13-year-old Bennie Hargrove was shot and killed at Washington Middle School in Albuquerque in 2021.  The Albuquerque Police Department investigation found that it was fellow 14 year old middle school student Juan Saucedo Jr. who took his parent’s gun to school and shot Hargrove.  On March 2,  Saucedo Jr. pleaded no contest to second-degree murder. On March 3, House Bill 9 named after Hargrove passed the NM  Senate by a vote of 24 to 16 after it was amended.  It now goes back to the House for further consideration and if approved  by the House as amended and enacted, it goes to the Governor for signature to become law.

The link to news source material is here:

https://www.kob.com/new-mexico/bennies-bill-clears-another-hurdle-passes-senate/

https://www.koat.com/article/bennie-hargrove-bill-senate-house/43186905

https://www.krqe.com/news/politics-government/legislature/gun-safety-bill-known-as-bennies-bill-passes-senate-faces-one-more-hurdle-before-governor-sign-off/

https://www.abqjournal.com/2577928/middle-school-students-killer-to-remain-in-custody-until-21.html

HOUSE BILL 9 EXPLAINED

House Bill 9 addresses  unlawful access to firearm by minor. The legislation is  sponsored by Albuquerque area Democrat Representative Pamelya Herndon. This bill was originally written as a safe gun storage bill, but was amended  to secure  more support. It makes it a crime to store a firearm in a way that negligently disregards the ability of a minor to access it. Criminal charges could be brought only if the minor later brandishes or displays the firearm in a threatening way or uses it to kill or injure someone. House Bill 9 would make it a misdemeanor to negligently allow a child access to a firearm, and would make it a felony if that negligence resulted in someone dying or suffering great bodily harm.  On February 9, House Bill 9 passed the House on a 37-32 vote after a three-hour debate.

On March 3, the Senate by a vote of 24-16 to pass House Bill 9, but with amendments. Senate Republicans succeeded in amending the bill by a narrow 20-19 vote to exempt hunting and other recreational activities involving firearms from being covered by the bill.  All other proposed amendments failed.  Senate Republicans argued  House Bill 9, would be incompatible with rural New Mexico’s gun culture and could criminalize law-abiding citizens.  Senate Democrats backers of the legislation insisted it is specifically targeted to cover situations when children obtain firearms that are not properly stored by adults.

The Senate vote was  along party lines with the exception of  Democrat Senator  Benny Shendo Jr. of Jemez Pueblo who cast a “no” vote. All Senate Republicans voted in opposition. Despite the Senate’s vote to approve House Bill 9,  the bill goes  back to the House for final approval before being sent to the Governor for her signature to become law. The Governor could veto the measure, but that is not likely.

Representative Pamelya Herndon, who sponsored HB 9 said this:

“Last year, we saw more gun violence. We saw more suicides with children who had access to guns, and we saw more, more children having access to even accidental shootings because they did have access to those firearms. … I just want people to become aware of, we don’t want to pass a piece of legislation, and then it now sits in the books, and no one ever knows about it until there is another incident that requires that piece of legislation to be utilized.”

https://www.krqe.com/news/politics-government/legislature/gun-safety-bill-known-as-bennies-bill-passes-senate-faces-one-more-hurdle-before-governor-sign-off/

Governor Lujan Grisham said this about the Senate vote on HB 9:

“I commend the members of the Legislature for joining me in efforts to keep New Mexicans safe by requiring safe storage of firearms. … Holding gun owners accountable for failing to safely store their firearms is common sense. We lose nearly three children in New Mexico every month as a result of gun violence — it’s imperative to take every step we can to keep that from happening going forward.”

Out of upwards of 10 major gun control bills under consideration by the 2023 New Nexico legislature, House Bill 9 has made it the farthest to become law. Other gun safety bills that are stalling in the Senate or House committees  include  a proposed 14-day waiting period for firearm sales,  a bill raising the minimum age from 18 to 21 to buy guns and the  assault weapons ban, such as AR-15-style rifles.

The link to news source material is here:

New Mexico Political Reports “Senate passes 1st Major Gun Control Law of Session”, March 4 at  https://nmpoliticalreport.com/

https://www.abqjournal.com/2578339/gun-safe-storage-bill-inches-closer-to-governors-desk-after-winning-senate-approval.html

 KILLER OF HARGROVE PLEADS NO CONTEST

On March 2, 14 year old Juan Saucedo Jr. pleaded ‘no contest’ in Juvenile Court for the murder of Bennie Hargrove.  Saucedo Jr. will remain in custody until he is 21, which is the maximum sentence allowed for a child under New Mexico law.

Juvenile Court Judge Catherine R. Begaye to the opportunity to address Saucedo at his sentencing and said this to him:

“Juan, I want you to understand the actions you took on that day when you killed Bennie, didn’t just affect his family—you frightened the other middle school children who were attending that same school. You scared their parents. … I want you to take the opportunity to see the consequences of your actions.”

https://www.koat.com/article/washington-middle-school-student-no-contest-murder/43167838

TWO OTHER  GUN MEASURES MAKE IT OUT OF SENATE COMMITTEE 

On Sunday, March 6,  Senate Bill 427, another bill to impose a 14-day waiting period on gun purchases,  made it out of the Senate Health and Public Affairs Committee. Senate Bill 427 passed on a 6-1 vote. It would do the same thing as House Bill 100, which made it out of two committees with a do-pass recommendation last month but hasn’t yet been brought to the House floor. New Mexico currently has no waiting period to buy a firearm. The bill’s sponsor, Sen. Joseph Cervantes, D-Las Cruces, said 14 days would put New Mexico at the high end of waiting periods. While 11 states have waiting period laws, only Hawaii has one as long as 14 days.

Supporters said the cooling-off period required by the bill would reduce both violent crime and suicides. Sen. Brenda McKenna, D-Corrales, said several of her relatives have died by suicide with a gun and she said this:

“All of them had easy access to a firearm in the home.”

Opponents of Senate Bill 427 said the bill wouldn’t do anything to reduce crime and would be a hardship for law-abiding gun owners, particularly people in rural areas who would have to travel twice to buy a gun.

The Senate Health and Public Affairs Committee also voted 6-1 to advance Senate Bill 428  which would amend the New Mexico Unfair Practices Act to sue gun sellers who advertise guns or other products as being legal in New Mexico or the United Sates when they’re not, or sell illegal guns. Both votes were along party lines.

The link to news source material is here:

https://www.santafenewmexican.com/news/legislature/senate-committee-advances-gun-bills-on-waiting-period-advertising/article_101491f8-b9e4-11ed-be3d-3787c5c260a2.html?fbclid=IwAR374XxBuoatrwFJo3uQaCvLZyU9M_D9a5iyBlu4VYm9a-h2vmeKAslWfHY

HOUSE APPROVES RETAIL CRIME BILL ON 62-3 VOTE

On March 1, the New Mexico House voted 62-3 to approve House Bill 234 which is an attempt crack down  on retail crime. The law would  make it easier for state prosecutors to charge brazen, big-ticket shoplifters with heftier offenses.  is headed to the Senate. The bill is sponsored by  Representive Marian Matthews, D-Albuquerque.

House legislators largely agreed on the need to take action in response to a major trend of shoplifters hitting a string of stores, sometimes while flashing weapons to deter employees from intervening. Major concerns were raised about the bill’s drafting  with questions asked whether it would be enforced in Albuquerque. Rep. Marian Matthews retooled the bill  before it reached the House floor to address concerns about possible unintended consequences.

HOUSE BILL 234 EXPLAINED

House  Bill 234  will  create a new organized retail crime offense that could be charged in cases involving the theft of at least $2,500 in merchandise from one or more retailers over the course of a year.  It could also be applied to individuals who receive or possess  stolen merchandise, or to those involved in organizing retail theft rings.  The bill would also allow prosecutors to combine multiple robberies committed within a 90-day period to be combined under a single criminal shoplifting charge, and would also clarify that robbery can involve making threats of violence while fleeing from the scene of a theft. If convicted of organized retail crime, offenders could face up to 9 years in prison. House Minority Whip Greg Nibert, R-Roswell attempted  to amend the bill to include even stiffer penalties for individuals convicted of using a firearm while shoplifting, but the attempt was rejected.

During the House floor debate, Matthews said the bill would plug “gaping holes” in the state’s current shoplifting laws and that it will better protect local businesses and state residents. Mathews said this  told the House this:

“By cracking down on organized retail crime rings, we can send a clear message that these dangerous and costly crimes have no place in our state.” she said.

Passage of House Bill 234 was endorsed by Gov. Michelle Lujan Grisham, the New Mexico Chamber of Commerce and top Albuquerque city leaders.

OPPOSITION EMERGES

HOUSE BILL 234  passed on a 62-3 bi partisan  vote with all House Republicans voting in favor.  Three Democrats voted  in opposition and they were Reps. Joanne Ferrary of Las Cruces, Matthew McQueen of Galisteo and Angelica Rubio of Las Cruces. Not at all surprising, HOUSE BILL 234  was also  opposed the Law Offices of the Public Defender and the New Mexico Criminal Defense Lawyers Association.

In addition to the opposition by few, the push to crack down on retail theft will come have a major incarceration costs. An analysis of the bill projected the state could have to pay at least $556,000 per year to cover the increased incarceration costs the bill could trigger by imposing longer prison sentences.

https://www.abqjournal.com/2577720/house-approves-retail-crime-bill-that-could-lead-to-stiffer-sentences-on-62-3-vote.html

GOVERNOR’S MUST HAVE LEGISLATION

Governor  Michelle Lujan Grisham called upon lawmakers in her State of the State address to pass several gun control measures.  Thus far,  Bennie Hargrove  bill to penalize gun owners whose guns get into the hands of children who use them to commit crimes has made it the furthest and has  passed both the House and Senate, although both chambers must to agree on amendments to it before it can go to the governor’s desk. None of the others, including a waiting period bill, an assault weapons ban and magazine capacity limits, has gotten a floor vote yet.

On February 28, Governor Lujan Grisham spoke out  in no uncertain terms about the crime and  gun restriction legislation she wants enacted before the end of the session.  She characterized  the legislation as her “must have” legislative priorities.  Her “must have” legislative priorities include a waiting period for firearm purchases and raising the minimum age to buy certain guns to 21 as New Mexico.

The Governor acknowledged the proposed ban on “assault weapons”, such as AR-15-style rifles, will  likely  be struck down by the legislature in committee without any full Senate or House votes. The assault weapon ban has run into  questions over how to define “assault weapons” and what would be banned.

In addition to House Bill 9, there are other  measures that are still stuck in committee and pending enactment. The legislation includes the following:

House Bill 72 prohibits possession of semiautomatic firearm converter that allows the weapon to fire more rapidly and has not been scheduled for hearings.

House Bill 100  would establish a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm. The bill includes exclusions for sales between law enforcement officers and between immediate family members. House Bill 100 has passed  through two house committees. However, House Bill 100  has been on the House’s floor agenda for a week but has not been brought up for a vote amounting to speculation that there will be a narrow vote margin and it may not pass the  full House chamber to make it over to the Senate.

House Bill 306: Illegal straw purchases is a waiting first House committee hearing.

House Bill 101 as written  would make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.  It would restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms with certain characteristics, such as semiautomatic rifles with detachable magazines, or semiautomatic pistols with a fixed magazine capable of loading more than 10 rounds of ammunition. The bill would prohibit the sale or possession of assault weapons, which are defined as semiautomatic rifles and handguns with certain characteristics. House Bill 101 also states any semi-automatic rifle that has the capacity for a large magazine would be considered prohibited in addition to attachments like grenade launchers and flash suppressors. The legislation does include limited exceptions to the ban including police officers and members of the armed forces. A substitute bill introduced during a committee hearing included a clause to allow current assault weapon owners to keep those firearms, provided they register them with the New Mexico State Police. The bill has raised concerns from the New Mexico Attorney General that it could be contested in court due to potential Second Amendment violations. House Bill 101 has  passed  one House committee. Amendments are being considered in a second committee.

House Bill 306 is sponsored by Minority Floor Leader Ryan Lane, a Republican from San Juan County. It seeks to prevent gun straw purchases, a type of firearm purchase where someone buys a firearm for another person who is legally banned from owning firearms, such as a convicted felon.

Senate Bill 44 would make it a misdemeanor to carry a firearm within 100 feet of a polling location on election day or during early voting. On-duty law enforcement officers and security personnel would be exempt.  On February 16, the New Mexico Senate voted on a 28-9 vote to approve Senate Bill 44 after lengthy debate where Republicans lawmakers unsuccessfully attempted to amend the bill to extend exceptions to individuals who have permits to carry a concealed firearm. The amendment failed on 13-23 vote. The bill has advanced through one of two committees in the House.

Senate Bill 116 would establish a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine. The bill would effectively raise the minimum age for buying an AR-15-style rifle from 18 to 21. Senate Bill 116 has  passed one Senate committee. On March 1, Senate Bill 116 stalled in the Senate Judiciary Committee as a result of dueling motions to reject or pass the bill where each failed on 4-4 votes. The tie votes occurred  because of the absence of Sen. Bill O’Neill, D-Albuquerque. The lack of a successful motion leaves the bill in the Senate Judiciary Committee, where it could be scheduled for another hearing, at the prerogative of the Chairman Senator Joseph Cervantes, D-Las Cruces.  Given the shortness of time remaining in the session  and the amount of other legislation pending, another hearing is not likely.

Senate Bill 171 seeks to ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics. Those characteristics include a detachable magazine that attaches outside the pistol grip, a threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip or silencer; or a shroud that is attached to the barrel that allows the shooter to hold the firearm with the second hand without being burned. The legislation also applies to firearms that can be modified to shoot automatically by a single pull of the trigger.  Senate Bill 171 seeks to ban the sale of hollow point ammunition, machine guns and certain other kinds of firearms. It would prohibit the sale of ammunition coated with materials designed to penetrate metal or pierce protective armor, along with ammunition designed to explode or segment on impact. Ammunition coated with materials designed to penetrate metal or pierce protective armor is often referred to as “cop killer” ammunition in that such ammunition is not necessary for hunting or target practice. Lawmakers of both parties questioned the legality of a proposal and Senate Bill 171 was  rejected by a Senate committee.

COMMENTARY AND ANALYSIS

The 60-day session ends March 18. Given the fact that there is a mere 12 days left of the 2023 legislative session, it is becoming painfully obvious that not much of the Governor’s “must have” gun control legislation is going to get enacted and it’s  a damn shame.

Democrats in the 2023 legislative session hold a 45-25 majority in the House and a 27-15 in the Senate. New Mexico Democrats are looking very foolish  not  enacting reasonable and responsible gun control measures as New Mexico Republican legislators continue with their national party’s failure to do anything but cater to the National Rifle Association (NRA) not believing the country has a gun crisis.

What was needed from the get go is a balance between crime and punishment and gun control that in a real sense they go hand in hand to deal with reducing the state’s high violent crime rates.  The message must be loud and clear: “You use a gun during the commission of a crime, or you are negligent with your gun, you go to prison with mandatory enhanced sentences.”

Governor Michelle Lujan Grisham should reach out immediately to Democrat legislative leaders and broach the subject with them about sponsoring and “Omnibus Violent Crime and Gun Control Act” that could be enacted in the remaining days of the 2023 session or calling a Special Session immediately after when the 2023 Legislative session ends.

On March 4 and after 3 hours of contentious debate,  the NM Senate  voted 23-15 to pass  Senate Bill 11  known as the Paid Family Leave and Medical Leave Bill.  The legislation will create and fund a new state program that would make payments to employees who take time off for the birth of a child or to attend to serious medical situations for themselves or family members. Workers who qualify could take up to 12 weeks per year of paid leave.

Senate Bill 11 is sponsored by Albuquerque area Democrat and Senate Pro Tem Mimi Stewart.   It was he Paid Family and Medical Leave Task Force with representation from advocacy groups, business owners and labor unions that met last summer and issued a final report in October. The task force drafted SB 11.

FIERCE OPPOSITION

Senate Bill 11 was fiercely  opposed by business groups and Republican legislators who described it as a tax on both workers and employers alike. The Senate’s 23-15 vote broke down mostly  along party lines with all Republicans voting but with Democratic Sens. George Muñoz of Gallup and Daniel Ivey-Soto of Albuquerque joining with the chamber’s Republicans to vote in opposition.

The Senate floor debate lasted for more than 3 hours.  Republican State Senator William Sharer of Farmington tried to amend the bill and offed two amendments. One amendment would give businesses the option to participate. The second amendment would reduce the amount of paid time off workers could take per year.  The amendments were voted down on largely party-line votes.

Sharer said this during the debate:

“I think we ought to be careful before we take the big hammer and start bashing businesses.”

One amendment was approved during the Senates debate where employees would will  have to provide a timeline for their return to work.

Senate backers of SB11 insisted it will bolster New Mexico’s economy and increase employee morale. Sen. Siah Correa Hemphill, D-Silver City duering debate recalled having to take unpaid time off from her job to care for one of her sons who was dealing with serious health issues. She said this

“This bill is going to give workers more dignity and control over their lives … This really is going to help provide financial security for families across New Mexico.”

Senate Democrats said the bill will help women remain in the workforce  or find new jobs  as data shows only 53.2% of New Mexico women age 16 and older held jobs over a recent five-year period. State Sen. Michael Padilla, D-Albuquerque, is a cosponsor of the bill. Senate Majority Whip Michael Padilla  who is a business owner, said he got involved on the bill so he could be a voice for the business community. Padilla said the bill would bring 47,000 workers into the workforce if enacted. Padilla  said this:

“This bill is going to bring workers back into the workforce. … It’ll expand payrolls, a stronger economy, reduce turnover costs, improve morale, employees will take fewer sick days and it will bring mothers back into the workforce. It’s an affordable program.”

ARGUMENTS MADE IN OPPOSTION TO ENACTMENT

Republican Senators  maintained that the bill will  hurt small and medium-sized companies, particularly those operated by local entrepreneurs. State Senator  Mark Moores, R-Albuquerque, said this:

“A medium-sized business like ours, it’s especially difficult. … I don’t know how a small business in New Mexico can do it. Only large corporations can do it with sophisticated H.R. departments. They can transfer resources, move employees. Being able to do this for a small employer is incredibly difficult.”

Last year, the New Mexico legislature enacted a paid sick leave law and some business groups  said the cumulative effect of  both will forcesome small employers to leave the state.  In reponse Senate President Pro Tem Mimi Stewart said about two-thirds of the state’s roughly 44,000 businesses with more than one employee would not have to pay into the leave fund since they have fewer than five workers, though their employees would be required to do so.

The Senate  debate over the paid family leave bill has included disagreement over the program’s potential cost.  Opponents of  Senate Bill 11 cited a Legislative Finance Committee (LFC)  analysis that said the Paid Family and Medical Leave Task Force likely underestimated how many people would file and take paid family leave under the proposed law.  The LFC bill analysis projected the fund could face a $516 million deficit by the 2028 budget year. It’s an amount that could cause the state Workforce Solutions Department to order an increase in the premium amount that businesses and employees would have to pay into the fund.

Supporters of Senate Bill 11  insist the bill has been thoroughly vetted and said it could actually help businesses by providing a level playing field across the state. Supporters dispute the LFC  analysis saying it relies on U.S. Department of Labor surveys about the federal Family and Medical Leave Act which requires employers to provide up to 12 weeks of unpaid leave in certain circumstances  and not on other states’ experiences with paid family leave laws. Senator Mimi Stewart said this:

“We want employees to want to go back to work. … The “[fiscal impact report]  is wrong. … It used an inaccurate study.”

 According to the National Conference of State Legislatures there are currently, 11 states that  provide paid family and medical leave and the programs vary by state.  Senate Reoublican critics of the SB 11   said other states’ experiences with paid family leave laws should not be used to predict how such a law might function in New Mexico. Albquerque area Republican Senator Mark Moores said this:

“It’s like we want California policies, without having California economic opportunities.”

State Sen. Joseph Cervantes, D-Las Cruces, voted for the bill. However, he brought up language in the bill that he said would lead to litigation. He said “the act applies to employers not physically in this state,” and cited employees in his district who might commute to El Paso to work. Stewart responded and clarified and said the bill language is about employees who work in the state for out-of-state employers, such as large corporations based elsewhere.

GOVERNOR’S SUPPORT IN QUESTION

Some New Mexico employers already provide paid family leave, and could decide whether to join the state program, as long as they offer similar benefits. Under a 2019 executive order issued by Gov. Michelle Lujan Grisham paid family leave is already required of some employers and the list of employers  includes the University of New Mexico, Netflix and the state of New Mexico.

Gov. Michelle Lujan Grisham has so far declined to take a definitive stance on the bill.  However, the Governor’s  spokeswoman did say the governor supports policies that ensure workers’ rights while still maintaining a healthy business climate.

Links to news sources are here:

https://www.abqjournal.com/2578744/paid-family-leave-bill-wins-senate-approval-after-lengthy-debate-now-heads-to-house.html

https://nmpoliticalreport.com/2023/03/05/senate-passes-paid-family-and-medical-leave-bill/

HOW IT WILL WORK AND FUNDING REQUESTED

The program would, if enacted, provide up to 12 weeks of paid time off for an employee who has a new child,  is a victim of domestic violence, sexual assault or stalking or has a serious medical illness or to care for a family member with a serious medical illness.

Under the SB11 the Department of Workforce Solutions would administer the program. Employees would pay $5 for every $1,000 of income and employers with 5  or more employees would pay $4 for every $1,000 of income into a fund.  Starting in 2026 the fund  be used to compensate employees who qualify for the paid leave.

Senate Pro Tem Mimi Stewart said she thinks that over time the Department of Workforce Solutions would likely be able to lower the contributions.

The formula to be paid the benefits is 100% of minimum wage plus 67% of wages above minimum wage. Only minimum wage earners would earn their entire pay during the paid leave. The employee requesting time off would have to show documentation to establish the request for the leave and the Secretary of Workforce Solutions can impose fines on anyone who tries to commit fraudulent claims.

Senate Pro Tem Mimi Stewart is asking for $36.5 million in nonrecurring funds from the general fund over the next 2 year to begin the program but the program is expected to pay back the general fund by 2032. Stewart said much of the $36.5 million would go to creating an IT system for the Department of Workforce Solutions to help them administer the program.

Once the program is up and running and is able to pay the general fund back the $36.5 million, Stewart predicts that the Department of Workforce Solutions will be able to lower the $5 per employee and $4 per employer contribution rate.

COMMENTARY AND ANALYSIS

It is very difficult to understand fully Republican opposition and hostility to the Paid Family and Medical Leave bill given that it is state funded the first 2 years with $36.5 million in nonrecurring funds from the general fund over the next 2 years. The program will be state run and not be fully up and running until 2026.

The state is experiencing an enormous $3.6 Billion surplus and there could be no better time enacting such legislation and funding it fully than now.  In addition to this funding, employees will pay $5 for every $1,000 of income and employers with 5  or more employees will  pay $4 for every $1,000 of income into a fund, contributions that could be very easily be eliminated as the state’s revenues continue to increase.

Democrats in the 2023 legislative session hold a 45-25 majority in the House and a 27-15 edge in the Senate and this year’s session is a 60 day session.  The session ends March 18.  With less than 2  weeks left of the 2023 legislative session, Senate and House Democrats need to move as quickly and as aggressively as possible to get a final votes on all of their pending legislation in order to avoid embarrassing Republican filibusters. If not, they will have only themselves to blame.

Within the City of Albuquerque, there exists what are referred to as Metropolitan Redevelopment Areas.  There are 19 known and approved Metropolitan Redevelopment Areas (MRA) and they are as follows:

The North Corridor Redevelopment Area 

Saw Mill Wells Park Redevelopment Area

Downtown 2025 Redevelopment Area

Easdowntown/Hunning Highlands/South Martinez Town Redevelopment Area

Railroad Yards Metropolitan Redevelopment Area

Historic Central Redevelopment Area

The St. Joseph Hospital Redevelopment Area

Barelas Redevelopment Area

Sucamore Redevelopment Area

South Barelas Industrial Park

South Broadway Redevelopment Area

The West Central Redevelopment Area

The Central/Highland/Upper Nob Hill Redevelopment Area

The East Central Redevelopment Area

West Central Redevelopment Area

Near Heights Redevelopment Area

The Soldiers and Sailors Park Redevelopment Area

The Clayton Heights/Lomas Del Cielo Redevelopment Area

East Gateway Redevelopment Area

A map of the city identifying the specific location of the 19 MRAs can be found at this link:

https://www.cabq.gov/mra/redevelopment-areas

ADOPTED REDEVELOPMENT PLAN GUIDLINES

Each redevelopment area has an adopted redevelopment plan that guides the City’s redevelopment strategy. Applicants who want to create a city sanctioned Redevelopment Area must be the current  property owner or an entity with a fully executed option to purchase the property. There is a $2,000 application fee.

In order to create a Metropolitan Redevelopment Area the following criteria will be considered:

1. The property’s current zoning, zoning of surrounding properties and the property’s potential for medium- and/or high-density development;
2. The property’s designation in the 2017 Comprehensive Plan including designation as an area of Change/Consistency, location in a Center/Corridor, location on a Main Street Corridor, or other;
3. The property’s potential for reinvestment given site location
4. Whether the property itself meets the criteria for MRA inclusion OR
5. Whether reinvestment in the property would catalyze investment in the MRA area broadly;
6. How inclusion would further the goals and strategies articulated in the existing MRA plan.

Since the inclusion of the property runs with land and would be in place for future owners and projects, the MRA shall not take into consideration the specifics of the current applicant’s proposed use and project.

THE MENAUL METROPOLITAN REDEVELOPMENT AREA PLAN

There is a  20^th MRA being applied for city approval and developed known as the Menaul Metropolitan Redevelopment Area plan. The Menaul Boulevard corridor is characterized by its important role within the economy of Albuquerque. The area is well located and central to the city with access to both Interstate 40 (I40) and Interstate 25 (I25) and in close proximity to the rail lines and the airport. There are stable and well-established neighborhoods to the north.

Menaul is home to many locally owned small businesses that provide retail, dining options, and other services, as well as larger retail and hospitality chains. Generally, the retail and service business are located along Menaul, with hotels located in proximity to I25 and I40. Generally, light industrial and storage uses are located between Menaul and I40, and between Menaul, Candelaria, I25 and the North Diversion channel.

While this is a very important area for supporting Albuquerque’s economic development, it is also an area that has problems with crime, and vacant or under-utilized buildings. The purpose of this project is to support the redevelopment and ongoing economic development of the Menaul Boulevard area. The area that this report will be focusing on are all of the non-residential properties in the area bounded by I25 (west), Candelaria (north), San Mateo (east), and I40 (south).

https://www.cabq.gov/council/find-your-councilor/district-7/district-7-projects/menaul-boulevard-redevelopment-report

MENAUL METROPOLITAN REDEVELOPMENT AREA PLAN MOVES FOREWARD

On February 16, the Albuquerque Development Commission heard a presentation on the Menaul Metropolitan Redevelopment Area plan where adoption was urged and considered.   Presenters said the Menaul Metropolitan Redevelopment Area plan is a potential lifeline of hope for an area that’s been plagued with crime.  Simply put the plan would revamp the Menaul Corridor area. The Albuquerque Development Commission voted to recommend that the City Council  approve the  Menaul Metropolitan Redevelopment Area plan to revamp the area and now awaits it awaits  approval from City Hall.

The area of focus  run along Menaul between I-25 and the Diversion Channel, extending south to I-40, as well as one block north. It comes after a study into the chronic crime that has prompted longstanding businesses to abandon the area in recent years.  The study recommended upgrades like better lighting, cameras, trail upgrades and a police substation. Last year the council passed a resolution prioritizing funding for those improvements.

Multiple businesses have closed down in the area in the last few years, including the Range Café in 2020.  Crime is stretched out through the area, but other things have warranted concern from some business owners, like the homeless population. Tyler Fabian, owner of Urban 360 Pizza said told the commission this:

“I’m pretty sure that turns away business, especially since we have a patio out here, people like to sit outside and not be bothered.”

The city is hoping to change a few main lots of land in the area. The city also wants to work on better communication between business owners who reside there. The development commission is really hammering to fix public safety in the area.

https://www.kob.com/new-mexico/albuquerque-plans-to-revitalize-menaul-corridor/

https://www.krqe.com/news/politics-government/push-to-revitalize-menaul-east-of-i-25-moves-forward/

https://www.krqe.com/news/albuquerque-metro/city-of-albuquerque-rolls-out-plan-to-revitalize-downtown/

“SAFE OUTDOOR SPACE” TO HOUSE VICTIMS OF SEX TRAFFICKING IN TENTS BORDERING ON MENAUL CORRIDOR METROPOLITAN REDEVELOPMENT AREA

 A “Safe Outdoor Space” is a lot, or a portion of a lot, developed to permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, fencing and social services offered. It was Mayor Tim Keller who in his Apri 1 proposed city buget, which was approved by the city council, that initially came up with the “Safe Outdoor Spaces” concept when he included and received city council approval of $950,000 in his 2022-2023 budget for establishment and development of the city sanction tent encampments.

 APPROVED SAFE OUTDOOR SPACES

The city Planning Department has approved 3 Safe Outdoor Spaces and they will be allowed to exist and operate.  Two are designed for people to sleep in cars rather than tents and are located outside existing homeless shelters.  The first is operating outside the city’s Westside Emergency Housing Center.  The second a is due to open in January outside the Albuquerque Opportunity Center shelter at 715 Candeleria NE. The city has partnered with the nonprofit Heading Home to launch the first two.

A third  Safe Outdoor Space is Dawn Legacy Point homeless encampment to be located at 1250 Menaul Blvd, NE.  It is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims” and other vulnerable populations.  It would operate under a 6 month licensing agreement with a possible 6 month renewal.  It was first approved by the Planning Department behind closed doors without giving proper and legally required  notice to surrounding property owners. 

The Dawn Legacy Point  safe outdoor space homeless encampment has generated major opposition and there are 6 appellants.  Opposing it are the   Santa Barbara Martineztown Neighborhood Association, the nonprofit LifeROOTS , the Crowne Plaza hotel, Sunset Memorial Park cemetery, the Greater Albuquerque Hotel & Lodging Association and the company that runs the Ramada Plaza hotel.

In December 22,  the Planning Department once again granted approval for the safe outdoor space at the Menaul  site.   At least 7  entities are fighting Dawn Legacy Pointe’s new approval. They argue that the project will harm an area already grappling with problems, that Dawn Legacy Pointe’s plans, including for security, are all insufficient and that the city is not protecting the community.

The Legacy Point encampment is within walking distance of Menaul School, across the street from the T-Mobile Call Center and a Quality Inn & Suites, it borders Sunset Memorial Park and one block Carrington College and two apartment complexes and immediately East of the Freeway is the massive TA Travel Truck which is known in law enforcement circles for prostitution and illicit drug activity. Immediate south of the truck stop on University Blvd is the Crown Plaza Hotel. Six appeals have been filed and a hearing officer sent the approval back to the Planning Department and finding that the city had not required the operator to first notify all the necessary property owners nearby.

LifeROOTS, one of the appellants, wrote in its appeal that the city “has no plan whatsoever to address and mitigate the impacts on the surrounding property owners and community at large.”

Menaul School and the Santa Barbara Neighborhood Association have argued that the City Planning Department and the Family Community Services Department gave the Dawn Legacy Point applicant preferential treatment by searching for and  identifying city own property to be used for the Safe Outdoor Space and  with the Family Community Services Department committing funding for the safe outdoor space before it was approved,

Menaul School wrote in its appeal:

“It is clear that the issuing of the permit to Dawn Legacy Pointe has been tainted from the start by the weighing of the (city’s) Department of Family & Community Services’ thumb upon the scales.”

Dawn Legacy Pointe for its part has said its operations plan, including the cite’s security plan, underwent a review as part of its approval process  and all such projects must have fences with lockable gates, background checks for operators and residents and 24/7 staffing. Katie Simon, a spokesperson for Dawn Legacy Pointe, said this:

“Data from other cities demonstrate that Safe Outdoor Spaces do not contribute to an increase of crime. … Safe outdoor spaces are a useful resource for people living on the street and to mitigate unsanctioned encampments.”

Links to news source material are here:

https://www.abqjournal.com/2561731/mayor-kellers-veto-put-safe-outdoor-spaces-on-the-city-council-agenda-again.html

APPEAL HEARD BY CITY LAND USE HEARING OFFICER

On February 27, a daylong hearing on the appeal of the city’s orginal  approval of the Dawn Legacy point Safe Outdoor Spaces to be located at 1250 Menaul Blvd, NE. was held before a Land Use Hearing Officer Steve Chavez.  The appeal has been pending for 6 months.  Although some prep work has been done by the city on the property, the lots are still empty.

The six appellants include the Albuquerque Hotel Lodgers Association, the Ramada Plaza Hotel, Sunset Memorial Park, Life Roots, Menaul School, and the Santa Barbara Martinez Town Neighborhood Association. The groups told the hearing officer that security measures are some of their biggest concerns.

All Seven organization appealing the approval expressed their frustrations against the site  saying the city failed in notifying them of the looming sanctioned encampment.  Attorney John Salazar,  representing the Crowne Plaza Hotel,  told the hearing officer “The problem is that this [aproval of the SOS] was a secret proceeding. We had no opportunity to discuss their application until now”. Attorney Jacques Chouinard added “The application is insufficient under the terms of the Integrated Development Ordinance.  … It fails to adhere to the use specific standards for security plans and services provisions.

The city council passed an amendment passed last November  requesting the sites include security measures through a new ordinance.  Albuquerque’s Planning Department’s Code Compliance Manager  Angelo Metzgar said  the  Menual  SOS cite is exempt and said  “This application was deemed complete before that took effect so therefore it would not need to.”

Kylea Good with Dawn Legacy Pointe told the hearing officer that   security has been contracted to oversee the site 24/7 once operations are up and running.  Good said their focus is to help those in need and she said “That is what nonprofits do. If we can’t serve you I’m going to try and find some but that can…it’s not like we are looking at doing the intakes on site.”

Santa Barbara Martinez Town Neighborhood Association President, Loretta Naranjo-Lopez  told the hearing officer “The continuation of these services that are coming in brings even more homeless to our area”.  Crowne Plaza Hotel Manager, Joani Jones said  “I feel like it’s going to be a magnet for the homeless to come down to that particular area.”

Karl Holme, executive director of the Greater Albuquerque Hotel and Lodging Association  testified on behalf of his association during the hearing, She said this:

“We feel this encampment will only attract more illicit traffic and hasten the decline of midtown.  Just because the SOS application meets all the IDO requirements, it doesn’t mean it’s a good idea for this location.”

Lindsey Gilbert, president and head of Menual School, also testified against the SOS. Menaul School, a faith-based boarding school that’s been part of the neighborhood for decades. Gilbert said this:

“Based on who our community is– children, international students who don’t know America well, who don’t know what’s safe and unsafe, and we’re saying we’re going to mix those two communities together, we can anticipate that this is going to cause problems. … Anything that makes our campus look less safe is bad for our community.”

Elizabeth Holguin, the City’s Deputy Director of Homeless Solutions and Clinical advisor for the city assisted with the cite selection and has spoken in support of the safe outdoor space from the very beginning. Holguin said there are misconceptions about the unhoused population, like they have bad intentions or might be involved in criminal activity. But this space would cater to women who are victims of human or sex trafficking or domestic violence, a population that Holguin says mostly just wants a safe haven.

Holguin  said this during the hearing:

“It’s not the only location, it doesn’t have to be this location, but it’s one that met the zoning code, it’s right next to the highway. … It’s actually away from the neighborhood so I thought it would be a good location. … I think that everybody wants to have a solution but every time we propose one it’s maybe not here, not like this. … So it’s difficult to make real progress and be able to test new ideas.”

The hearing officer will take about a month to review the appeal and give a recommendation to City Council. Councilors will then have the final say whether the Safe Outdoor Space Space use for 1250 Menaul Blvd, NE. will move forward.

The links to quoted news sources are here:

https://www.krqe.com/news/albuquerque-metro/appeals-heard-against-albuquerque-sanctioned-homeless-camp/

https://www.kob.com/new-mexico/second-appeal-hearing-for-approved-safe-outdoor-space-in-ne-albuquerque/

PROTEST AGAINST SOS ORIDINANCE

On Monday, February 27, several groups gathered at One Civic Plaza to protest the  approved Safe Outdoor Space (SOS) ordinance designed to help ease the city’s homeless crisis, but protests continues to fall on deaf ears. Many voiced their frustrations against the Safe Outdoor Spaces amendments to the Itegrated Development Ordinance aimed at providing temporary relief for those in need, including sex trafficking survivors.

Judy Young with Women Taking Back Our Neighborhood said this:

“This is another piecemeal, throw it together, slap it around. This is not a solution. … It’s not going to help the city. It’s not going to help these sex trafficking victims. There is nothing good that can come out of this. … They have violated so many of our rights to protect those that are trafficked, to protect the neighborhood, to protect the integrity of Albuquerque. They have violated this in every way possible. This site is going to be a disaster not just for the neighborhood, but for the victims who have already been trafficked.”

Some argued the safe outdoor space would be no different than Coronado Park, an unsanctioned encampment shut down by mayor Tim Keller in 2022. Santa Barbara Martinez Town Neighborhood president, Loretta Naranjo Lopez said this:

“We’ve already experienced this with Coronado Park. This isn’t the right location. We think … [victims of sex trafficking] should be in a house, in a facility where they’re getting the treatment that they need and they’re indoors getting indoor showers, indoor bathrooms.”

https://www.koat.com/article/space-groups-appeal-space/43110812

MENAUL PROPERTY  BEING LOOKED AT FOR  GARBAGE TRANSFER STATION

In addition to the Dawn Legacy Pointe plan to establish and operate a “safe outdoor space” at 1250 Menaul Blvd, NE  to provide a tent encampment for 50 women who are homeless and who are “sex-trafficking victims”, the city’s Solid Waste Department wants to use 1 of the 2 adjoining city owned parcels  of land for a garbage transfer station.  The transfer station would allow individual city trash trucks to drop off their loads so larger vehicles could then transport the garbage to the landfill. It has been reported that while the city  has looked at other sites for the garbage transfer station, the Menaul property is the only location currently under consideration. Solid Waste spokeswoman Emily Moore said  the city has not taken steps necessary as of yet  to open a transfer station, such as seeking the requisite zone change or the state permit needed for such a facility.

Both KOAT Channel 7 and KRQE News 13 have reported that city bought the 14-acre property on the Northwest corner of the interchange for $6.8 million with the intention of turning it into a solid waste transfer station. There are concerns about the school, businesses, and hotels just across the street as  well as the cemetery next door.

Albuquerque Solid Waste Director Matthew Whelan  had this to say:

“It’s a great location because it’s centralized in the city and it’s near both of the freeways.  … And, by having a centralized location, not only are you going to save time, you’re going to save truck wear and tear, and you’re going to save emissions because now we’re just going to be putting the refuse there, and they’re going to be sending one truck to the landfill.  … Our goal is to make it more appealing looking  …  [This one] … will look like a normal industrial building, you know, it’ll be, like, brown. It’ll have landscaping. … It’ll be,  it won’t be like an open pit where we’re just dumping into.”

The Santa Barbara Martineztown Neighborhood Association and Crown Plaza Hotel,  two of the appellants  of the Dawn Legacy Point Safe Outdoor Space at 1250 Menaul Blvd, NE, are also strongly opposed to the city’s plans for a garbage transfer station at the same location.

Loretta Naranjo Lopez, president of the Santa Barbara Martineztown Neighborhood Association had this to say about the garbage transfer station:

“They’re hiding this from us and they’re not talking to us at all. … And, we’re outraged. I would be asking all these people here, what do you want to see here before they even consider it?  … We’re already dealing with the freeway. We have done a health impact statement study and it says 10 miles out, the impact to our health is bad from the freeway. Anything added to it is just going to be a catastrophe. …  Every 30 seconds, a [city garbage]truck coming down Menaul and people having their funeral services at the Sunset Memorial with all that noise [is a concern]. 

Joani Jones, general manager of the Crown Plaza Hotel, which sits just across Interstate 25 from the property said this:

“We’re the heart of the city. The Midtown area is truly in the heart of the city,” … We don’t need the smell. We don’t need people to see that.”

The nearby Stronghurst Neighborhood Association is also opposed to both the Safe Outdoor Space and the garbage transfer station being located at 1250 Menaul Blvd, NE.   Bill Sabatini is a very well know and highly respected business person in Albuquerque and he is the president of  Stronghurst Neighborhood Association.  He said  local business owners and others opposing the city’s plans have been meeting for months.

Sabatini said he would like to see the city establish the safe outdoor space and as well as the transfer station in another part of town. He said his organization and those he represents believes that a safe outdoor space will bring more unhoused to the area.  He also said a garbage transfer station will be a waste of prime real estate.  Sabatini argued that the site could be a showcase for Albuquerque given its location near several hotels and two interstates.

Bill Sabatini had this to say this about the garbage transfer station:

“It’s a bad idea; it’s a dumb idea. … It’s just totally inappropriate for here. … We know it’s not going to smell,  they have figured out ways to do that,  but the amount of traffic, truck traffic, from the entire east side of the city to that location is ungodly.  … That’s just not a good location.  That’s a terrible location to put something of that nature right in the middle of the city – (it’s) a highly visible location! … It’s a perfect place to make a positive statement about Albuquerque. …  There could be a lot of things that happen here that could be much more beneficial. One idea, for instance, is this would be a great location for either a history museum or some kind of education center.”

Links to the quoted news sources are here:

https://www.koat.com/article/city-wants-to-build-trash-transfer-station-at-the-big-i/41067692

https://www.krqe.com/news/albuquerque-metro/its-a-dumb-idea-martineztown-residents-say-garbage-transfer-station-bad-fit-for-neighborhood/

https://www.abqjournal.com/2561741/city-could-use-menaul-property-for-garbage-transfer-station.html

COMMENTARY AND ANALYSIS

Only in the screwed up “Burque World” of Mayor Tim Keller can it be imagined that  2 adjoining lots of prime commercial property own by the city worth upwards of $7 million would be used for a Safe Outdoor Space  for  a tent encampment for women who are “sex-trafficking victims” and then the city would  construct and run  a “garbage transfer station” next to it.  Now both the Safe Outdoor Space and the Solid Waste Transfer station will literally border on the West of the Menaul Metropolitan Redevelopment Area. The optics are so very representative of the kind of failed  Mayor Tim Keller really is and how messed up he operates and thinks.

First, Mayor Keller advocates for “Safe Outdoor Spaces” and sneaks $950,000 in his general fund budget which the City Council haplessly agrees to and allocates. The general public has legitimate concerns that Safe Outdoor Space homeless tent encampments will become crime-infested nuisances, such was the case with Coronado Park. The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

It’s Keller’s sneaky conduct like this and lack of communication and transparency and ignoring the general public that has resulted in Mayor Tim Keller and his Administration being viewed as very heavy handed and incompetent in dealing with the homeless crisis. In August of last year, the city released the Citizen Perception Survey.  The survey found that 70% of citizens surveyed rate the city poorly for its performance in dealing with the homeless crisis.  This includes 41% who gave city hall the lowest possible rating.  Meanwhile, only 9% gave the city’s homelessness response a favorable review. In other words, 7 times more people rate the city poorly on the issue of the homeless  than offer a positive assessment.

Second, Mayor Keller takes steps asking for 100 amendments to the Integrated Development Ordinance with one amendment allowing 2 Safe Outdoor Spaces in each of the 9 City Council Districts for a total of 18.  The amendments pass on the slimmest 5-4 vote.  When the City Council realizes the mistake they had made as a result of major public outrage and push back, the City Council seeks to reverse course, votes to defund the financing and votes to  remove Safe Outdoor Spaces as a permitted use but votes 5-4 for repeal.  Keller vetoes the repeal and the defunding despite public opposition and outrage claiming he was elected to make the hard decision essentially ignoring the will of the voters and not wanting to admit how very wrong his policy actually is and the damage it will do.

Third, Keller’s own Family and Community Services Department and Planning Department Officials go out of their way to give preferential treatment and financial aid to the applicants for a Safe Outdoor Space for unhoused woman who are “sex-trafficking victims”. Never mind the fact that victims of sex trafficking need stable and permanent housing and services and placing such women in tents to live is very degrading and revictimizes them again.  Safe Outdoor Space city sanctioned homeless encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials and department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.

Fourth, the Safe Outdoor Space tent encampment to house victims of sex trafficking and the solid was transfer station will now be immediately west of the Metropolitan Redevelopment Area.  Both will likely destroy all efforts to revitalize the Menaul corridor and make the city a magnet for the homeless.

With any luck, Tim Keller will move on sometime  mid-second term, something he has twice, first  as a State Senator and then as State Auditor, because the city cannot afford 3 more years of his failed leadership and hapless zoning changes.

On March 1 and March 2  KOB News 4 staff reporter Giuli Frendak reported on how the City of Albuquerque is moving  forward with its plans to transform hotels and motels into housing units for low income housing. The plan is part of Mayor Tim Keller’s Housing First plan to address what he claims is a crisis in low income housing for the poor and near homeless.  Following is the full Channel 4 report:

“The City of Albuquerque is asking local hotels and motels to play a role in one of its creative ideas to bring more housing units online quicker, and at a lower cost. 

The city recently pushed out a request for information from any and all property owners who might be interested in selling. The city would then take the lead in renovating them into housing units.

“We’re just inviting property owners to submit some information to us about their property,” said Lisa Huval, deputy director of Housing in the Family and Community Services Department. “Things like number of rooms, what is the current zoning, are there kitchenettes, what is the condition of the property.”

The city is casting a wide net and won’t rule out any property size or location. 

“I think for some folks maybe that property just isn’t producing the level of income it needs to be producing, maybe they’re interested in getting into a different line of business,” said Huval. “That could really be a range of properties across the city.”

The approach is just one piece of the city’s Housing Forward initiative it launched last fall.

“We know we have a housing crisis and part of solving the housing crisis is urgency,” said Huval. “We have to be able to bring more units online more quickly. This isn’t going to solve all of it, but this will help solve a chunk of it if we can do it well.”

Huval says communities in California, Texas, and Colorado have already used this model, and have proven conversion can be successful. 

If you’re an owner considering selling your property, you can find the city’s request for information here.”

The link to the full news report is here:

https://www.kob.com/new-mexico/albuquerque-moves-forward-with-plan-to-transform-hotels-motels-into-housing-units/

KELLER’S “HOUSING FORWARD ABQ” PLAN

It was on November 10, 2022 that Mayor Tim Keller announced his “Housing Forward ABQ” plan to add 5,000 housing units to the existing housing supply by 2025.  Keller called his plan “transformative” and it includes updates to Albuquerque’s Integrated Development Ordinance (IDO)  to carry it out and motel conversion plan.

MOTEL CONVERSIONS

Mayor Keller’s “Housing Forward ABQ” places great emphasis on “motel conversions”.  A  zoning change already enacted by the city council in early 2022 year eased the process for city-funded motel conversions by allowing microwaves or hot plates to serve as a substitute for the standard requirement that every kitchen have a cooking stove or oven.   “Motel conversions” includes affordable housing where the City’s Family & Community Services Department will  acquire and renovate existing motels to develop low-income affordable housing options. Keller’s plan calls for hotel or motel conversions to house 1,000 people by 2025.

The Keller Administration proclaims that motel conversions are a critical strategy for addressing the city’s housing shortage. The city proclaims motels conversions are a simpler, lower-cost alternative to ground-up construction. It will require city social services to regularly assist residents.  The homeless or the near homeless would be offered the housing likely on a first come first served basis and with rules and regulations they will have to agree to.

The existing layout of the motels makes it cost-prohibitive to renovate them into living units with full sized kitchens.  An Integrated Development Ordinance amendment provides an exemption for affordable housing projects funded by the city, allowing kitchens to be small, without full-sized ovens and refrigerators. It will require city social services to regularly assist residents.  The homeless or the near homeless would be offered the housing.

CITY BUYS “SURE STAY”  HOTEL

One area of the city that has been targeted in particular by the Keller Administration for motel conversions is “Hotel Circle” in the North East Heights. The area is considered  a “high crime”  volume area  because of the thousands of APD calls for service to deal with crime at the motels. Located in the area are not only a number of motels but it is also  the largest shopping area in SE and NE Albuquerque near I-40. The businesses in the area include Target, Office Depot, Best Buy, Home Store, PetCo and the Mattress Store and restaurants such as Sadies, the Owl Café, and Applebee’s and other businesses.

On February 11 it was reported that the City of Albuquerque has executed a purchase agreement for the purchase of the Sure Stay hotel located at 10330 Hotel NE for $5.7 million to convert the 104-room hotel into 100 efficiency units. The $5.7 million purchase price for the 104-unit complex translates into $53,807.69 per unit ($5.7 Million ÷ 104 = $53,807.69 per unit). At a December 6, 2022  meeting on motel conversions, city officials said that the city’s estimated cost is $100,000 per unit to fix up or remodel existing motels.

Therefore, using the city’s own estimated remodeling costs for the Sure Stay Motel, an additional $10 Million will be needed to remodel the motel for low income housing. ($100,000 per unit X 100 efficiency apartments = $10 Million). Therefore, the entire Sure Stay conversion project will have an estimated cost of $15,700,000.  ($5.7 purchase cost + $10 Million remodeling cost = $15,700,000)

The City Department of Family & Community Services purchased the Sure Stay Hotel by using Housing and Urban Development (HUD) funding of $3,059,662.12 in Community Development Block Grant and available funding from the city’s  Public Facilities monies and from Foreclosure Prevention  monies for a total property purchase of $5.7 million.  The Department of Family and Community Services submitted a request to the HUD Albuquerque Field Office for the release of CARES and HOME American Rescue Plan funding to be used to purchase Sure Stay Hotel and the renovation project for the permanent housing with supportive services.

City officials said the purchase should close this spring and said the project’s total cost, including necessary renovations of the Sure Stay hotel will not be known until later this year as the city still must put the work out to bid. The goal is to have the housing open within a year. City officials have said funding is available for at least one additional motel purchase and is asking the New Mexico Legislature for funding.

CITY’S MOTEL CONVERSION PLAN EXPLAINED

It was On December 6, 2022, the City’s Family and Community Services Department and the Planning Department held a public meeting at the Albuquerque Convention Center to discuss the Keller Administration’s motel conversions plans.   In attendance to present the program were Family Community Service Director Carol Pierce,  Deputy  Director Lisa Huval and Planning Department Officials.  Notably absent from the meeting was Mayor Tim Keller with no explanation given. Not a single Albuquerque City Councilor attended the presentation.

The City presented a short “power point” slide to the audience entitled “THE PATH FORWARD”.  The power point said in part that there are “several possible paths all of which the Department of Family and community services is exploring” to deal with the housing shortage.

Those options listed in the power point were:

“The city can acquire motels, contract with a contractor/architect to complete renovations and then identify an entity to own and operate the facility through a Request for Proposal (RFP), which is the city bidding process.

The city can acquire motels and then identify and entity to rehabilitate, own and operate through an RFP process.  The RFP would include funding to rehab the motel.

The city can use an RFP to select one or more entities to acquire, rehab, own and operate a motel.

Currently, [the]  City has funding available to complete at least two motel conversions.”

City officials with the Planning Department and the Family and Community Services Department said that the city’s estimated cost will be  $100,000 per unit to fix up or remodel existing motels. The estimated cost per unit is ostensibly  determined by the total cost of the remodeling and design plans to repurpose and entire structure or motel complex and bring it up to city construction codes (electrical, plumbing, and water and sewers codes)  and complete clean up and remediation preparation of the structure and property.  The total number of units is then divided into the total cost of the remodeling and repurposing of the structure itself.

City officials identified the “qualifying incomes” of the population that would be served by the motel conversions in terms of income levels.  Those qualifying income levels listed were “Supplemental Social Security Income” recipients, “Social Security Disability” recipients, “Warehouse Workers”, “In Home Care” workers and “Tipped Workers”.   The power point noted that the fair market value for an efficiency apartment in Albuquerque is approximately $666 per month.

According to the power point, the monthly cost of $666 is “naturally affordable for single adults who earn $27, 000 a year” which is 50% of the city’s Median Income level.  It was noted that some of the units will be for subsidized or for affordable housing for those making $16,000 a year which is 30% of the city’s Median Income.

COMMENTARY AND ANALYSIS

One big take away from the City’s plans for motel conversions is that they are not intended to be used as “homeless shelters” such as the new Gateway Homeless Shelter on Gibson, but there is no guarantee that will not happen.  The intent is that those who will be housed in them must have some sort of income, either through social security or other government assistance or be gainfully employed, and they must pay rent. The city has yet to publicly identify the screening criteria that will be utilized for occupants and the minimum income levels.

The second and most serious takeaway from the city’s plans for motel conversions is that the city’s estimated cost of $100,000 per unit to fix up or remodel existing motels is likely a huge waste of taxpayer money and financing.  Mayor Keller and the city’s announced goal is to purchase enough motels and add 1,000 units to be made available by 2025.  If the city in fact spends $100,000 per unit to fix up or remodel 1,000 units as it has stated, the estimated cost for the planned 1,000 units  will be $100,000,000 not including purchase price of the motels.

Mayor Tim Keller at one of his telephone “town hall” meetings a few weeks ago  announced that he wanted to purchase all the “derelict motels” on Central and convert them into low-income housing. It was a statement that took many of the public  off guard and a reflection of his sure ignorance.

There are upwards of 150 motels along Central from the West side all the way to the Eastside of Albuquerque to Tijeras Canyon.  Central is in fact historic Route 66.  Many of those motels were constructed decades ago when Central was part of Route 66. Simply put, many times it is cheaper and makes more sense to demolish and rebuild.

Approximately 15 years ago, the city’s Safe City Strike Force took civil code enforcement action against a number of the 150 motels up and down central with many ordered shut down.  The motel owners were ordered to bring their properties into code compliance that usually cost thousands before they were allowed to reopen.

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were beyond repair. Those motels were demolished because it was cheaper and made more sense to tear them down rather than spends hundreds to remodel. The Central motels that the Safe City Strike Force took action against include the Gaslight (demolished), The Zia Motel (demolished), The Royal Inn (demolished), Route 66 (demolished), the Aztec Motel (demolished), the Hacienda, Cibola Court, Super-8 (renovated by owner), the Travel Inn (renovated by owner), Nob Hill Motel (renovated by owner), the Premier Motel (renovated by owner) the De Anza (purchased by City for historical significance), the No Name, the Canyon Road (demolished), Hill Top Lodge, American Inn (demolished), the El Vado (purchased by City for historical significance), the Interstate Inn (demolished).

Simply put, Mayor Keller’s “motel conversion” plan is severely lacking on many levels. There has been a total lack of transparency by the city with the public and it has been very sketchy and short on details as to what motels have been targeted, the projected overall funding for the program, no details as to the private-public partnerships and no identifying those in the real estate and development community and the construction industry the Keller administration is working with.

The city is spending between $60 million and upwards of $100 million a year on affordable and supportive housing.  Over the last two years, Keller  has increased funding to the Family Community Services Department for assistance to the homeless with $35,145,851 million spent in fiscal year 2021 and $59,498,915 million being spent in fiscal 2022  with the city adopting a “housing first” policy. In 2021, the City spent $20.7 million for affordable and supportive housing.  In the 2022-2023 budget, the City spent $42,598,361 total for affordable housing and community contracts with a major emphasis on permanent housing for chronically homeless. It is $24,353,064 more than the  2021-2022 fiscal year.

The biggest unanswered question is does the city have any business whatsoever  going into the “hotel conversion” business and begin operating such facilities in addition to what it is already being spent?  It is not at all likely that the city has a realistic plan in place to achieve its goal of 1,000-units relying on motel conversions.

What is down right troubling is that the City Council has been derelict in its oversight of Mayor Keller when it comes to his motel conversion plans and appears to be 100% on board with it. The Albuquerque City Council is essentially giving  Keller a blank check to run around town with a smile on his face and a grin in his voice to buy all the derelict motels he wants along Central.

On March 18, a mere 17 days away, the 2023 New Mexico legislature comes to a sudden end at 12:00 Noon.  The term used for the abrupt ending of legislature is “sine die” and all pending  legislation not voted on and passed is moot and rendered dead.  Feeling the heat of the end in sight, Governor Michelle Lujan Grisham is now pulling out all stops to get passed gun control legislation.  Lujan Grisham said she is meeting with legislative leaders as she seeks support for firearms and public safety legislation.

On February 28, at a  rally in the capitol rotunda Roundhouse she spoke in no uncertain terms about the  gun restriction legislation she wants enacted before the end of the session.  She characterized  the legislation as her “must have” legislative priorities.  Her “must have” legislative priorities include a waiting period for firearm purchases and raising the minimum age to buy certain guns to 21 as New Mexico.

The Governor  acknowledged the proposed ban on “assault weapons”, such as AR-15-style rifles, will  likely  be struck down by the legislature in committee without any full Senate or House votes. The assault weapon ban has run into  questions over how to define “assault weapons” and what would be banned.

The Governor said this at the rally:

“When it’s hard, it means that you’re on to the precipice of change. … We’re going to get many of these proposals over the finish line.”

HEAVY COMMITTEE SCUTINY

All the gun control legislation has resulted in intense debate. The measures have resulted in supporters and opponents packing committee hearings to testify. It has been the Judiciary Committee in both legislative chambers that have been the key test for passage of the bills.

On the Senate side, the legality of Senate Bill 171 was questioned by both Democrat and Republican lawmakers. Senate Bill 171 seeks to ban the sale of hollow point ammunition, machine guns and certain other kinds of firearms. It was rejected  on a bipartisan vote.

On the House side, House Bill 101 is the legislation to ban the sale or possession of “assault weapons”, defined as semiautomatic rifles and handguns with certain characteristics. HB 101  has been held up in the Judiciary Committee as lawmakers evaluate amendments.

There are  bills that are advancing quickly such as  House Bill 9 that would make it a crime to negligently store a firearm that a minor obtains.  Charges could be brought only if a minor brandished the firearm or used it to injure or kill someone.  HB 9 has passed the full House and one Senate committee.  If it makes it out of the Senate Committee it could be quickly scheduled for a vote by the full senate.

SENATE JUDICIARY COMMITTEE CHAIRMAN JOSEPH CERVANTES

Senator Joseph Cervantes, a Las Cruces Democrat and chairman of the powerful Senate Judiciary Committee, has become one of the most influential Senators during the 2023 legislative session because of the gun control measures introduced,  including proposals to establish a 14-day waiting period for the purchase of firearms, a ban on guns at polling places and a ban on AR-15-style rifles.  Senator Cervantes is also a highly respected New Mexico trial attorney giving his opinion far more credibility than most Senators.

Cervantes has said repeatedly that he isn’t interested in passing bills that will be struck down in court. Cervantes has made it clear that he disagrees with recent U.S. Supreme Court decisions limiting gun laws but  he also acknowledged and understands the legal landscape shaped by those decisions.

Cervantes has repeatedly opposed the “rebuttable presumption” legislation supported by the Governor  where a defendant charged with certain violent felonies would be held in jail pending trial, a measure that  Cervantes has characterized as short cutting constitutional rights of the accused.

On February 27, 2023, the Senate Judiciary Committee voted to  block  Senate Bill 171,  the  proposal to ban the sale of hollow-point ammunition and automatic firearms.  Cervantes joined a mix of Democrat and Republican lawmakers who voted 6-3 to reject the legislation.  Senate committee members raised questions about its legality.  The vote was a bipartisan rejection of the measure.  However, the committee also voted approval of  House Bill 9, the proposal intended to require the storage of firearms away from children.

Cervantes said  he believes the safe storage bill is permissible under recent U.S. Supreme Court decisions.  But proposals to broadly prohibit “assault weapons,” he said, are on much shakier ground.

Cervantes joined fellow Democrats on the Senate Judiciary Committee in supporting House Bill 9, the safe storage legislation, which would make it a crime to store a firearm in a way that negligently disregards the ability of a minor to access the gun. Cervantes said this about HB 9:

“It may be one of the few guns bills we’re seeing that may withstand that (constitutional) scrutiny”.

PENDING LEGISLATION

There are  10  measures that are still pending enactment. The legislation is  as follows:

House Bill 9, unlawful access to firearm by minor. The legislation is  sponsored by Albuquerque area Democrat Representative Pamelya Herndon. It makes it a crime to store a firearm in a way that negligently disregards the ability of a minor to access it. Criminal charges could be brought only if the minor later brandishes or displays the firearm in a threatening way or uses it to kill or injure someone. House Bill 9 would make it a misdemeanor to negligently allow a child access to a firearm, and would make it a felony if that negligence resulted in someone dying or suffering great bodily harm.  On February 9, House Bill 9 passed the House on a 37-32 vote after a three-hour debate and it now being considered by 2 Senate committees

House Bill 50 prohibits magazines with more than 10 rounds and is a waiting first House committee hearing.

House Bill 72 prohibits possession of semiautomatic firearm converter that allows the weapon to fire more rapidly and has not been scheduled for hearings

House Bill 100  would establish a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm. The bill includes exclusions for sales between law enforcement officers and between immediate family members. House Bill 100 has passed  through two house committees. However, House Bill 100  has been on the House’s floor agenda for a week but has not been brought up for a vote amounting to speculation that there will be a narrow vote margin and it may not pass the  full House chamber to make it over to the Senate.

House Bill 306: Illegal straw purchases is a waiting first House committee hearing.

House Bill 101 as written  would make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.  It would restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms with certain characteristics, such as semiautomatic rifles with detachable magazines, or semiautomatic pistols with a fixed magazine capable of loading more than 10 rounds of ammunition. The bill would prohibit the sale or possession of assault weapons, which are defined as semiautomatic rifles and handguns with certain characteristics. House Bill 101 also states any semi-automatic rifle that has the capacity for a large magazine would be considered prohibited in addition to attachments like grenade launchers and flash suppressors. The legislation does include limited exceptions to the ban including police officers and members of the armed forces. A substitute bill introduced during a committee hearing included a clause to allow current assault weapon owners to keep those firearms, provided they register them with the New Mexico State Police. The bill has raised concerns from the New Mexico Attorney General that it could be contested in court due to potential Second Amendment violations. House Bill 101 has  passed  one House committee. Amendments are being considered in a second committee.

House Bill 306 is sponsored by Minority Floor Leader Ryan Lane, a Republican from San Juan County. It seeks to prevent gun straw purchases, a type of firearm purchase where someone buys a firearm for another person who is legally banned from owning firearms, such as a convicted felon.

Senate Bill 44 would make it a misdemeanor to carry a firearm within 100 feet of a polling location on election day or during early voting. On-duty law enforcement officers and security personnel would be exempt.  On February 16, the New Mexico Senate voted on a 28-9 vote to approve Senate Bill 44 after lengthy debate where Republicans lawmakers unsuccessfully attempted to amend the bill to extend exceptions to individuals who have permits to carry a concealed firearm. The amendment failed on 13-23 vote. The bill has advanced through one of two committees in the House.

Senate Bill 116 would establish a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine. The bill would effectively raise the minimum age for buying an AR-15-style rifle from 18 to 21. Senate Bill 116 has  passed one Senate committee. On March 1, Senate Bill 116 stalled in the Senate Judiciary Committee as a result of dueling motions to reject or pass the bill where each failed on 4-4 votes. The tie votes occurred  because of the absence of Sen. Bill O’Neill, D-Albuquerque. The lack of a successful motion leaves the bill in the Senate Judiciary Committee, where it could be scheduled for another hearing, at the prerogative of the Chairman Senator Joseph Cervantes, D-Las Cruces.  Given the shortness of time remaining in the session  and the amount of other legislation pending, another hearing is not likely.

Senate Bill 171 seeks to ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics. Those characteristics include a detachable magazine that attaches outside the pistol grip, a threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip or silencer; or a shroud that is attached to the barrel that allows the shooter to hold the firearm with the second hand without being burned. The legislation also applies to firearms that can be modified to shoot automatically by a single pull of the trigger.  Senate Bill 171 seeks to ban the sale of hollow point ammunition, machine guns and certain other kinds of firearms. It would prohibit the sale of ammunition coated with materials designed to penetrate metal or pierce protective armor, along with ammunition designed to explode or segment on impact. Ammunition coated with materials designed to penetrate metal or pierce protective armor is often referred to as “cop killer” ammunition in that such ammunition is not necessary for hunting or target practice. Lawmakers of both parties questioned the legality of a proposal and Senate Bill 171 was  rejected by a Senate committee.

Links to quoted and relied upon news sources are here:

https://www.abqjournal.com/2573520/senate-endorses-firearms-ban-at-new-mexico-polling-places.html

https://www.abqjournal.com/2577191/as-assault-weapon-ban-faces-opposition-lujan-grisham-calls-for-waiting-period-age-restriction-on-new-mexico-gun-sales.html

https://www.abqjournal.com/2576985/new-mexico-lawmakers-reject-one-gun-bill-support-another-as-proposals-take-shape.html

https://www.abqjournal.com/2577709/tie-vote-blocks-advancement-of-age-restriction-for-gun-purchases-in-new-mexico.html

HIGH CRIME RATES REFLECT NEED FOR GUN CONTROL AND PUNISHMENT

The backdrop to all the gun control  measures being considered by the 2023 New Mexico legislature is New Mexico’s and Albuquerque’s high crime rates.  Every year, the Federal Bureau of Investigation (FBI) compiles data from police agencies across the nation.  The data from 2021, with 2022 data yet to be released, showed New Mexico had the nation’s second highest rate of total crimes against persons.

The FBI numbers show New Mexico’s per-population kidnapping and abduction rate was the highest in the nation. New Mexico’s firearm ownership and fatality rate is among the nation’s highest. In 2016 over 37% of adults in the state lived in a household with a firearm which is 5% higher than the national average according to the think tank Rand Corp.

In 2021 New Mexico law enforcement reported over 28,000 crimes against persons. That includes crimes such as murder, rape, assault, and kidnapping.  Given New Mexico’s population, the state’s crime rate against persons per population is the second highest in the nation. FBI data shows for every 100,000 people in New Mexico, law enforcement reported 2,189 crimes against persons in 2021. The only state with a higher rate was Arkansas, which reported 2,276 crimes per 100,000 people.

New Mexico law enforcement agencies reported nearly 25,500 instances of assault in 2021. That’s 1,872 more than the state reported in 2020. New Mexico law enforcement also reported more homicides in 2021 than the year before. Across New Mexico, police reported 193 homicides to the FBI in 2021. That’s 67 more than in 2020.  Not at all surprising is that the majority of the state’s reported homicides were in Albuquerque.

New Mexico isn’t at the top of the list in all crime categories. While New Mexico law enforcement reported 1,663 instances of sex offenses in 2021, 6  other states had higher rates of sex offenses per population. That includes states like Alaska, Utah, and Montana.

New Mexico law enforcement reported 822 kidnappings and abductions to the FBI in 2021. That puts New Mexico at the top of the list regarding kidnappings and abductions per 100,000 people. Kansas, Colorado, and Utah also rank high on the list of kidnappings and abductions per population.

New Mexico’s firearm fatality rate is among the nation’s highest. According to the New Mexico Department of Health, there were a total of 562 state residents who died in 2021 due to firearm-related injuries.  This figure is up significantly from the 481 firearm-related deaths in 2020. Of the 562 state residents who died in 2021 due to firearms, 319 cases, were classified as suicides and 243 were classified as homicides. In New Mexico, the rate of 14.9 firearm-related deaths per every 100,000 residents in 2010 nearly doubled over the last decade and there were 23 such deaths for every 100,000 residents in 2020.

ALBUQUERQUE AT FOREFRONT OF CRIME WAVE

Albuquerque is at the forefront of New Mexico’s high violent crime rate.  According to legislative data released, the city had about half of the state’s violent crime in 2022 but has just 25% or so of its total population.  The Albuquerque Police Department reported that in November, gun law violations spiked 85% this year alone. The last two years have also been two very violent years for Albuquerque.  The number of homicides in the city have broken all-time records.  In 2021, there were 117 homicides, with 3 declared self-defense reducing homicide number to 114. In 2022, there were 121 homicides, a historical high.  

It has been reported that there have been more APD police officer shootings in 2022 than during any other year before.  In 2022, there were 18 APD Police Officer involved shootings,10 of which were fatal.  In 2021 there were 10, four of which were fatal.

Crime rates in Albuquerque are high across the board. According to the Albuquerque Police’s annual report on crime, there were 46,391 property crimes and 15,765 violent crimes recorded in 2021.  These numbers place Albuquerque among America’s most dangerous cities.

All residents are at increased risk of experiencing aggravated robbery, auto theft, and petty theft.  The chances of becoming a victim of property crime in Albuquerque are 1 in 20, an alarmingly high statistic. Simple assault, aggravated assault, auto theft, and larceny are just some of the most common criminal offenses in Albuquerque. Burglary and sex offense rates In Albuquerque are also higher than the national average.

COMMENTARY AND ANALYSIS

Given the fact that there is a mere 17 days left of the 2023 legislative session, it is becoming painfully obvious that not much of the Governor’s “must have” gun control legislation is going to get enacted and it’s  a damn shame.  Democrats in the 2023 legislative session hold a 45-25 majority in the House and a 27-15 in the Senate. New Mexico Democrats are looking very foolish  not  enacting reasonable and responsible gun control measures as New Mexico Republican legislators continue with their national party’s failure to do anything but cater to the National Rifle Association (NRA) not believing the country has a gun crisis.

What was needed from the get go is a balance between crime and punishment and gun control that in a real sense they go hand in hand to deal with reducing the state’s high violent crime rates.  The message must be loud and clear: “You use a gun during the commission of a crime, or you are negligent with your gun, you go to prison with mandatory enhanced sentences.”

The Governor said this in an interview with the Albquerquerqu Journal after the February 28 rally:

“I’m having conversations with leadership about ‘must have’ bills upstairs [in my office]. …  This is where I start to bring everybody up and tell them what’s important for me to have … because if we don’t have those, you know, then we might have to stay longer or do it again.”

The governor’s comments about staying longer or doing it again should not be dismissed as last-minute political rhetoric and needs to be taken very seriously. It’s a reflection of the leverage she has over the legislature.  Her leverage power includes the power to veto but she can also call  a Special Session immediately after the current session ends  and set the agenda  on gun control.  A special session is the exact strategy employed to enact recreational marijuana legalization.

Governor Michelle Lujan Grisham should reach out immediately to State Senator Joseph Cervantes and Speaker of the House Javier Martinez and broach the subject with them about sponsoring and “Omnibus Violent Crime and Gun Control Act” that could be enacted in the remaining days of the 2023 session or calling a Special Session immediately after when the 2023 Legislative session ends.

The act would include the following gun regulation measures:

• Outlaw possession and sale assault weapon style weapons such as AR-15-style rifles and pistols with magazines of 10 rounds or more making it a third degree felony with a 6 year mandatory sentence.
• Outlaw the sale of “ghost guns” parts.
• Outlaw possession of semiautomatic firearm converters.
• Limit all retail gun purchases of all types of guns per person to one gun per month.
• Institute mandatory extended waiting period to a full month for gun purchases.
• Outlaw the straw purchase of guns for someone who isn’t legally able to make the purchase themselves.
• Outlaw the sale in New Mexico of “bump-fire stocks” and other accessories.
• Allow crime victims to sue gun manufacturers for actual and punitive damages.
• Require the mandatory purchase of “liability insurance” with each gun sold.
• Implement in New Mexico mandatory handgun licensing, permitting, training, and registration requirements.
• Expand gun ownership age limitation to 19 for rifles and shotguns.
• Expand the prohibition of deadly weapons from a school campus to school zones making it a third-degree felony.
• Call for a constitutional amendment to repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a statewide vote and would ensure a healthy debate.

The following crime and sentencing provisions should be included in the “Omnibus Gun Violence And Gun Control Act”:

• Making possession of a handgun by someone who commits a crime an aggravated third-degree felony mandating a 6-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Make it a third-degree felony for failure to secure a firearm mandating a 3-year sentence. Gun owners would have to keep their firearms in a locked container and make them inaccessible to anyone but the owner or authorized users.
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Allow firearm offenses used in a drug crime to be charged separately.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.
• Mandate public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Make organized retail crime a specific offense punishable by felony charges when value of goods stolen exceeds certain threshold.
• Cases of juveniles arrested in possession of a weapon are to be referred the District Attorney for automatic prosecution as an adult for sentencing.
• Make it a 3rd degree felony if a person recklessly stores a firearm and a minor gains access to it to threaten or harms someone.

The Omnibus Violent Crime and Gun Control Act must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department.

Until the New Mexico Legislature gets serious about responsible gun control and crime and punishment, the State will continue to suffer high violent crime rates.

On February 6, the online news outlet New Mexico Sun published a 750 word Pete Dinelli guest opinion column entitled “Enact Omnibus Violent Crime and Gun Control Act”.  It is a longer version of a 550word guest column published by the Albuquerque Journal on January 31.

Headline: Enact Omnibus Violent Crime and Gun Control Act

By Pete Dinelli

Feb 6, 2023

“In an effort at “bipartisanship”, Governor Michelle Lujan Grisham held a high-level news conference with top Democratic and Republican legislators to ask for enactment of a wide range of “solutions” to deal with the state’s violent crime. The Governors efforts at “bipartisanship” is commendable but her approach is piecemeal at best.  It does not even come close to what is actually needed to have an impact on preventing gun violence.

 A far more comprehensive approach is what is needed. Enactment of an “Omnibus Violent Crime and Gun Control Act” is needed to deal with the state’s violent crime.

What is needed is a balance between crime and punishment and gun control. The message must be loud and clear. You use a gun during the commission of a crime, or you are negligent with your gun, you go to prison with mandatory enhanced sentences.  

CRIME AND PUNISHMENT

The following crime and sentencing provisions should be included in the “Omnibus Gun Violence And Gun Control Act”:

• Making possession of a handgun by someone who commits a crime an aggravated third-degree felony mandating a 6-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Make it a third-degree felony for failure to secure a firearm mandating a 3-year sentence. Gun owners would have to keep their firearms in a locked container and make them inaccessible to anyone but the owner or authorized users.
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Allow firearm offenses used in a drug crime to be charged separately.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.
• Mandate public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers. 
• Make organized retail crime a specific offense punishable by felony charges when value of goods stolen exceeds certain threshold.
• Cases of juveniles arrested in possession of a weapon are to be referred the District Attorney for automatic prosecution as an adult for sentencing.
• Make it a 3rd degree felony if a person recklessly stores a firearm and a minor gains access to it to threaten or harms someone. 

 GUN CONTROL MEASURES

The act would include the following gun regulation measures:

• Outlaw possession and sale assault weapon style weapons such as AR-15-style rifles and pistols with magazines of 10 rounds or more making it a third degree felony with a 6 year mandatory sentence.
• Outlaw the sale of “ghost guns” parts.
• Outlaw possession of semiautomatic firearm converters.
• Limit all retail gun purchases of all types of guns per person to one gun per month. 
• Institute mandatory extended waiting period to a full month for gun purchases.
• Outlaw the straw purchase of guns for someone who isn’t legally able to make the purchase themselves.
• Outlaw the sale in New Mexico of “bump-fire stocks” and other accessories.
• Allow crime victims to sue gun manufacturers for actual and punitive damages.
• Require the mandatory purchase of “liability insurance” with each gun sold.
• Implement in New Mexico mandatory handgun licensing, permitting, training, and registration requirements.
• Expand gun ownership age limitation to 19 for rifles and shotguns.
• Expand the prohibition of deadly weapons from a school campus to school zones making it a third-degree felony.
• Call for a constitutional amendment to repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a statewide vote and would ensure a healthy debate. 

 The Omnibus Violent Crime and Gun Control Act must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department.”

Pete Dinelli is a native of Albuquerque. He is a licensed New Mexico attorney with 27 years of municipal and state government service including as an assistant attorney general, assistant district attorney prosecuting violent crimes, city of Albuquerque deputy city attorney and chief public safety officer, Albuquerque city councilor, and several years in private practice. Dinelli publishes a blog covering politics in New Mexico: www.PeteDinelli.com.

https://newmexicosun.com/stories/639331422-enact-omnibus-violent-crime-and-gun-control-act

The link to the Dinelli Albuquerque Journal guest column is here:

https://www.abqjournal.com/2569022/we-need-to-enact-omnibus-crime-and-gun-law-package.html

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POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The New Mexico Sun “mission statement” states in part:

“The New Mexico Sun was established to bring fresh light to issues that matter most to New Mexicans. It will cover the people, events, and wonders of our state. … The New Mexico Sun is non-partisan and fact-based, and we don’t maintain paywalls that lead to uneven information sharing. We don’t publish quotes from anonymous sources that lead to skepticism about our intentions, and we don’t bother our readers with annoying ads about products and services from non-locals that they will never buy. … Many New Mexico media outlets minimize or justify problematic issues based on the individuals involved or the power of their positions. Often reporters fail to ask hard questions, avoid making public officials uncomfortable, and then include only one side of a story. This approach doesn’t provide everything readers need to fully understand what is happening, why it matters, and how it will impact them or their families.”

The home page link to the New Mexico Sun is here:

https://newmexicosun.com/