Committee advances municipal-code modernization, DNA uploads, eviction-sealing, PFAS disclosure, medical-cannabis testing reforms and electronic-harassment bill

The House Judiciary Committee on March 11 advanced six bills addressing municipal law updates, criminal‑justice investigatory tools, tenant eviction records, oil‑and‑gas chemical disclosures and bans, workplace rules for medical cannabis testing, and modernization of telephone/text/social‑media harassment law.

The measures all moved out of committee with committee recommendations (due‑pass or do‑pass on committee substitutes) after sponsor presentations, expert testimony and public comment. The committee recorded formal motions and roll calls that yielded committee recommendations to advance each item to the next step in the legislative process.

Why it matters: the package touches local government operations (mayor vacancies and mutual aid), criminal investigations (DNA indexing of deceased suspects), housing access (sealing eviction filings to reduce barriers to re‑housing), environmental and public‑health oversight (chemical disclosure and a PFAS ban for some well operations), workplace safety and disability accommodation (testing rules for medical cannabis patients in safety‑sensitive jobs), and criminal law modernization to account for digital communications.

Municipal code modernization — HB 298

Sponsor Representative Duncan told the committee HB 298 updates the state’s municipal code for mayor–council cities, including clearer rules for filling vacancies and requiring councils to elect a mayor within 15 days after a vacancy. Rebecca Martinez of the New Mexico Municipal League testified the code has not been substantively modernized since the 1970s and that municipalities supported the changes. Mike Morris, mayor of Clovis and treasurer of the Municipal League, urged lawmakers to support the bill, saying municipalities “often find themselves in procedural dilemmas” under outdated language. The committee adopted a motion for a due‑pass recommendation; the chair announced the committee had approved HB 298.

DNA index entries for deceased suspects — HB 340 (as amended)

Representative Garola presented HB 340, which would permit judges to order DNA profiles entered into the Combined DNA Index System (CODIS) in some cases when suspects died before being charged, and to require automatic CODIS entry for certain individuals who died in custody or were released before a specified date if their DNA had been lawfully collected. The committee considered and adopted a simple drafting amendment (changing “in prison” to “incarcerated”) before adopting the bill as amended. During public comment, a victim’s family member described a decades‑old homicide solved by familial DNA and said identification “leads to closure.” The committee gave HB 340 a due‑pass recommendation as amended.

Sealing eviction court records — HB 253 (judiciary committee substitute)

Representative Romero and experts from UNM’s housing clinic described the committee substitute to HB 253, which would automatically seal eviction court records at filing to limit the front‑end use of filings by tenant‑screening services and then set a process for unsealing in limited circumstances. The substitute clarifies implementation steps (for example, added language that a case may be unsealed “upon written request of the owner” in specified circumstances and replacing some uses of the word “petition” with “motion” to reduce administrative burden for courts). Advocates from Albuquerque Health Care for the Homeless, housing law clinics and faith groups supported the measure, saying sealing incomplete records and resealing some judgments after three years helps housing stability. The New Mexico Association of Realtors opposed the bill, arguing eviction records are a legitimate business tool for landlords. Committee members asked whether records that are sealed will remain discoverable for limited government or research purposes; sponsors said the substitute contains a process for sensitive disclosures to authorized entities and that records are sealed automatically at filing so that tenant‑screening firms do not label names as evictions before a judge has acted. The committee recorded a do‑pass recommendation on the judiciary committee substitute for HB 253.

Disclosure of downhole chemicals and PFAS ban — HB 222 (energy committee substitute, considered in Judiciary)

The sponsor presented HB 222 to require chemical disclosure for downhole operations and to ban intentionally added PFAS in fracking and other downhole activities. The bill would require operators to disclose unique chemical identifiers for fluids used downhole and to notify the Oil Conservation Division (OCD) of changes; the committee substitute removed a requirement to list trade names and focused on chemical identifiers. Supporters — including water‑quality and public‑health groups and several local environmental organizations — urged full chemical disclosure and a ban on intentionally added PFAS to protect surface and groundwater and to inform first responders about what they will encounter. Industry groups (the Independent Petroleum Association of New Mexico, the New Mexico Oil and Gas Association and local chambers of commerce) opposed the bill, arguing existing disclosure (FracFocus and pending OCD rulemaking) and ongoing rulemaking processes are the correct venue and warning of potential operational and legal impacts. The committee adopted a do‑pass recommendation on the House Energy, Environment and Natural Resources committee substitute for HB 222.

Medical‑cannabis testing and safety‑sensitive work — HB 230 (as amended)

Representative Weider presented HB 230 to limit use of metabolite‑only urine testing for medical cannabis in adverse employment actions and to require Departments of Health and Workforce Solutions to recommend contemporary impairment assessments. Miguel Tippman (union representative) and Secretary Sarita Nayer (Workforce Solutions) joined sponsors in describing the proposal as seeking to balance a drug‑free workplace with medical treatment options for employees (including veterans and first responders) who have physician recommendations. The bill and sponsors’ amendment make metabolite‑only positive tests inadmissible as sole evidence of impairment; they direct agencies to develop updated protocols for impairment assessment (for example, drug‑recognition evaluations, blood or oral‑fluid tests and psychomotor performance evaluations) and preserve employers’ obligations where federal law or licensing requires stricter rules (for example, certain CDL or firearms positions). Union, veteran and firefighter witnesses supported the bill as a limited, off‑duty accommodation with safety protections; New Mexico Counties flagged workplace‑safety concerns but sponsors amended the substitute to address liability and testing‑scope questions. The committee recommended HB 230 as amended for passage.

Telephone, text and social‑media crimes — HB 287 (judiciary committee substitute)

Representative Rahim presented a judiciary committee substitute to modernize the state telephone‑harassment statute to cover threatening or harassing communications by phone, text, email or social media without requiring the higher “substantial emotional distress” or pattern elements of general harassment law. Officer Benjamin Burling of the Las Cruces Police Department and the state district attorneys’ association testified they regularly encounter threatening digital communications that the current statute does not reach. Supporters argued the update gives police and prosecutors a direct tool to respond to immediate online threats. The committee voted to advance the judiciary committee substitute for HB 287.

What’s next

Each of the six measures advanced with a committee recommendation and will proceed in the House for further floor or committee consideration consistent with House rules. Several measures passed with committee substitutes; sponsors said they worked with agency and stakeholder input to refine procedural language. Where the committee adopted substitutes, the official text to be considered by the full House will be the committee substitute.

The committee heard multiple hours of public testimony across the bills, including detailed technical testimony on PFAS chemistry and on eviction‑sealing procedures. Sponsors generally highlighted implementation details (time windows to replace a mayor, 15 days; court‑implementation language for eviction‑sealing; 30‑day reporting windows for changes to downhole fluid disclosures; and a three‑year reseal period for certain eviction judgments). Several items — notably the PFAS disclosure and ban — are also subject to separate agency rulemaking and stakeholders said the bills were intended either to codify or complement ongoing administrative processes.

Quotes from the record

• Mike Morris, mayor of Clovis and treasurer of the New Mexico Municipal League: “This bill has been crafted by the municipalities in New Mexico…we respectfully request that you please support HB 298.”

• Nadine (private citizen, victim’s relative): “It took 41 years to identify the murderer…identification leads to closure.” (testimony in support of HB 340.)

• Miguel Tippman (union representative): “Urinalysis does not define impairment.” (testimony on HB 230.)

• Officer Benjamin Burling (Las Cruces Police Department): describing threats by text and social media and the limitations of the current statute; he said many threatening messages fall outside the existing telephone‑harassment language.

Ending

Committee action does not itself change law — each advanced bill must proceed through subsequent legislative steps, and sponsors noted where a committee substitute or agency rulemaking will determine final implementation details. The committee chair closed the hearing after recording roll calls and directing staff to transmit the committee’s recommendations.