Governor, lawmakers likely to clash over agenda for special session

Jul. 10—While lawmakers plan to introduce a variety of bills in the special session that starts next week, from banning so-called sanctuary cities to beefing up security at the border with Mexico, Gov. Michelle Lujan Grisham wants to keep the session focused on the bills she is proposing.

The conflicting paths likely will ignite political drama at the Roundhouse during the special session, which will be centered on public safety, particularly in an election year.

"It's political season, which makes everyone crazy, so everyone's going to want to score political points," Sen. Craig Brandt, R-Rio Rancho, said Wednesday.

"You're going to have a lot of pontificating on both floors and in committee and everywhere else because [lawmakers] want to score political points with whatever side they're on, and I'm talking about both sides of the aisle," he said. "The drama queens and kings will all be there. Even the drama princesses and princes will be there."

Michael Coleman, a spokesman for the governor, said Lujan Grisham is willing to consider small tweaks to her proposals but not complete rewrites.

The governor is proposing at least five pieces of legislation for the Legislature to consider during the special session. They include:

* A bill that would expand the definition of "harm to self" and "harm to others," making it easier for the state to commit a person to an institution involuntarily.

* A roadway safety bill that would make it illegal to loiter on the median of a highway with a posted speed limit of 30 mph or more and with a flat median area less than 36 inches wide.

"The governor is open to good ideas about how we can make New Mexico safer, and in that spirit, our team is having conversations with Republican leaders about potentially strengthening the state's [racketeering act] during the special session," Coleman said in a statement. "Gov. Lujan Grisham is also willing to listen to lawmakers who may propose modest changes to bills she has already proposed."

Republican lawmakers have announced their intentions to introduce bills they contend would make a difference in addressing crime in New Mexico.

Proposals include legislation increasing the penalty for selling or distributing fentanyl and a bill to add a first-degree murder charge for distribution of fentanyl resulting in death.

Coleman indicated the governor isn't on board with those proposals, at least not during the special session.

"The governor has contemplated tougher penalties for drug trafficking in the past, but the issue is complex and is more appropriate for consideration during a 60-day session," Coleman said.

Ironically, the governor has been criticized for tackling issues some say are too complicated for a special session that's expected to last only a few days.

Legislative Council Service Director Raúl Burciaga said lawmakers have requested the drafting of "dozens of bills." He said he is prohibited by statute from commenting on the "content or nature" of any bill request.

Spokespeople for Senate and House Democrats said they were unaware of any bills Democrats would be introducing.

"While I know that many House Democrats are working on solutions to improve community safety and access to behavioral health care in our state, I do not yet know if any of those policy proposals will be considered in next week's special session," said Camille Ward, a spokeswoman for the House Democratic caucus. "We will certainly see several such proposals in the upcoming 60-day session."

While the agenda for the special session is up to the governor, bills introduced by lawmakers will be considered by the Legislature if they're deemed "germane" to the special session.

"Once the governor issues a proclamation and the Legislature determines whether [a bill] is germane or not, then the next step for the governor would be to sign or veto it if it crosses her desk," Burciaga said.

Brandt, the Senate Republican whip, said bills his colleagues are bringing forward would have a real impact on public safety in New Mexico. Brandt is spearheading the bill to strengthens the state's racketeering act, known as RICO. The bill broadens the scope of crimes that qualify for RICO prosecution, including expanded sentencing for human trafficking and sexual exploitation of children.

Brandt said he supports the governor pushing ahead with the special session despite a request from a coalition of advocacy organizations, behavioral health providers and others for her to call it off.

"I'm all for doing the special session if we're going to really do something about crime," he said. "But right now, I don't see anything on the governor's proposals that's going to make a hill of beans difference between now and when we're going to go into a regular session in January."

Follow Daniel J. Chacón on Twitter @danieljchacon.