Representative Dana, the bill sponsor, told the House Judiciary Committee that House Bill 428 would remove the New Mexico Corrections Department’s long-standing exemption from the Administrative Procedures Act and the State Rules Act and update the department’s rule-adoption language. She said the bill originally would require a 45-day public comment period and posting of notices in all correctional facilities.

The department’s cabinet secretary, Alicia Tafoya Lucero, testified in opposition as introduced, saying the agency wants statutory language that preserves an exemption for “emergency response and institutional security” in the chapters cited. She said the department was working with the sponsor on specific language and hoped the agency and sponsor could reach agreement.

Union representative Carter Bundy of AFSCME spoke in support and described a negotiated amendment drafted with corrections officers to identify categories of institutional security that should remain confidential; he said the union and members want to balance transparency with safety. A member of the public, Diane McCash, testified in support and called transparent rulemaking “good governance” given the number of staff, inmates and family members affected.

Committee members circulated and then adopted an amendment (committee amendment 231766.1) that shortened the public-comment period from 45 days to 30 days and added a nine-item exclusion list covering “internal security procedures” the committee said would remain confidential. The amendment was moved for consideration, discussed, and adopted by unanimous voice without recorded opposition in committee discussion.

After adoption of the amendment, Representative Romero moved a “do pass” on HB 428 as amended; Representative Topanski seconded. The chair announced the bill as having a do-pass recommendation from the committee.

The committee record shows continuing conversation among members and the Corrections Department about whether additional statutory carve-outs for emergency response and institutional security remain necessary. Secretary Tafoya Lucero said the department continued to prefer language preserving emergency-response and institutional-security exemptions in statutes for chapters 12 and 33 and that work remained ongoing.

The bill as amended now proceeds from the committee with a do-pass recommendation; committee members recorded that further refinement might be needed to resolve the department’s remaining concerns.

Votes at a glance: The committee chair announced a do-pass on House Bill 428 as amended following a roll-call; the committee adopted the sponsor’s amendment, then advanced the amended bill on a do-pass motion.