Days remaining in session: 10

Death penalty measures lethally injected: Two measures that would have revived capital punishment in New Mexico were effectively killed Tuesday by a House committee.

The House Consumer & Public Affairs Committees voted 3-2 along party lines to table House Bill 371 and House Joint Resolution 7, both sponsored by Rep. Dennis Kintigh, R-Roswell.

The joint resolution would have put the issue on the 2012 general election ballot.

The committee is chaired by Rep. Gail Chasey, D-Albuquerque, who sponsored the 2009 bill that repealed the law allowing legal executions. Chasey is a long-time opponent of the death penalty.

Bringing back the death penalty was an issue that Gov. Susana Martinez campaigned on last year. She included it as a priority in her state-of-the-state address at the beginning of the session.

Lonesome Dave gets busted: A bronze bust of Former Gov. David F. Cargo would be placed in the state Capitol under a measure passed by the Senate on Tuesday.

Senate Joint Memorial 10, sponsored by Senate Majority Leader Michael Sanchez, praised Cargo, who served two terms between 1967 and 1970. It also called for the bust, created by sculptor Storm Townsend, to be displayed in the governor's office "while reserving the right to group the bust with similar tributes to other governors at a later date."

The memorial praised the former governor's career, including the fact that Cargo, an early champion of the film industry, got bit parts in movies in the late 1960s and early 1970s.

SJM 10 also included some Cargo trivia: "Cargo, the appreciative owner of more than sixty clocks, not counting his pocket and wrist watches, said that he had 'a thing about utilizing time productively.' "

Legislative Council policy requires that the placement of works of art be approved by a two-thirds majority in each chamber. The memorial goes on to the House.

Victim notification: The Senate on Tuesday passed a bill that would pay for a state-of-the art victim-notification system, partly with a new charge on phone calls made by jail and prison inmates.

Senate Bill 96, sponsored by Sen. Rod Adair, R-Roswell, would charge inmates a 35-cent fee for every phone call they make and receive — except for those to or from their attorneys. This would fund the system's operational costs.

Opponents argued that 35 cents was too great a burden on the prisoners. Adair countered by pointing out that inmates spend an average of $27 dollars a week on candy, soft drinks and other snacks. "The cost of this system is minimal," he argued.

The automated system, built with federal dollars, is designed to notify crime victims when their offender is about to be released from jail.

The vote was 25-14. The bill goes on to the House.

A replacement for Schmitt: Gov. Susana Martinez has nominated John Bemis, assistant commissioner of oil and gas at the State Land Office to head the New Mexico Energy, Minerals and Natural Resources Department.

Bemis, an attorney, became an assistant commissioner at the State Land Office under prior Land Commissioner Patrick Lyons in 2004. He retained that position under Land Commissioner Ray Powell, who took office in January.

Bemis is Martinez's second choice for secretary of the department. Her first, geologist and former astronaut Harrison Schmitt, withdrew during the Senate confirmation process over a background-check dispute. Schmitt wanted private investigators to be held responsible if they misused his personal information. Schmitt's nomination was controversial with environmentalists because he believes humans are not a primary cause of climate change.

Bemis previously worked as senior attorney for Burlington Resources out of Farmington and in private practice at Campbell and Black in Santa Fe. He is a U.S. Army veteran and a West Point graduate. He earned his law degree from the University of Notre Dame.

One for the cyclists: Bicyclists would be allowed to treat a stop sign as a yield sign under a bicycle-safety measure passed by the House on Tuesday.

Rep. Miguel Garcia, D-Albuquerque, sponsor of House Bill 259, said, "This bill is about public safety. It codifies what is already existing behavior by experienced bicyclists. A similar law that was enacted in Idaho has reduced the bicyclist injury rate by 15 percent. We are trying to prevent bicyclists from getting rear-ended by motorists when they stop."

Under the proposal, a person riding a bicycle approaching a stop sign should slow down and cautiously make a turn or proceed through the intersection if safety does not require a stop. In the case of a red traffic-control signal, a person on a bicycle should stop before entering the intersection and yield to other traffic.

The bill had bipartisan support. Rep. David Chavez, R-Los Lunas, who told House members he's an experienced bicyclist, said, "This is a well-intended, practical law. When we slow down and stop for traffic, it makes it more dangerous."

The bill passed the House with a vote of 37-27. It goes on to the Senate.

Looking ahead: Thursday is both March of Dimes Day and Home School Day at the Legislature.

Quote of the day: "Have them eat one less doughnut." — Sen. Rod Adair, R-Chavez, arguing that a charge of 35 cents per phone call for jail and prison inmates would not be burdensome. Adair's SB 96 would impose such the charge to pay for the operating costs of a system to warn crime victims when their offenders are released.

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