As a July 18 special legislative session focused on public safety draws close, Democratic leadership on Monday signaled concerns during a news conference about Gov. Michelle Lujan Grisham’s proposals.
Despite the three-month advance announcement, President Pro Tem Sen. Mimi Stewart, D-Albuquerque, said “more thoughtful and rigorous work” needs to happen before legislators enact new laws.
“You’ve heard this can’t wait. We’re here to tell you today that while we agree with the governor on the urgency of these important goals, we cannot in good faith pass legislation that could very well end up having a detrimental impact on the communities we serve,” Stewart said. “It would be irresponsible of us as legislators to ignore this very real fact. There are critical voices that still need to be brought to the table and consulted with, including our behavioral health provider community, law enforcement, the courts and civil rights advocates. Moving forward hastily and without their support would be foolish.”
Gov. Michelle Lujan Grisham announced the pending session in April in part due to mixed results during the regular 30-day session earlier this year.
A bill to require judges to order district attorneys to consider filing for involuntary commitment and which gives judges the ability to detain the defendant for up to seven days to initiate the petition; a bill to broaden the definitions of danger to self and danger to others in the involuntary commitment statute; a bill to up sentencing for felons in possession of firearms; a bill to make loitering on medians less than 36 inches in width where the speed limit is more than 30 miles per hour; and a bill that would require every law enforcement agency in New Mexico to submit monthly reports to the Department of Public Safety on crime incidents and ballistics information are what the governor has identified as priorities.
Just last week, the ACLU of New Mexico; EQNM; Bold Futures NM and the New Mexico Coalition to End Homelessness—along with 37 other organizations and mental health experts—sent the governor a letter expressing concerns about the expected proposals.
Yet what will happen with the session in response to lawmaker and advocate concerns remains largely unknown. Sen. Peter Wirth, D-Santa Fe, tells SFR Democratic leadership and the caucuses do not support what Lujan Grisham has put forward, but lawmakers are “waiting to see” if additional items appear on the official proclamation from the governor, which he hopes to receive Wednesday but cannot guarantee.
“If there are only those five bills on the proclamation, this will be a very quick process,” Wirth says, noting $50,000 a day to run a special session for bills that aren’t ready is “something I think taxpayers don’t want and Republicans have signaled they don’t want.”
Wirth adds even if the bills are not taken up later this week, leaders will continue to work on them leading up to the 60-day regular session next year in hopes to pass them then.
“Special sessions work when the bills are cooked,” Wirth says. “Having an open-ended session is not something we’re willing to do on these five bills.”
Lujan Grisham’s Communications Director Michael Coleman tells SFR the governor is “not going to back off or drop this legislation” despite concerns from lawmakers.
“We’re not changing our plans for the special session, and she wants to go full steam ahead on these bills,” Coleman says, noting Lujan Grisham is open to changes in bill language. “She feels that public safety is too important to wait.”
He adds lawmakers have had “at least eight weeks” to review the contents, discuss and negotiate bills with the governor. He says he believes Lujan Grisham will be “frustrated and disappointed” if nothing happens.
“Ultimately the lawmakers will have to answer to their constituents on why they chose to do nothing on public safety when the governor gave them the opportunity to do so,” Coleman says.
While there are no firm plans to add additional items to the agenda, he says the office is considering legislation to provide up-front money to local governments to begin repairing public infrastructure as a result of the South Fork and Salt fires in Ruidoso, which would be reimbursed by the Federal Emergency Management Agency “down the line.”
Coleman says the office plans to hold a news conference regarding the special session on Wednesday. The public safety special session will mark the fifth special session during Lujan Grisham’s time as governor.