Legislators end special session without veto override attempts

Without much drama or even an attempt to override Gov. Susana Martinez’s vetoes of tax increases, legislators ended a special session where a budget deal became law. The legislators in both chambers came to order around 1 p.m. on Tuesday after recessing ahead of the holiday weekend. The legislators recessed last Thursday rather than adjourn after passing bills related to the budget and taxes. Staying in session while recessed meant Martinez had to make a decision on legislation to three days instead of 20 days. Martinez ultimately signed legislation on Friday reinstating funding for higher education and the state Legislature, both of which she vetoed entirely after the regular Legislative session earlier this year.

Questions remain in hours ahead of special session

Questions on what can be accomplished during a special session linger even as legislators head to Santa Fe today. The main priority for legislators is a budget. Legislators must pass a new budget after Gov. Susana Martinez vetoed the entire budgets of higher education and the Legislature. If a new budget isn’t passed before the start of the next fiscal year, which begins on July 1, New Mexico community colleges and universities will have no money. But Martinez also wants legislators to address a massive tax overhaul and confirm two University of New Mexico regents.

On eve of special session, longest-serving UNM regent resigns

University of New Mexico Regent Jack Fortner resigned after nearly two decades in the position. The Farmington attorney submitted his resignation Tuesday, the day before a special legislative session in which Gov. Susana Martinez wants senators to confirm two new UNM regents. In a short resignation letter on his law firm’s letterhead, Fortner said he was “humbled and proud” to have been part of the UNM legacy. “I am grateful to have had the opportunity to serve my alma mater for nearly twenty years, and to have been able to contribute in various leadership roles to work to make our state’s flagship university an even more nationally recognized center of academics, research, medicine, and athletics,” Fortner wrote. Martinez had nominated  Fortner’s replacement, and another regent to replace Brad Hosmer, but the Senate Rules Committee never held confirmation hearings for either.

Legislature’s attorney withdraws from veto case over ‘perceived conflict of interest’

The Legislative Council’s attorney in the lawsuit against Gov. Susana Martinez is stepping down from the case, just a day after the state Supreme Court agreed to hear oral arguments on the case. The case is challenging Martinez’s line-item vetoes to a state budget passed last month by the state Legislature. Late Monday, Thomas Hnasko filed a motion to withdraw from the case, which lists Martinez and Department of Finance and Administration Secretary Duffy Rodriguez as defendants. Hnasko is recusing himself because of a “perceived conflict of interest” and a request from the Risk Management Division of the state General Services Department. The motion says other attorneys at Hnasko’s firm, Hinkle Shanor LLP, “have been retained by [Risk Management] to defend designated state entities and employees against monetary damage and equitable claims asserted against those entities and employees.”

In a joint statement, Senate President Pro Tem Mary Kay Papen, D-Las Cruces, and House Speaker Brian Egolf, D-Santa Fe, said they believed there was no conflict.

Date set for oral arguments in Legislature’s suit against Guv

The New Mexico Supreme Court scheduled oral arguments in the lawsuit filed by the state Legislature against Gov. Susana Martinez over some line-item vetoes she made to the state budget. The oral arguments will take place May 15 at 9 a.m. Ahead of this, the court ordered the governor’s office to submit a response to the suit by May 5. The Legislature will be allowed to file a reply by May 10. Also, the court asked the New Mexico Council of University Presidents to file a brief as part of the lawsuit by May 5. At issues are two large line-item vetoes Martinez made to the budget, one cutting the entire higher education budget and the other cutting the entire budget of the Legislature.

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.

Legislators to sue Martinez over vetoes

The New Mexico Legislative Council voted to sue Gov. Susana Martinez over some of her controversial budget vetoes and is planning for an extremely rare extraordinary session. “Following the legal briefing given by attorneys to the Legislature, the Legislative Council has made the decision to officially begin the legal process necessary to ensure the state constitution is upheld,” Senate President Pro Tem Mary Kay Papen said in a statement. “As legislators we take our oath to support the constitution and the laws of the state seriously. A strong system of checks and balances is crucial to the success of our democracy.”

It’s unclear how individual members voted. Democrats hold a 9-7 advantage on the panel, which is made up of members of both chambers.

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.

Early childhood education funding proposal fails again

Two Democrats joined with four Republican senators in a committee vote Wednesday to effectively kill a proposed constitutional amendment that would tap into New Mexico’s Land Grant Permanent Fund to help pay for early childhood education

The vote in the Senate Rules Committee to table House Joint Resolution 1 likely puts an end to what has become a perennial effort take an extra 1 percent of interest earnings from the $15 billion endowment to spend on early childhood programs.

If approved by voters, the proposal would have generated about $153 million in the first year for early childhood education, increasing to $163 million by the third year it was in place. The Democrats voting against the resolution were Senate President Pro-tem Mary Kay Papen of Las Cruces and Sen. Clemente Sanchez of Grants. Papen said she supports early childhood funding but won’t support taking more money out of the land grant fund, which already helps fund universities and public schools in the state. Related: House OKs proposal to tap endowment for early ed

The House approved the measure last week by a near party-line vote. “I am profoundly disappointed in our inability as a state to fully embrace the science of early childhood education,” resolution sponsor Antonio “Moe” Maestas, D-Albuquerque, said in a news release after the vote.

Unexplained vetoes rile lawmakers

Gov. Susana Martinez on Wednesday vetoed six bills that cleared the Legislature with overwhelming support, rankling lawmakers who complained that she never explained any of her decisions. Martinez’s own tone was equally sharp when she called a Senate override of one of her vetoes a stunt, even though that challenge to her was initiated by a fellow Republican. But when it came to issuing veto messages, Martinez didn’t give legislators any idea of why she rejected bills ranging from an uncontroversial proposal that would have given local governments a new option to pay for expanding broadband networks to arcane changes in horse-racing regulations. Spokesmen for the governor did not respond Wednesday to repeated requests for comment. Related: Senate votes to override Martinez veto on teacher absences bill

The day before Martinez spiked the six bills, the Senate voted 34-7 across party lines to override her veto of a bill to let teachers use more sick days without being downgraded on their performance evaluation.