Local programing on KRWG Public Media made possible in part by viewers like you.

Thank you.

Welcome to Your Legislators, I'm KC Counts.

The New Mexico State Legislature convened last week in Santa Fe for its 30-day session primarily focused on budget.

Throughout the session, KRWG Public Media will speak with lawmakers about legislation they support, and how the state's budget is taking shape in an ever changing landscape with regard to federal funding.

Last week, we heard from State Senator Jeff Steinborn, who represents district 36, and we've reached out to several area lawmakers, including Representatives Rebecca Dow, Jennifer Jones, Nathan Small, Joanne Ferrary and others, and we'll speak with them as soon as they can make time in their schedules, and we'll bring those interviews to you, here on KRWG-TV.

Today we are joined by District 53 State Representative Sarah Silva, who is joining us fresh out of a committee meeting.

Thank you so much for making the time.

Thank you for having me.

Well, why don't you start by telling us about the committee meeting you just came out of?

Of course, it bears to say that as we're having this conversation, a lot will change by the time our viewers do get a chance to, see this episode, but you can tell us a little bit about what you're working on.

Absolutely.

I just came out of the House Appropriations and Finance Committee, of which I'm a member, and we are diligently working on ensuring that we can provide a sustainable budget for the, universal childcare that the governor has proposed.

And, so, that was going to add an additional $160 million to our state budget.

And we're all really excited to get that off the ground.

And, I want to make sure that it's sustainable over the years so that we can continue to provide that sort of program for our children and families across the state.

So we did that.

We're getting closer, at making that budget happen.

So, I was really excited this morning.

Representative Silva, what will it take, to provide universal child care to all New Mexicans and to make sure that the capacity is there across our communities, many of them so underserved already.

Right.

Well, what it's going to take is some diligent and rigorous budgeting, which I am very, honored to sit in the committee with Chairman Small.

Chairman Small, I think, has been a leader in making sure that our budgeting is, centers families and those that are, you know, our families, our kids, and impacts our daily lives, but also ensuring that that budget is sustainable over year after year.

And so I'm learning that rigorous practice on appropriations.

And I think what we're looking at is, increasing the Early Childhood Education Trust Fund, amount that will be releasing every year.

So right now, the early childhood and education department gets about 500 million from that trust fund annually.

And we're looking at increasing that by about 25 million and then pulling from some other revenue sources, over the years to, to close that gap, and, and get that 160 million.

So it's a lot of planning a lot of meetings and a lot of conversations with stakeholders.

What do you think at this point will be the biggest challenge to meeting that universal child care goal?

I think one of the biggest challenges that we have, heard about in other states, and what we've seen as a trend in New Mexico, is that any time we expand child care in New Mexico, it, it tends to push out the youngest children, so infants and toddlers and push out, folks that are making the least amount of money annually.

And so even though we're expanding it and making universal, it tends to then trend where, older children and families with more, income take advantage of that expansion.

So what we're doing.

(KC) - So, simply.

That's one of the things more kids in the system and people who do have more money, and that was kind of one of the arguments, I think, that folks on the other side of the aisle were making is why offer it to people who can already afford it?

And may not necessarily need the financial help.

What is the advantage?

The advantage there is that it still helps families make ends meet.

So a family of four, at 400% of the poverty level is about $120,000 annually.

Now you look at childcare that can range from 1000 to 3000 dollars a month.

Plus, if, people are paying their health care on their own, that, you know, this year was upwards of $900 to $2000 a month.

And that's just health care and child care.

We're not talking about food or, rent or mortgage.

And so those things compound, month over month.

And so every family is going to benefit, but what I want to make sure is that the policy making we're doing is still impacting those that are most in need and in our youngest children.

And and because the state has already offered, child care for folks 400% above the poverty level.

Have you had the opportunity to talk to anybody in your district who has, you know, been able to take advantage of this?

And what can you say about how, how, it's impacted their lives?

Oh my gosh.

I talk to families almost, you know, every day about, in, places like Chaparral, where parents do have to commute a long way to get to work oftentimes.

And the, the amount of expansion and growth that is already happening, to, to meet that need has been incredible.

And so people are telling me, you know, I'm in a better mood, I can make ends meet.

Like the month, at the end of the month doesn't feel so stressful.

And I've been meeting with childcare providers, and so they're telling me the excitement of hiring more people, being able to pay a living wage in some of these areas.

And so everyone's very excited to meet this challenge.

Right.

Well, let's move on to, some legislation that you're sponsoring.

And that is on the very big, very dicey topic of access to health care and, changing the structures in New Mexico that make it so hard for people to find doctors and that have doctors telling you that it's hard to practice in the state and that they are thinking about leaving.

And so let's lead with medical malpractice.

Yeah.

You know, simple issue.

When I first started running for House District 53 last year, it was one of the first conversations I had with constituents, was around being able to access care, access specialty care, and, and providers.

I have a number of independent health care providers in House District 53 that were telling me how challenging it is to, to run their business, and be able to serve and meet their own mission, with the challenges of medical malpractice.

And, and other challenges at the state, environment can can have for independent practitioners.

So that was one of my first things.

The second thing is I grew up in New Mexico, largely uninsured for, a majority of my life.

And so health care and access to health care is extremely important to me.

And I believe that it is, it is a right that brings dignity to our daily life.

And without that access, it just makes quality of life in New Mexico much harder.

So that's why I'm supporting a number of compacts.

Interstate compacts that will help other health care professionals come to the state and practice with more ease.

And I'm also one of the main sponsors of House Bill 99, which is, a comprehensive medical malpractice reform bill that's being carried by Representative Christine Chandler.

What does it do?

How does it how does it change the landscape for providers while still protecting patients?

Yeah.

What I've heard from, many stakeholders is that the landscape of medical malpractice, both insurance and addressing the cause, like addressing when harm happens, the pendulum has swung really far in one direction, and that it has put a real pressure on especially independent health care practitioners in New Mexico.

And so we've got a lot of different solutions, that are happening.

But HB 99, what it does is it addresses, punitive damages, an has different rates for caps, depending on whether they are, whether the harm or the medical malpractice, claim is coming from a hospital, which can carry more liability, and often we see in some private equity, hospitals, the medical malpractice rate is much higher.

So we have a different rate of punitive damages that can be sought for hospitals versus independent practitioners, which again have a lower rate of medical malpractice harm and, and have just less assets.

And so, they, so independent practitioners can practice less defensively, and more holistically.

So that's one of the biggest things that this bill addresses.

Can you say how it will change things for practitioners.

What what will the difference be for them, in terms of their ability to stay in the state?

And their desire to stay in the state?

Right.

So right now, medical malpractice insurance is in some cases, three times as more costly in New Mexico for practitioners to purchase than in our neighboring states.

And so that risk, and that cost, just eats into their own income, but also becomes a very scary environment to practice health care, when that risk is very high.

And so, what this bill does is it addresses that amount that, people can seek for punitive damages.

And I will say that there are other mechanisms that make that person who is harmed, whole.

So punitive damages isn't the only place where patients can seek, can seek justice, that there are other avenues that are non punitive that can also be awarded.

So that isn't being, isn't being touched at all.

So what we're doing is we're lowering the rate for punitive damages that cap.

And what we're hoping that that does is that that lowers the insurance premiums, because right now there's there's no cap.

And, so, an insurance company is like, well, we don't know what the liability is, and so we're just going to charge, a huge amount for a premium.

There are myriad bills that address various problems in health care access in New Mexico.

The governor has made it clear that, she she will not leave office, without something done on the on this topic, even if it means calling a special session later on.

Can you tell us about, the landscape of bills that are out there and what will we see rise to the top, do you think by the end of this session next month?

I wish I, could tell you.

I wish I had a crystal ball that could, really tell you how this is going to play out.

I'm very confident that the the House and, members of both Democrats and Republicans on the House side are going to pass, something and send it to the Senate.

I think there's a lot of momentum on the House side.

And, and so that's why we started HB 99 in, in, in the House and in House judiciary.

And so I'm confident that that will happen.

Now, what happens on the Senate side, It's going to be a whole other conversation.

And so, I look forward to seeing how the Senate responds.

And and hoping they're also listening to stakeholders, you know, physicians as well as patients, as, as the bill heads over to their side.

Well, let's talk a little bit about interstate compacts.

That is the ability for providers in another state or coming from another state, to give care to New Mexicans.

In what ways will New Mexico benefit by joining more of these interstate compacts?

And, why haven't we done so already?

Yeah, that's a great question.

So, one, there's a couple of ways that New Mexico is going to benefit.

One is that federal funding for rural health care delivery, is tied to being part of a number of these compacts.

And so, we lose federal funding when we are not a part of interstate compacts.

So in joining a number of these will give us, what's called, like more points in the grant applications to seek, as much, funding for rural health care.

And we know that here in New Mexico, we have health care shortages, but in rural areas, it's exacerbated.

So, so we really want to be able to pull down as much federal funds as possible.

So joining the compacts will help us do that.

Another is, in places like House District 53 and Chaparral, East El Paso is literally ten minutes from my House district.

And so when we have, health care professionals in East El Paso that want to practice in a smaller, more rural community, they will have a greater ease.

And so that's why I'm sponsoring, the Social Worker Compact, that can bring more social workers and behavioral health care providers to New Mexico an to places like Chaparral, Anthony, Sunland Park and Santa Teresa that are right on the border, of New Mexico and Texas.

And I'm also sponsoring the EMS, the emergency, Emergency Medical Services Compact, because I know in Chaparral, people have passed away waiting for ambulance, an ambulance to show up and have EMT show up, in time, or they've waited hours.

And so I, I hear stories like that every day.

And so that's why I am really excited to, be sponsoring the EMS compact and hopefully drawing some El Paso, emergency medical technicians to, places like Chaparral.

You know, for as bad as service may have been, in the minds of county representatives, taking out AMR, as a service provider in the area must have left a huge gap, and from what you're saying, that gap, isn't, anywhere close to being filled?

Correct.

You know, EMT is one of I think for me, it feels like one of the easiest things to fill.

And one of the, the ones that we have just allowed to lag.

And it doesn't have to be that way.

And so I'm again, very proud to be sponsoring that with Representative Marian Matthews.

Right.

Well, another issue in the medical care landscape is, gross receipts tax on services.

And so let's talk about how legislation you support addresses that, part of the problem.

Yes.

So, all of these policies have to work together.

Doing one and not the other, makes for a very piecemeal approach to ensuring that we have the health care professionals that New Mexico needs.

I think medical malpractice is the linchpin, for all of these other things.

And so, so, doing a GRT tax exemption, and doing compacts is great, but without medical malpractice reform, it's not going to be enough.

So I just want to say that.

The gross receipts tax exemption, I think is a really great example of how we can further, make business, easier for health care providers.

The, the issue here that I want to make sure we're addressing, because I sit on the tax and Revenue committee also, is making sure that our cities, our municipalities aren't losing that revenue, because if we take money, give people a tax credit, that means that that is less revenue that goes to our municipalities and our communities.

So it that's a balancing act that, that we're looking at.

And so, I've also sponsored the rural health care tax credit, revision that would also provide tax credits for health care providers in rural areas, but also we would add underserved urban areas to, to update that legislation.

And so, I think this is also a really good bill that I'm hoping will get some traction this session.

All right.

Well, let's spend at, at least most of the rest of our time talking about lobbyists, I think, long before you were in the legislature, other lawmakers were talking about disclosure on the part of lobbyists.

And that's something that you got behind in a big way, right away.

A bill that ultimately, if I'm not mistaken, was vetoed by the governor.

So what will be different this time around?

Well this time around, I'm hoping she'll sign it, and, we can get this done this year.

So, as a former community organizer, transparency, and access to public records and knowing what's happening in our government was one of the best tools that I had, to help bring people into government processes.

And so that's really, why I believe wholeheartedly in transparency.

We there was recently a story from, from another, media outlet a couple days ago that talked about lobbyists who lobby for both oil and gas, but then also for, people who have cancer.

And so, how these things are in contradiction to each other, but yet, the, that business still happens here in the roundhouse, should shock all of us.

And so, part of why I reintroduced my lobbyist disclosure bill this year is one that it was vetoed and, statute in our Constitution says if a bill was vetoed in the last session, I can bring it back, or a legislator can bring it back and it can be deemed germane simply because it was vetoed by the governor in the previous session.

And so that's what I'm hoping.

The, House leadership will agree with and rules committee, and, and the governor, so that we can deem this bill germane and continue to move it.

So that the public has a better idea of the people and the things that are influencing the policies that impact our our budgets and our bodies.

Probably a good time to say again that, it will be a few days, from the time we're actually having this conversation to the time that our viewers, get to hear your responses to these questions.

And so a lot of things change very, very quickly.

Especially in the 30-day legislative session in Santa Fe.

Earlier when you mentioned Chaparral, I was thinking about, the gas plant that sits right across the state line.

And, you know, some of the harms that can come along with that.

And then obviously that that leads us to the southern part of Doña Ana County, where Project Jupiter is going in.

And I spoke to, State Senator Jeff Steinborn last week about some legislation that, that he's supporting, that would aim to bring, the, those kinds of companies in compliance with the state's green, energy law, or goals, I should say.

Talk a little bit about your support for Project Jupiter and how you see all of those things coming together to benefit residents of southern Doña Ana County.

Yeah, thanks for that, KC.

So this wasn't a, an easy decision for me.

I know the, the issues and the concerns that our community has around, the, emissions and water use for project Jupiter.

and I also knew that that decision was going to happen.

The, the, the project had the votes at the county commission.

And so with that information, Chairman Small and I went to, the stakeholders, Border Plex Digital, and Stack Infrastructure, and requested additional investments in our community.

And we said, if you're going to come into our community, we need more, we need more investment, and so part of what I advocated for was an additional $50 million so that, Santa Teresa, Sunland Park can get clean drinking water, and we can re, revamp their, water infrastructure.

I'm committed to helping match some of those funds at the state level over the next few years, so that, we don't have communities that are struggling to have clean water come out of their tap.

And so that's one of my priorities.

A few, last week, we had the New Mexico Environment Department in front of appropriations and part of their outcomes is being able to measure and cite corporations when they exceed their, their emissions, and, and what they've committed to.

And so I, ask them and held them accountable around increasing and improving those numbers, simply because we have one of the largest infrastructure, projects, Project Jupiter in the state of New Mexico.

And so, I want to make sure NMED, the Environment Department is fully equipped to hold them accountable, because I believe that we can have, an economy that works for us, but we can also do it in the cleanest way possible.

And so, and then to Senator Steinborns bill, I'm looking forward to, to seeing that on the House side and, and, well, you know, we'll see if it gets deemed germane this session.

but, you know, I'm, I'm a huge supporter of both making sure that we can have solid economic development and do it in the cleanest way possible.

So let's just touch briefly on the governor's state of the state.

What were some of the things that stood out to you about the speech and some of the things that maybe you found surprising?

If anything at all?

Oh, that's a great question.

You know, I, I, I have to come back to medical malpractice.

I, really appreciate how the governor has just come out very clearly, and very boldly, saying that we need medical malpractice reform for, to address our shortage and also address the challenges of our physicians and health care providers are feeling.

I, you know, stand by that 100%.

When I started my, my campaign, and, started as representative, as a Democrat, and as a progressive Democrat, that was a very hard issue for me to come out in support of.

And, and to see the tide turn.

it's just been really incredible.

And, and that's, you know, in no small part due to, to the governor's message.

So that was one of the things that I was really excited to hear about.

And then the other thing is that I think we're all struggling to address, is a juvenile crime, and, and public safety.

And I've had numerous conversations with, with LCPD Chief, Jeremy Story and, and I, I'm looking forward to finding ways that really get at the root cause and believe that if we can address, these young people, in a way that helps get them the help that they need, whether that's mental health, whether that is other supports, through CYFD, or other avenues, I'm all for that.

So how would you suggest folks weigh in if they want to talk about how they feel about any of the legislation we've discussed, what's the best way to go about doing that?

Great question.

So I love when people organize.

And so I think one of the best ways that you can organize yourselves is, you can call the governor's office, tell her to put the lobbyist disclosure act on the call.

And that, could help make the bill germane, and I can move that bill forward.

With medical malpractice or any of our health care issues.

I, I would recommend, you know, call your legislator, your representative, your senator, your senator, and, encourage them to support tell your story, but not just you individually.

Are there 4 or 5 other people that you can get to call an email?

We listen to those, we listen to those phone calls.

We listened to those emails.

And if you're in Santa Fe, find an organization that's coming up to the capitol, and giving testimony.

Come find me.

and I'd love to see constituents that come up to to Santa Fe, so, and if you can't be up in the capitol again, phone calls, emails, make it part of your daily routine while you're drinking your coffee or your tea.

say, who am I going to call?

Who am I going to email today?

District 53 State Representative Sarah Silva, thank you so much for being with us.

Thank you so much for having me.

And thank you for joining us, for Your Legislators.

You can watch episodes of this program, and all our local programing at KRWG dot org where you can sign up for our weekly newsletter, The Friday News Wrap, become a member and support programing like this, or just catch up on news from the region and around the world any time.

And a reminder that you can track bills as they move through the House and Senate in Santa Fe at, nm legis dot gov, under bill tracker.