Judiciary committee advances red-flag amendments, hair-braiding exemption and other bills in long hearing

The New Mexico Legislature Judiciary Committee advanced multiple bills Wednesday in a hybrid hearing, most notably amendments to the state's extreme-risk firearm protection order process that would require quicker relinquishment of firearms in some cases and allow law enforcement to petition courts directly. Committee members also approved a measure to exempt hair braiders from cosmetology licensing, a package of updates to the Nursing Practice Act, and a supported-decision-making bill intended as an alternative to guardianship. Other, shorter measures — including an update to the interstate compact on educational opportunities for military children and judicial retirement changes — also moved forward.

Why it matters: The hearing focused on public-safety and regulatory changes that affect a range of New Mexicans: people at risk of harming themselves or others, small-business hairstylists and locticians, nurses and health-care staffing, and adults seeking alternatives to guardianship. The firearms amendments prompted the most sustained debate, with members, law enforcement and advocates weighing immediate public-safety gains against due-process concerns.

Immediate relinquishment and law-enforcement petitions: Representative Garrett and others sponsored amendments to the court-ordered firearms-relief statute (often described at the hearing as the state's red-flag or extreme-risk firearm protection order law). Under current statute, the law allows temporary orders and permitted a short window (48 hours in some cases) before firearms had to be surrendered; sponsors said the bill would eliminate that 48-hour delay in the typical case so that firearms are removed on service of a court order rather than hours later.

Law enforcement witnesses including Farmington Police Chief (identified in the hearing as Chief Hebbie) and Albuquerque Police Department Sergeant Matt Tinney supported the change and the additional proposal to let law enforcement file petitions in place of family or other reporting parties when appropriate. They told the committee that involving officers as petitioners would reduce situations where family members decline to go to court and would let officers act when they judge there is credible information of imminent risk. Supporters said the change is intended to remove a dangerous window between an order being issued and the respondent's firearms actually being taken into custody.

Opponents and cautious members raised due-process and equity concerns. Several legislators asked whether the statutory threshold "credible information" was sufficiently defined and whether the change would disproportionately affect people who lack funds for legal representation. Law-enforcement witnesses and bill sponsors repeatedly said that the petition process remains civil (not criminal), that judges determine the court-level credibility threshold, and that a temporary (ex parte) order still requires a full hearing within 10 days where the respondent may present evidence and cross-examine the reporting party.

Committee members pressed sponsors on safeguards: whether affidavit and sworn statements would deter false reports; whether mental-health follow-up would be required (witnesses said follow-up is not mandated by the bill but departments generally link people to services); how long court filings take (law-enforcement witnesses estimated hours in many cases, though complex cases can take longer); and the volume of petitions (witnesses said statewide usage so far has been modest). After extended discussion the committee approved a do-pass motion for the red-flag amendments.

Hair-braiding exemption: Representative (sponsor identified as Senator Pope in committee remarks) presented House Bill 281 to remove cosmetology-board licensure for hair braiders and eyebrow threading services. Supporters, including Dayeli Fumukong (spoke on Zoom) and organizations representing Black, Native American and immigrant hairstylists, said current cosmetology training requires roughly 1,600 hours and can cost more than $16,500'$20,000, a barrier for braiders who practice a traditional, chemical-free craft. Witnesses said 36 states have exempted hair braiding and urged New Mexico to do the same; the committee heard data from supporters estimating more than 300 hair braiders in New Mexico and multimillion-dollar annual gross receipts attributed to the trade.

Committee members clarified scope: the exemption removes cosmetology licensure requirements but does not change business licensing or salon rules; braiders can work independently or within a licensed salon by arrangement. Members also questioned the bill's drafting placement of the exemption language (it appeared under the licensure section rather than the exemptions section) and asked staff to tidy wording; the sponsor accepted that cleanup. The committee recorded a due-pass recommendation.

Nursing Practice Act updates: The committee approved a broad update to the Nursing Practice Act intended to modernize terminology, allow the Board of Nursing more flexibility in workforce and licensure data collection, provide a single-state or multistate licensure option and create categories for inactive/reserve/retired nurses for emergency staffing. The bill also added requirements around sedation safety (training prerequisites and availability of airway specialists) and reduced administrative burdens for advanced practice registered nurses by changing formula and drug-approval procedures. Multiple nurse and physician organizations testified in support, and no organized opposition appeared. The committee approved the bill as amended.

Supported decision-making act: The committee discussed House Bill 149 to create a statutory framework for supported decision-making — a voluntary agreement in which a person designates one or more supporters to help with communication, information-gathering and decision processes without removing the individual's ultimate authority. Supporters said the measure offers an alternative to guardianship and conservatorship and aligns with work by a multi-stakeholder WINGS group and the Office of Guardianship. Skeptical members asked how the new agreement would interact with existing statutory power-of-attorney forms, probate and guardianship law, whether banks and third parties would accept nonstandard agreements, and whether the bill's presumption-of-capacity language could create unintended litigation consequences. The sponsor and expert witnesses said the bill draws on models in other states and that the Office of Guardianship would supply a standard form and public education; the committee moved the bill forward as amended.

Other measures: The committee heard short presentations or votes on Senate Bill 146 (technical update to the interstate compact and references to chapters instead of sections), judicial retirement changes (House Bills 182 and 183, described as recruiting tools by adjusting retirement eligibility), and House Bill 101 (amendments permitting certain commissioned law-enforcement officers to be treated similarly to certified officers in polling places). Those measures advanced on do-pass/due-pass motions; sponsors said some items were technical clarifications and had little opposition.

Votes at a glance: The committee recorded majority support for the red-flag amendments (do pass), HB281 (hair-braiding exemption, due pass), HB178 (Nursing Practice Act updates, due pass as amended), HB149 (supported decision-making, do pass as amended), HB101 (polling places language, due pass), and SB146 and judicial retirement bills (do pass/due pass). The committee recorded roll-call votes or unanimous assent for several items during the hearing; where recorded tallies were not noted in the transcript, committee staff will publish the official roll-call reports after the clerk posts them.

What's next: Bills that received a do pass or due pass recommendation will move to the Senate or House calendars for potential floor action and further committee referral as required. Sponsors and staff told the committee they expect additional drafting cleanups on the cosmetology and supported-decision-making measures and that agencies will prepare implementing rules as needed.

Reporting note: This roundup is drawn directly from the committee hearing transcript, testimony and on-the-record motions. Quotations in the hearing were attributed to named speakers sitting in committee or appearing via Zoom; this article attributes only those statements that were identified in the record.

Ending: Committee staff indicated they do not expect to meet again tomorrow but expect meetings on Monday and Wednesday of the coming week; sponsors said some bills may be further amended before floor scheduling.