Only if logic overtakes ego will Gov. Michelle Lujan Grisham cancel the special legislative session scheduled to begin Thursday.
That means I will don a sport coat and report to the Capitol to witness a show of government at its worst.
Not often do I get to watch the 112 state legislators running up a tab exceeding $50,000 a day while many of them say they’re afraid of making bad decisions on bills unfit for a truncated session.
Lujan Grisham is setting the agenda, which won’t be revealed until Wednesday. Her general theme is public safety, but the legislation isn’t necessarily as simple as a crime story.
“I’m concerned that some of the bills will be so complex with so many tentacles that we won’t be able to address them properly. I just don’t see how we can do anything meaningful in a short timeframe,” said Rep. Liz Thomson, D-Albuquerque.
She’s heard the agenda also might include one of the Legislature’s chestnuts, a bill to increase penalties for felons in possession of guns.
“We’ve had proposals for firearm enhancements four times in the last five years,” Thomson said.
Legislators in 2022 approved a wide-ranging law to fight crime. One section decrees a serious violent felon found to be in possession of a firearm shall be guilty of a third-degree felony. The basic prison term for that crime was set at six years.
Legislators could increase the punishment yet again. But if that’s the sort of bill they want to consider, it should be done in the regular 60-day session that begins in January. Thomson said lengthening prison sentences once again might have consequences for corrections professionals concerned about proper staffing to manage more inmates.
Rep. Patricia Roybal Caballero, D-Albuquerque, said she isn’t sure what to expect in the special session. Legislative leaders of her party already have objected to what they foresee as unworkable proposals from the governor, but Roybal Caballero plans to consider all of Lujan Grisham’s ideas.
“She is the governor, and we have an obligation to hear what is on the call, the agenda,” Roybal Caballero said.
Still, Roybal Caballero has questions about any legislation that would make it easier to place people in involuntary treatment programs. “I do not want to criminalize mental health,” she said.
Thomson has the same worries about rushing through bills that might be punitive and counterproductive. “We first need to shore up our behavioral health system,” she said
Democrats in the Legislature say a network of providers for mental health programs was shattered under Lujan Grisham’s predecessor as governor, Republican Susana Martinez. It remains insubstantial in Lujan Grisham’s sixth year as head of the executive branch. That history of disruption is one reason legislators want to be cautious before passing more laws.
Another question not often mentioned is how attentive lawmakers will be in a session seven weeks after the primary election.
At least 16 of New Mexico’s 42 state senators won’t be in office next year when the regular legislative session begins. Twelve senators did not seek reelection and four others lost their primaries.
With so many politicians in one chamber planning their departures from state government, will their level of interest be high during a session more suited for quick fixes than policy overhauls? A related issue is whether a scramble to pass something to justify the expense of the session will lead to errors.
Special sessions called by the governor can last as long as 30 days. But keeping lawmakers at the Capitol more than a few days is impractical. The expense is prohibitive, and many part-time legislators need to make a living. They won’t stay away from law practices or other businesses for a protracted special session.
In 2011, Martinez’s first year as governor, lawmakers met in special session to redraw the boundaries of political districts following the U.S. census. Martinez larded the agenda with other issues, such as taking away driver’s licenses from undocumented immigrants.
Democrats who controlled both houses of the Legislature ignored all the bills Martinez wanted to be heard. That special session still lasted for 19 days before ending with a colossal failure.
The House of Representatives never approved new boundaries for the state’s three congressional districts, turning the issue into an expensive courtroom fight.
Lujan Grisham’s insistence on this special session won’t be that contentious, but it won’t be productive, either. That’s not just my opinion. It is the belief of legislators in her own party, many of whom do not approve of top-down directives.
If Lujan Grisham persuades dominant Democrats to pass some sort of crime-fighting bill, she has an escape hatch. The governor can declare victory and depart the field, confident that this fall’s campaign trail will be less rocky than summertime lawmaking.
