GOP senators carry the bills for the NM special session

The New Mexico Senate on July 18, 2024. (Photo by Austin Fisher / Source NM)

It was straight to business Thursday as Senate lawmakers took to the floor and presented the merits and concerns they have with Gov. Michelle Lujan Grisham’s special session agenda.

During the hour-and-a-half debate, it became clear that the rift between Lujan Grisham and top Democratic legislators over the special session remained wide open, even as Republican senators praised the governor and sponsored a slate of bills.

In comparison, the House only introduced one piece of legislation. House Bill 1 funds the special session but also puts money towards assisted outpatient pilot programs and provides grants and loans for wildfire response.

A mere three hours after the opening gavel, and after passing the HB 1 to the Senate, the House adjourned sine die, usually signaling the close of a session.

Legislative rules require that if one chamber remains in session, while the other gavels out, the adjourned body must return every three days as part of procedure. But there’s no requirement for them to do legislative work.

If the House continues not to convene, there would be no means for the Senate’s proposed legislation to become law.

‘I haven’t moved my positions’

Seventeen senators participating in the special session, just under half of the 42-member body, either announced retirement, or chose not to seek reelection.

Most of the bills introduced related to crime, which the governor laid out as the priority in her proclamation. Lujan Grisham’s agenda garnered praise from Sen. Crystal Diamond Brantley (R-Elephant Butte) and Sen. Craig Brandt (R-Rio Rancho).

Sen. Mark Moores (R-Albuquerque), who is not running for reelection and has moved to Las Cruces, said he is proud to sponsor the governor’s bills, saying they’re a step in the right direction to address crime.

“I haven’t moved my positions, but it seems like the governor has moved, and seen and actually is trying to take leadership,” he said.

Sen. Joseph Cervantes (D-Las Cruces) called the lead up to the special session frustrating, saying the governor’s office continued to change the proposed policy ideas.

“These proposals have changed month to month, week to week, hour to hour,” he said. “In the last 24 hours, we’re seeing new proposals that were never presented, never contemplated for this special session.”

Cervantes chairs the Senate Judiciary Committee and is poised to review most of the bills introduced in the special session.

Cervantes said lawmaking needs to be careful, saying some of the proposals already exist on the books or could have unintended consequences the way they are written now.

Sen. Gerald Ortiz y Pino (D-Albuquerque) urged his colleagues to support additional funding for pilot projects in courts across the state to offer treatments instead of jail time.

Ortiz y Pino said the governor’s statements that the legislature is not addressing crime are untrue, and the problems with a lack of mental health and drug abuse treatment won’t be solved with jailing people who can’t access it.

“To say we’re going to mandate treatment without providing any additional services is a guarantee you’re going to have people staying in jail because there is no room for them,” Ortiz y Pino said.

Sen. Katy Duhigg (D-Albuquerque) said she was concerned the median safety bill, also called the panhandling bill, could inadvertently limit free speech, does not address the real causes of pedestrian deaths and could potentially criminalize other activities, such as the annual Easter pilgrimage to Chimayó.

“Cities already have the ability to do this if they want to,” Duhigg said. “We do not need a state law, regulating – potentially limiting the public speech – on medians and roadways.”

Another top priority is addressing the damage from the South Fork and Salt fires in the Ruidoso areas, which is further flooding danger from the monsoon rains.

More than 850 homes were lost, and others remain imperiled by continued flooding, according to state officials.

Sen. William “Bill” Burt (R-Alamogordo) called on his colleagues to support state funding and relief efforts, saying while no official estimates are out, damages could be between $100 million and $150 million.

“I am hoping each and every one of you will consider in your heart to help the people of Lincoln, Ruidoso and Ruidoso Downs to begin the recovery and healing of the devastation,” Burt said.

In all, lawmakers introduced 15 bills and one constitutional amendment.

Of those, six bills were immediately assigned to the Senate Judiciary Committee.

Seven bills were instead sent to the Senate Committee’s Committee to determine if they are germane to the governor’s proclamation, then be heard by other committees.

As of 4:30 p.m. there were no posted agendas for any Senate committees.

Proposed legislation:

Senate Bill 5 – Amending the state’s racketeering laws.

Senate Bill 6 – Making the distribution of fentanyl resulting in death a capital felony

Senate Bill 7 – Requestings the state offer $119 million in zero-interest loans for public infrastructure damage during the South Fork and Salt fires and subsequent flooding

Senate Bill 8 – Appropriating $100 million to build a  barrier at the New Mexico-Mexico border

Senate Bill 9 – Changing the definition of “harm to self” and “harm to others” in the state’s commitment procedures

Senate Bill 10 – Initiation of civil commitment proceedings, changing competency proceedings

Senate Bill 11– Unsafe use of public highways and medians act

Senate Bill 12 – Increasing crimes during an evacuation

Senate Bill 13 – Exempting law enforcement and a buyer with a valid concealed carry license in another state from certain state gun laws.

Senate Bill 14 – Changing the sentencing for the crime of selling fentanyl

Senate Bill 15 – Prohibiting cities and counties from restricting personnel or resources in federal immigration law enforcement

Senate Bill 16 – Appropriation for cellular and radio towers in Doña Ana, Hidalgo and Luna counties.

Senate Bill 17 – Requiring reporting from local police departments to the Department of Public safety on crimes, and ballistic information

Senate Bill 18 – Increasing the prison time to 12 years for the conviction of a felon in possession of a firearm

Senate Bill 19 – Creating a school safety division in the Department of Public Safety.

Finally, Senate Joint Resolution 1, would amend the state’s constitution to make it harder for people to avoid being held in jail before trial. It would remove the requirement that only judges can revoke bail conditions. It would change the language to remove limits on revoking bail.

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