Medical malpractice reform, lawmaker compensation, and a late night.
(Santa Fe, NM) — With only one full day left in this year’s 30-day legislative session, the Senate convened for its first double floor session. Today’s actions include:
Addressing the Healthcare Provider Shortage by Reforming Medical Malpractice Laws
House Bill 99 passed the Senate by a vote of (40-2). HB 99 makes targeted reforms to the state’s medical malpractice laws with the dual goals of improving the environment for healthcare providers and maintaining protections for patients. The bill addresses concerns that high malpractice insurance premiums and litigation risks are discouraging doctors from practicing in the state. Specifically, HB 99 would establish caps on punitive damages in malpractice cases, raise the legal standard of proof required to pursue them, and require that an initial claim be substantiated before punitive damages can be sought. The bill also allows for higher punitive damage caps for hospitals owned by large corporations while setting lower caps for smaller and independent providers. The legislation is one part of a broader healthcare agenda aimed at lowering costs, expanding access to care, and recruiting and retaining healthcare professionals across New Mexico.
Compensating Lawmakers at the New Mexico Median Income
(Sens. Charley, Nava)
House Joint Resolution 5 passed the Senate today by a vote of (23-19). HJR 5 will put a constitutional amendment on the ballot, asking voters to decide whether to pay legislators a salary. If passed, this would make public service more accessible, allowing our legislature to become more representative of the population it serves. The proposed salary would rise and fall with the median income of New Mexico, which currently sits around $67,800.
Improving the Process for Selecting Leaders of our Higher Education Institutions
(Sen. Steinborn)
House Joint Resolution 1 passed the Senate today by a vote of (34-7) after passing the House unanimously. The Joint Resolution seeks to put a constitutional amendment on the ballot in the next general election regarding the appointment of members to the Board of Regents of four-year public institutions. The NM Constitution currently gives the Governor power to nominate Regents. HJR 1 retains the Governor’s power of nomination, but he or she would be required to choose from a list of non-student candidates compiled and vetted by bipartisan nominating committees. The Governor would also select the student members of the Board from a list provided by the school’s elected student governing body rather than the President of the institution.
Requiring Licensure and Oversight of Massage Therapy Businesses
(Sen. Berghmans)
The NM Senate passed SB 246 by a vote of (22-17). This bill defines massage therapy establishments and requires their licensure and oversight by the Regulation and Licensing Department. New Mexico has an overabundance of unregulated message therapy businesses, some of which are unclean, unsafe, and unqualified. Law enforcement has reported that some of these businesses are fronts for prostitution and trafficking. This bill will allow patrons to identify reputable and safe massage therapy establishments.
Changes to the Teacher Residency Act
HB 30 passed in the Senate by a vote of (39-0) and was sponsored by Representative Debra Sariñana and Senator Mimi Stewart. This bill amends the Teacher Residency Act to provide stipends for students in the program. This will promote success of program participants and help retain new educators in the New Mexico public school system, particularly in high-need areas such as special education and elementary education.
The following bills also passed the House:
SB 40 DRIVER PRIVACY AND SAFETY ACT
(Sens. Wirth, Nava, Berghmans, O’Malley)
Senate Bill 40 allows legitimate law enforcement use of license plate reader technologies while protecting privacy and restricting usage for tracking and prosecuting protected activity. This information is restricted from being used to investigate, enforce, or prosecute immigration violations, First Amendment activities and receipt or provision of services related to reproductive and gender affirming health care. The bill doesn’t ban this technology or prevent legitimate law enforcement use. SB 40 ensures that our state’s values aren’t undermined by surveillance technology.
SB 264 ELECTION RIGHTS & TROOPS AT ELECTIONS
(Sens. Duhigg and Berghmans)
Senate Bill 264 protects New Mexico elections from federal interference. The bill prohibits unauthorized federal troops at polling places, creates criminal penalties for anyone acting “under the color of law,” attempting to alter voter qualifications, or attempting to impose election rules contrary to state law. The bill authorizes civil action recourse for the NM Attorney General, Secretary of State, county clerks, or affected voters to enforce election protections. Senate Bill 264 fortifies New Mexico elections from federal overreach and interference. The bill prohibits unauthorized federal troops at polling places and deems the ordering of such deployment a fourth-degree felony. The bill creates penalties for anyone acting under “the color of law,” attempting to alter voter qualifications, or imposing elections rules contrary to state law. As well as upgrading multiple election-related offenses to fourth-degree felonies, Senate Bill 264 authorizes several parties to pursue legal action against anyone violating election protections.
SB 241 CHILD CARE ASSISTANCE PROGRAM ACT
(Sens. Munoz, Trujillo, Padilla, Gonzales)
Senate Bill 241 fulfills the Governor’s commitment to establish universal childcare for New Mexicans and strengthens the program by imparting well-defined eligibility and participation criteria, financial safeguards, and accountability requirements. SB 241 balances the promise for universal childcare for New Mexico and fiscal sustainability.
SB 21 ADDRESSING HEALTHCARE OPTIONS FOR 65 AND OLDER
(Sens. Campos, Hickey, Stefanics)
SB 21 adds a new section to the Medicaid Supplement Act that includes policyholders 65 and older as “eligible policyholders.” The Medicaid Supplement Act requires issuers of Medigap to offer an open enrollment period to eligible policyholders, which previously did not include those 65 and older. This will increase healthcare pricing and options for older New Mexicans.
SB 29 INCREASING MATH TEACHING REQUIREMENTS (Sen. Soules)
SB 29 strengthens math education by ensuring teachers receive stronger math training, setting clear standards for high-quality instruction, and identifying math challenges early in grades K–3. By supporting teachers and involving families sooner, SB 29 will help more New Mexico students build the math skills they need for long-term academic success and future careers.
SB 64 CREATE OFFICE OF SPECIAL EDUCATION (Sens. Stewart and Nava)
SB 64 passed the House (62-1) and awaits the governor’s signature. The bill creates the Office of Special Education and the position of Deputy Secretary of Special Education within the Public Education Department. This office will give Special Education in New Mexico the attention and standardization it needs to provide a quality education to every student under its purview. The bill maintains services and support for gifted students as well.
SB 143 UPDATE CERTAIN AGRICULTURAL FEES (Passed 61-2)
Additional Business:
- HB 70 – PRC SUPPORT AGENCY (Passed 36-0)
- HB 154 – ADVANCED ENERGY PRODUCT DEFINITION (Passed 36-6)
- SM 31 – PERA WORK GROUP (Passed 42-0)
- SM 17 – SEXUAL ASSAULT EXAM KIT TASK FORCE (Passed 41-0)
The New Mexico Senate will reconvene at 10:30am on Wednesday February 18, 2026.
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