing great bodily harm … [and]  involuntary manslaughter. And we lowered the age from 15 to 14 because, as you know, we’re having way younger offenders that are shooting and killing people.”

Bernalillo County District Attorney Sam Bregman had advocated for an overhaul of New Mexico’s juvenile criminal code since October.  DA Bregman’s original plan included 36 changes to New Mexico’s juvenile justice laws, all meant to increase the consequences and accountability for violent teen suspects.

DA Bregman has said that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

“Juveniles without consequences who later commit murder or violent crimes happens every single week in Bernalillo County. … We have to do some things so they learn when they first enter the criminal justice system that their conduct of violating certain laws and norms cannot continue without a consequence. Therefore, they learn it, because we’re not at the end of the day… As far as violent crime in Albuquerque, the thing that we could do most to move the needle is reform, is juvenile code fixing.”

BACKERS LEFT DISAPPOINTED AND FRUSTRATED

The 4-2 party-line vote to kill House Bill 134 upset its backers. Bernalillo County District Attorney Sam Bregman said this:

“I’m disappointed and frustrated the Legislature is unwilling to update the children’s code to reflect what’s happening on the streets of Albuquerque and New Mexico. … Apparently the Legislature is OK with the status quo … I’m certainly not.”

House Bill 134, is one of several public safety measures that Governor Michelle Lujan Grisham had urged lawmakers to pass during this year’s session.  Governor Lujan Grisham last month signed a crime package that included provisions dealing with school shooting threats, fentanyl trafficking and drugged driving, but the package did not include increased penalties for youthful offenders convicted of crimes like armed robbery and drive-by shootings. The crime package was criticized for not including juvenile justice reform.

During the March 6 meeting of the House Consumer and Public Affairs Committee, several Democratic lawmakers expressed concern about extending criminal penalties for juvenile offenders into adulthood.  Representative  Andrea Romero, D-Santa Fe, cited improved rehabilitation rates for juvenile offenders compared to adults and said this:

“We’re talking about detaining and committing children.”

But backers of the legislation cited statistics showing juvenile crime rates have increased in recent years, even while FBI crime data shows a recent statewide decrease in overall violent and property crime in New Mexico. Troy Gray, a deputy district attorney in charge of juvenile crime in the Bernalillo County District Attorney’s Office, told members of the committee there was a 57% increase in cases involving juvenile criminal defendants from 2022 to 2023.

Representative  Andrea Reeb, R-Clovis, a prosecutor herself, said this:

“Everybody in this room knows what’s happening with juvenile crime. …We have 13-year-olds committing murder.”

It was Rep. Reeb who scaled down the bill from its initial version in hopes of making it more palatable.  Reeb said the measure’s two Democratic co-sponsors Reps. Art De La Cruz and Cynthia Borrego, both of Albuquerque,  backed away from the legislation during this year’s session. Neither of the two joined Reeb and Rep. Nicole Chavez, R-Albuquerque, in presenting the bill during the March 6 committee hearing.

Representative Reeb and Chavez acknowledged the tabling of the bill in committee means  it’s unlikely to pass both legislative chambers before adjournment. Reeb said this:

“It could very well be too late [for this session], but we’re not going to stop trying.”

Representative Chavez, whose son was killed in a drive-by shooting in 2015, described the committee vote as a “kick to the stomach” and said this

“This is my journey for ten years now. We have been asking to address juvenile crime and hold the most violent juveniles accountable. New Mexicans are saying that we are at a crisis and it’s time to take action. The fact that it sounded like all the committee members were doing was making excuses for the juvenile’s violent actions and coddling the criminals instead of holding them accountable and forgetting about the victims across the state that are losing their children and their loved ones to violent crime was disheartening

Numerous crime-related bills have been assigned during this year’s session to the House Consumer and Public Affairs Committee. While some measures have passed, many others have stalled in committee, and a total of 56 bills were pending in the committee as of March 7.

Republican Representative John Block of Alamogordo  accused the House  majority Democrats of passing “weak sauce” crime legislation. Block said this:

“It’s a shame because some people would rather just see the problem continue while other people want to actually solve it.”

On March 7, Governor Lujan Grisham said she was disappointed that  House Bill 134,  will not make it to her desk.  However she remained hopeful lawmakers might address juvenile violence in other proposals. Lujan Grisham said this in a statement:

“New Mexicans are demanding juvenile justice reform, and I urge lawmakers to answer their call.”

https://www.abqjournal.com/news/article_85c6883a-fb81-11ef-9406-fb1d9974aeef.html#tncms-source=home-featured-7-block

https://www.kob.com/news/top-news/juvenile-justice-reform-bill-remains-stuck-at-starting-line/

https://www.koat.com/article/new-mexico-juvenile-crime/64097861

COMMENTARY AND ANALYSIS

The failure of House Bill 134 to receive approval by the House Consumer and Public Affairs Committee is as about as disappointing as it gets.  The proposed update of the Children’s Code of adding  violent crimes to allow juveniles teens  to be charged as  “serious youthful offender” to make sure violent teen suspects are held accountable for those crimes was reasonable and measured. It was an acknowledgement of a crisis that needs to be dealt with.  Instead, the committee simply ignored what is going on with teens committing adult violent crimes and leaving no real options to secure justice for victims of violent crime.

Democrats have a commanding 43-26 majority in the House and a 26-16 majority in the Senate. If there was ever a realistic chance for the New Mexico Legislature to enact major reform measures for teens committing adult violent crimes, this was the year to do it. Instead,  the legislature looks the other way and pretends there is no problem and kicks the can down the road.

It has been reported that on March 6, the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board filed a petition with the New Mexico Supreme Court for the suspension of the law license of prominent DWI Criminal Defense Attorney Rudolph “Rudy” Chavez. The State Bar Disciplinary Board oversees all investigations of misconduct by attorneys. According to state law, an attorney’s law license may be suspended when the disciplinary counsel is investigating that attorney for an alleged violation of the Rules of Professional Conduct. The petition was filed by Chief Disciplinary Counsel Anne L. Taylor.

The petition alleges that Defense Attorney Rudolph “Rudy” Chavez  was the  second attorney involved in the  long-running racketeering, bribery and conspiracy DWI Enterprise to dismiss DWI cases in which New Mexico law enforcement officers from the Albuquerque Police Department, the Bernalillo County Sherriff’s Office and the New Mexico State Police accepted bribes to ensure drunken driving offenders they arrested were never convicted, and in some instances, never formally charged.

The New Mexico Supreme Court filed a notice requiring defense attorney Rudolph B. Chavez to respond by March 17 to the  petition which is seeking that he be suspended from the practice of law until further notice of the court. Chavez has not been criminally charged as part of the federal prosecution. Thus far, the federal prosecution has resulted in guilty pleas from three former APD police officers and a former Bernalillo County Sheriff’s deputy. Also pleading guilty to all charges filed are longtime Albuquerque criminal defense attorney Thomas Clear III, and his investigator Ricardo “Rick” Mendez.

After Clear pleaded guilty to five federal charges, including conspiracy, racketeering, bribery and extortion on February 12, the New Mexico  Supreme Court began formal  proceedings to disbar him permanently  from the practice of law. On March 11, Clear was officially  disbarred by the New Mexico Supreme Court.

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/attorney-at-center-of-dwi-scheme-officially-disbarred/

CONNECTING THE DOTS  IN PLEA AGREEMENTS AND CHARGES FILED

The Disciplinary Board alleges that Chavez worked with former Albuquerque Police Officer Honorio Alba, Jr. and paralegal Ricardo “Rick” Mendez to get an accused drunk driver’s case dismissed. The petition filed by the State Bar Disciplinary Counsel alleges in part that “upon information and belief,” Rudolph “Rudy” Chavez is the party identified as a co-conspirator in both Ricardo “Rick”  Mendez’s and former APD Police Officer Honorio Alba Jr. plea agreements.

On February 7, Honorio Alba Jr. plead guilty to the federal charges of racketeering, bribery, extortion and conspiracy-related charges and faces up to 130 years  in prison. In his plea agreement he admits that he worked “in concert” with Mendez, Clear and “another Albuquerque defense attorney” to ensure a man he arrested in April 2023 avoided criminal and administrative consequences related to his offense.

In the criminal information plead to by Alba, a DWI  suspect  identified as “Z.W.”said he knew nothing about any criminal conspiracy and said “Rudy Chavez did nothing to make me question his integrity.” “Z.W.” said he was never told “anything that didn’t sit well with me.”  None the less, “Z.W.” said his attorney Rudy Chavez was able to get his DWI case dismissed the day of trial without explanation. Ricardo “Rick”  Mendez in his plea agreement also mentions the case of “Z.W.”

ZW was identified as Zachary Williams. The State Bar  Disciplinary Counsel petition states that Rudy Chavez represented client Zachary Williams in that case and noted that Alba was the arresting officer. Alba also stated that he “relied on attorney co-conspirators to handle any aspect of the scheme and the enterprise that required an attorney present in court or at administrative hearings” such as those conducted by the state Motor Vehicle Department, which oversees driver’s license privileges.

Honorio Alba Jr  conducted a DWI stop of Zachary Williams on a Sunday night in April 2023.  At that time of his arrest by Honorio Alba Jr., Zachary Williams already had two DWI convictions on his record. Because of the arrest he was facing a 3rd DWI offense, along with reckless driving, no proof of insurance, and possession of open container charges filed by Alba. Zachary Williams said that he paid Rudolph “Rudy” Chavez $8,000 to represent him, which he claimed was lower than other attorneys he spoke with. Williams said that Chavez told him the price was that high because it was his third DWI.  Zachary Williams  said he was dressed in a suit in January 2024  to go to court for trial but was told by Chavez his case was dismissed the day of trial with no real explanation as to why. According to court documents, the decision to dismiss  was “in the interest of justice.”

Chavez took over a number of Clear’s cases after the feds raided Clear’s law office in January 2024. The two also worked on several cases together going back to June 2006.

The State Disciplinary Counsel essentially “connected the dots” from the plea agreements with the charges handled identifying the defendant and then identified Rudy Chavez  as the defense attorney involved with the DWI Enterprise. The petition filed by Chief Disciplinary Counsel Anne L. Taylor alleges in part:

“Given the length and nature of the enterprise and the allegations against Rudolph “Rudy” Chavez , as well as the hundreds of dismissed DWI criminal cases as a result of the enterprise, the continued practice of law by Rudolph “Rudy” Chavez will result in the substantial probability of harm, loss or damage to the public.”

To date, more than 200 DWI cases have been dismissed because they were filed by  Albuquerque Police Officers, a Bernalillo County Sheriff Deputy and a New Mexico State police officers all implicated and under investigation as part of the FBI’s continuing investigation of the criminal DWI Enterprise scheme.

Links to quoted or relied upon news sources are here:

https://www.krqe.com/news/investigations/second-new-mexico-defense-attorney-implicated-in-dwi-scheme/

https://www.kob.com/new-mexico/albuquerque-metro/plea-agreements-in-dwi-scandal-implicate-defense-attorney/

https://www.abqjournal.com/news/article_9be648f2-fddf-11ef-abc9-9fa04268e083.html#tncms-source=home-featured-7-block

DWI CRIMINAL ENTERPRISE

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez. All those targeted with a search warrant are accused of being involved in a bribery and conspiracy scheme to dismiss DWI cases.

Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases where they made DWI arrests. Over the last year, the investigation has evolved into the single largest law enforcement corruption case in the city’s history involving APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police with no end in sight.

More than a year into their investigation, the FBI continues to seek out those who participated in the near 30-year criminal enterprise in which law enforcement officers coordinated with defense attorney Thomas Clear, III  and his investigator Ricardo “Rick” Mendez to get drunken driving cases thrown out of court by paying  bribes to arresting officers.

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, DWI officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, the law enforcement officers  would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews or scheduled court hearings. They would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges would do so as a sanction against the prosecution.

Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI or aggravated DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a persons first, second, third or even the fourth offense, misdemeanor or felony DWI. There is no charge if a person qualifies and is defended by the Public Defender’s Office.

The corruption score card  thus far is as follows:

• Eighteen  cops consisting of fourteen APD Officers, three  BCSO officers, including the undersheriff, and one NMSP Sergeant, have been implicated, resigned or retired.
• Three APD officers and one BCSO Deputy plead guilty as charged with no sentencing agreement for their involvement in the DWI Enterprise and accepting bribes to dismiss DWI cases. Depending on the charges plead to, they face between 70 to 130 years in prison.
• Thomas Clear, III and his paralegal Ricardo “Rick” Mendez plead guilty to all federal charges with no agreement as to sentencing with both facing up to 130 years in prison. Clear has been disbarred from the practice of law and his law offices forfeited.

COMMENTARY AND ANALYSIS

There is no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”. 

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system to the core with law enforcement officers from the state’s three largest law enforcement agencies of APD, BCSO and NMSP being involved.

What is truly shocking is that there has been very little to no public outrage over what has been going on with the corruption in all 3 of our major law enforcement agencies. No protests, no condemnations from the public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor, members of the legislature and our congressional delegation. Nothing, nada.

No civic or business organization is demanding the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina “pivot, deflect and blame” all others for what has happened with APD under their tenure. Mayor Keller for his part smugly grins as he prepares confidently to run for a third term. It’s as if the public and our elected officials now accept that law enforcement corruption is the norm, not the exception and tolerated.

The only way that any semblance of faith will  be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers and the lawyers involved in this scandal are held accountable.  Accountability will only happen with aggressive prosecutions, convictions, and lengthy prison sentences and hefty fines imposed for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme. Until then, do not expect any public outrage.