Legislature files lawsuit against Gov. Martinez

The New Mexico Legislature filed a lawsuit against Gov. Susana Martinez Friday morning. The suit accuses Martinez of violating the state constitution when she vetoed the entirety of the budgets for the state Legislature and all higher education in New Mexico. Filed by the Legislative Council’s lawyer Tom Hnasko, the lawsuit calls the line-item veto of legislative funding an “attempt to eviscerate the ability of the other branch [of government] to perform its essential functions.”

In his filing, Hnsako asks the court to invalidate Martinez’s line-item vetoes of both the Legislature and higher education. “They’re suing the Governor because they want to raise taxes, and she’s the only one standing in their way,” Martinez spokesman Michael Lonergan said in a statement. “It’s disappointing because it shows a refusal to compromise as this is nothing but an attempt to bully her by short-circuiting the legislative process before a special session.

Where mayoral candidates got campaign cash and how they spent it

Candidates for the Albuquerque mayoral election filed their campaign finance reports over the weekend. The financial reports shed some light on which privately-financed candidates have raised the most money and from whom they’re getting their contributions. Right now, 16 official candidates are running for the city’s top office, but only four have raised significantly large amounts of money. Brian Colón
Former Democratic Party of New Mexico Chairman and one-time candidate for lieutenant governor Brian Colón leads the pack in fundraising. Most of his $350,000 haul came in large donations from business owners and executives.

Martinez veto of tax package, large parts of budget pave way for special session

The governor signed the Legislature’s state budget plan Friday morning—but with $800 million worth line-item vetoes, making a future special session a reality. The vast majority of the money vetoed by Gov. Susana Martinez came from vetoing all funding for New Mexico colleges and universities. She cited the Senate’s lack of hearings for nominations of regents for “several higher education institutions,” calling it “a clear violation of its constitutional duty.”

In a separate statement, Martinez said she had to take out the “entire higher education budget” to balance the budget, but said this would be fixed in the special session. Related: Banning guns for domestic abusers vetoed, conversion therapy ban signed among Martinez actions

Senate Majority Leader Peter Wirth denounced the veto of the higher education money. “Governor Martinez has chosen to play extreme political games rather than act responsibly,” Wirth said.

DOH and cannabis producer have their day in court

A New Mexico state agency and a medical cannabis company argued in a state district court Monday morning whether the state’s punishment of the company was warranted. Santa Fe District Court Judge David Thompson heard from both the state’s Department of Health (DOH) and a lawyer representing medical cannabis producer New Mexico Top Organics-Ultra Health about whether the company will have to shut down retail operations for five days later this month. The department claims Ultra Health violated the state’s medical cannabis program rules by moving a plant out of their approved growing and retail facilities and into the public. The pending sanction is a result of a cannabis plant Ultra Health used in an exhibit at the New Mexico State Fair last September. The plant Ultra Health brought to the State Fair was non-flowering, meaning it was not mature enough to be used for consumption..

Martinez, lawmakers end session in bitter standoff over budget

A legislative session that began 60 days ago with calls for bipartisanship to balance the state’s quavering budget ended Saturday with bitterness, acrimony and a promise by Gov. Susana Martinez to bring lawmakers back for a special session to craft a new budget without any tax increases. It would be the third year in a row that Martinez has called lawmakers into a special session to address budget shortfalls and other financial issues, illustrating the continuing discord between the Republican governor and Democrats in the Legislature. This session’s disharmony was particularly notable because it included skirmishes between the governor and some lawmakers of her own party. “Many in the Legislature failed to do their jobs this session,” Martinez told reporters shortly after lawmakers adjourned. “They actually squandered 60 days and cowed to special interest groups.

Governor threatens special session over spending plan

New Mexico’s 60-day legislative session doesn’t end until noon Saturday, but Gov. Susana Martinez already is preparing to call a special session because of ongoing budget problems, her staff said Friday night. “A special session could be called as soon as Monday or Tuesday,” said the governor’s spokesman, Chris Sanchez. Note: This post has been updated throughout to reflect news on likely special session. Keith Gardner, Martinez’s chief of staff, said a special session is almost a certainty. “If something doesn’t change dramatically from tonight, yes,” Gardner said at the Capitol on Friday night.

Ethics commission amendment hits roadblock

It seemed for a few hours that the New Mexico Legislature, after years of rejecting the idea, was about to authorize a proposed constitutional amendment to establish a state ethics commission. Then the proposal hit a bump Thursday night. The state Senate had voted 30-9 hours earlier to approve House Joint Resolution 8, sponsored by Rep. Jim Dines, R-Albuquerque. But, when the resolution went back to the House of Representatives for concurrence on an amendment made by a Senate committee, Dines urged members to vote against going along with the Senate’s change. House members complied, and now three-member committees from each chamber will meet to try to reach an agreement.

House passes bill criminalizing false reports on utilities’ water quality

Spurred by a Four Corners-area water company that for months provided phony information to state regulators, the state House of Representatives has unanimously approved a bill making it a crime for owners or operators of public water systems to knowingly give false reports to the Environment Department. House Bill 511, sponsored by House Speaker Brian Egolf, D-Santa Fe, passed on a 66-0 vote Monday night and now goes to the Senate. There was virtually no discussion about the reason for the bill during a brief floor hearing. Complaints last year from customers of the Animas Valley Water Co. eventually prompted the state to order thousands of households to boil their water.

House panel passes bill to remove pre Roe v. Wade law criminalizing abortion

A Democratic-majority House committee voted along party lines Thursday afternoon to remove pre-Roe v. Wade language in state statute that criminalizes abortion practices. The original state law, passed in New Mexico in 1968, makes “criminal abortion” subject to a fourth-degree felony. It defines “criminal abortion” as any action or attempt at an “untimely termination” of a pregnancy that is not “medically justified.” A medically justified abortion, according to state law, is limited to abortions in cases of pregnancy from rape, incest or when the pregnant woman’s life is in danger. The landmark 1972 Roe v. Wade decision, which legalized abortion in most cases across the country, made state laws like this obsolete. Related story: House committee stalls another round of abortion bills

But proponents of the bill to strike the old state statute argue that the state language would go right back into law should the U.S. Supreme Court change Roe v. Wade in the future.

House unanimously approves ethics commission proposal

The New Mexico House of Representatives on Thursday night agreed to give voters a chance to establish a state ethics commission through amending the constitution. The House voted 66-0 to pass House Joint Resolution 8, sponsored by Rep. Jim Dines, R-Albuquerque. But the measure faces a harder time in the Senate, which despite a string of state government scandals in the past decade, has been the traditional burial ground for ethics legislation. Under Dines’ proposal, a seven-member commission would be appointed by the governor and the Legislature to investigate possible ethical violations by legislators, state officers and executive branch officials. The proposed body also would investigate alleged violations of campaign finance laws, laws covering lobbyists and disclosure requirements for state contractors.