On July 18, commencing at noon, the New Mexico Legislature convened a Special Session called by Governor Michelle Lujan Grisham to consider Public Safety measures. The governor’s public safety package was comprised of eight bills that addressed criminal competency standards, mental health treatment, crime reporting, pedestrian safety, gun violence, drug overdoses, and wildfire relief. She also added three bills in the final hours before the session including bills to address fentanyl distribution and racketeering.
When it was all said and done and within 5 hours of the special session convening, it came to an abrupt end with none of the Governor’s public safety measures enacted. The only legislation passed by lawmakers was the approval funding outlined in HB 1.
A breakdown of the funding in House Bill 1 is as follows:
- $10 million to the Mescalero Tribe to address damages caused by the South Fork and Salt fires.
- $10 million for wildfire mitigation; watershed restoration, slope stabilization, erosion control around the state.
- $10 million for individuals and businesses applying for or in the claims process to receive public assistance funding from the federal emergency management agency for damages caused by flooding or a fire.,
- $70 million to the State Board of Finance to provide zero-interest reimbursable loans to political subdivisions that have been approved for federal assistance to replace or repair public infrastructure damaged by the Salt and South Fork fires, including damages from flooding.
- $3 million to the Administrative Office of the Courts to fund assisted outpatient treatment programs and competency diversion pilot programs
- $211,900 to pay for the special session.
Senate Majority Leader Peter Wirth , D-Santa Fe said this of the appropriations:
“I would certainly ask the governor not to line-item veto this money and I would go one step further: I would suggest that by signing this diversion money into law, it’s an important first step towards rebuilding the collaborative relationship that needs to exist between the three equal branches of government.”
LEGISLATORS REPOND TO CRITICISM FOR NOT ADDRESSING PUBLIC SAFETY
Leading Democratic legislators had serious questions whether any of the Governor’s proposed bills would actually reduce crime rates. They said the mental health legislation was not crafted with input from mental health advocates and other impacted populations.
Legislative leaders said they were hopeful of mending relations with the Governor, but defended their handling of the special session.
Senate Majority Leader Peter Wirth, D-Santa Fe said this:
“There is no question we were in a spot here. … We certainly look forward to working with Governor Michelle Lujan Grisham. We have done some terrific work together. And I hope we can continue to do that work.”
House Speaker Javier Martinez, D-Albuquerque, was measured and said this:
“Nothing is personal in politics. … [the Legislature has spent hundreds of millions of dollars on ensuring public safety in previous years.] … I mean, this is how it works. We are equal branches of the government.”
Senate President Pro Tem Mimi Stewart acknowledged concerns about the special session’s political fallout. Stewart said this:
“We hope the temperature calms down and we are talking more to each other.”
Rep. Christine Chandler, D-Los Alamos said the session went as expected. Chandler said this:
“It did not seem the best use of anyone’s time to go through the motions when we understood that [the governor’s bills] wouldn’t be able to get through. … It’s unfortunate that [the Governor is] not thinking about a way to collaborate, and I think iterations of calling sessions is not the best way to build sufficient goodwill to come to consensus on bills.”
Chandler said if the governor calls another special session, lawmakers will show up per their constitutional duty.
GOVERNOR MLG LASHES OUT
Immediately after adjournment of the Special Session she had called, Governor Michelle Lujan Grisham issued the following statement:
This legislature just demonstrated that it has no interest in making New Mexico safer. Not one public safety measure was considered. Not one, despite the bills having the backing of police chiefs, public safety unions, mayors, prosecutors, businesses, tribal leaders, crime victims and others who have seen firsthand the erosion of public safety that has deeply damaged the quality of life in our state.
Today I visited a neighborhood that is being ravaged by dangerous activity and everyday petty crime. Families can’t walk in the park, employees are scared to go to work, and businesses are shuttering. For the legislature to ignore these stark realities is nothing less than a dereliction of duty.
The legislature as a body walked away from their most important responsibility: keeping New Mexicans safe. But it is noteworthy that a majority of Republicans would have passed many or all of these bills — they were blocked.
The legislature should be embarrassed at their inability to summon even an ounce of courage to adopt common-sense legislation to make New Mexicans safer. For those of you who go home to the sound of gunshots, who see hypodermic needles in your parks, and the families desperate to get a loved one living on the street the help they deserve, I’m sorry that most of our elected officials didn’t even try.
This was one of the most disappointing days of my career, and the public should be outraged. My promise to you is that I will not stop fighting to protect you and your families.
Links to quoted and relied upon news sources are here:
https://nmindepth.com/2024/enraged-governor-blisters-legislature-for-five-hour-special-session/
COMMENTARY AND ANALYSIS
When the Governor lashes out and says “The legislature should be embarrassed at their inability to summon even an ounce of courage to adopt common-sense legislation to make New Mexicans safer”, it is she that should be embarrassed as she refused to accept any responsibility for what happened. Simply put, the Governor was part of the problem advocating complicated legislation without much analysis.
It was on April 17 that New Mexico Gov. Michelle Lujan Grisham announced she was calling state legislators into a Special Session starting July 18 with a focus on addressing public safety proposals. During the 3 months before the session, the Court, Corrections and Justice Interim Committee, consisting of 36 House and Senate members, conducted a number of extensive day long hearings on the legislation with the Governor’s Office making presentations and stake holders offering research and analysis. At one point the Governor actually withdrew legislation and offered substitute legislation.
Members of the Court, Corrections and Justice Interim Committee made it clear repeatedly that the changes to the mental health commitment laws were way too complicated for a Special Session and there was a need for more time and research on the proposals, but the Governor rejected the arguments made and refused to listen. Some of the presentations made by the Governor’s representatives, including the Governor’s general council, were woefully inadequate reflecting a misunderstanding of civil judicial mental health commitment process and the resources that will be needed for the courts to carry out changes to the mental health commitment process. None of the legislation the Governor advocated for with respect to mental health commitment provided for funding for the courts and mental health facilities. The Governor went so far as to engaged in an aggressive public relations campaign the week before the session that included press conferences with those she solicited to attend, interviews and letters to the editors to convince lawmakers that her proposed legislation was ready for prime time when it was not.
The Governor and her administration must accept responsibility for a failure in leadership to reach a consensus with house and senate leadership on any of the legislation she wanted before she called the special session in the first place. The only thing the Governor accomplished is having a little temper tantrum complete with self righteous rhetoric for all the world to see for not getting her way that was beneath the dignity of her office.
The Governor would be wise to set aside her animosity against the legislature for what happened. She should meet with the legislative leadership personally and immediately to access what can be done to regroup and come up with a consensus on a viable public safety package they are will to sponsor and enact during the 2025 legislative session.