Rep. Rod Montoya

Maddy summaryHJR 17 proposes a constitutional amendment to limit New Mexico governors' emergency powers. It would require any state of emergency declaration issued by the governor to automatically end after 90 days unless the legislature passes a joint resolution extending it with a three-fifths vote in both chambers. The bill also gives the legislature authority to call itself into session to extend, modify, or terminate emergency declarations. This change would directly affect governors' emergency authority and the legislature's role in overseeing prolonged emergencies. The amendment must be approved by voters after legislative passage, as it amends the state constitution.

Maddy summaryHB 293 would remove income limits for New Mexico residents claiming an exemption on Social Security income under state tax law. Currently, the exemption is capped at $75,000 for married individuals filing separately, $150,000 for joint filers, and $100,000 for single filers. The bill eliminates these caps, allowing all Social Security income to be exempt from state income tax regardless of total earnings. This change would directly affect higher-income Social Security recipients (e.g., retirees) who currently face partial taxation on their benefits. The amendment applies to tax years beginning January 1, 2025.

Maddy summaryHB 376 creates a Border Security Division within New Mexico's Department of Public Safety (DPS) to prevent illegal entry of people, contraband, and firearms, enforce immigration laws, operate checkpoints, and establish satellite offices in Santa Teresa and Columbus. It also grants the governor authority to develop interstate agreements with other states for sharing border security intelligence and resources like physical barriers or surveillance systems. Additionally, the bill increases penalties for drug trafficking that causes death, requiring a minimum 12-year prison term for first offenses resulting in death, and raises fines for related violations. These provisions directly affect border communities, DPS operations, and individuals convicted of severe drug trafficking offenses.

Maddy summaryHB 271 defines "health care sharing ministries" as faith-based, nonprofit organizations that coordinate participant contributions for medical expenses, distinguishing them from insurance. The bill requires these ministries to provide written disclaimers stating they are not insurance, that contributions are voluntary, and participants remain personally responsible for medical costs. It also mandates ministries to suggest contribution amounts without guaranteeing payments and to issue monthly statements detailing expenses. This directly affects ministries operating in New Mexico and their participants, clarifying that such organizations cannot be classified as insurers under state law.

Maddy summaryHB 545 creates a 50% income tax credit for New Mexico residents who pay gas or electric bills for their primary home, directly benefiting low-to-moderate income households. The credit allows taxpayers to reduce their state income tax liability by half the amount paid for utility services to their primary residence, with any unused credit refunded. Eligibility requires certification from the Public Regulation Commission, and married couples filing separately can claim only half the credit they would receive on a joint return. The credit applies to taxable years beginning January 1, 2025, and must be claimed within one year of receiving certification.

Maddy summaryHB 388 creates a state-funded program providing financial accounts for low-income students in New Mexico to cover education expenses at private schools or approved services. Eligible students must be New Mexico residents, not yet graduated from high school, and have household income under 200% of the federal poverty level. The state deposits monthly funds into these accounts - equal to the average public school spending per grade - to pay for private school tuition, tutoring, textbooks, assessments, and transportation, but not exceeding actual costs. Unspent funds remain in the account until graduation, withdrawal, or after two years (with possible extensions), after which they revert to the state general fund.

Maddy summaryHB 379 limits punitive damages in medical malpractice cases by requiring patients to prove "deliberate disregard" for safety with "clear and convincing evidence" before punitive damages can be awarded. It caps punitive damages at 30 times New Mexico's median annual household income and specifies these damages must be paid personally by the health care provider - not from insurance or the state medical fund - starting January 1, 2027. The bill directly affects patients filing malpractice claims and health care providers (hospitals, clinics, doctors) by changing how punitive damages are awarded and paid. It does not prevent settlement agreements for medical care but explicitly states punitive damages cannot be imposed where not otherwise authorized by law.

Maddy summaryHB 274 amends New Mexico law to classify trafficking fentanyl as a first-degree felony, mandating a life prison sentence. It directly affects individuals who traffic fentanyl - defined as distributing, selling, or possessing with intent to distribute - by elevating the offense from potentially lower felony classifications. The bill modifies sentencing statutes to explicitly list "first degree felony for trafficking fentanyl" with a mandatory life term, removing judicial discretion for this specific crime. This change applies to all offenses involving fentanyl trafficking, regardless of prior convictions, and excludes drug-free school zones from additional sentencing enhancements.

Maddy summaryHB 380, the "Women's Safety and Protection Act," proposes requiring single-sex spaces in domestic violence shelters, public schools, and juvenile detention facilities to protect privacy and safety. It mandates that these facilities designate separate sleeping quarters and restrooms for males and females, while allowing reasonable accommodations like single-occupancy rooms for individuals who cannot use sex-designated spaces. The bill explicitly prohibits access to opposite-sex spaces when people of that sex are present, with exceptions for emergencies, medical aid, or ADA accommodations. The legislation remains pending after being postponed indefinitely in June 2025.

Maddy summaryHB 371 allows local and county governments in New Mexico to authorize off-highway motor vehicles (OHVs) like ATVs to operate on paved streets and highways within their boundaries, subject to specific safety requirements. It mandates that authorized OHVs must have headlights, taillights, brakes, mirrors, mufflers, valid operator licenses, insurance, eye protection, and helmets for minors under 18. Local authorities may also set separate speed limits and operating restrictions for these vehicles. The bill does not require authorization but provides a framework for communities to permit OHV use on public roads while maintaining safety standards.