Legislative Democrats split with the governor of their same party as the Senate and House adjourned from the special session after an afternoon of discussion of just one bill, to appropriate funding to victims of recent devastating flood and wildfire.
Gov. Michelle Lujan Grisham called the special session, which started at noon Thursday. During the Senate session, 16 bills were introduced, all sponsored by Senate Republicans, even though the agenda was set by Lujan Grisham.
None of the 16 Senate bills were heard.
The lone bill the legislature approved was House Bill 1, which includes funding for the session itself, fire and flood assistance and court-based behavioral health programs.
The House overwhelmingly approved HB 1 and the Senate did so unanimously.
The bill included $100 million for wildfire and flooding assistance and mitigation including $10 million to the Mescalero Apache Tribe related to the recent fire and subsequent flooding near Ruidoso. It also included $3 million for the Administrative Office of the Courts for assisted outpatient treatment programs and criminal competency pilot programs.
The two issues passed were only a fraction of what Gov. Michelle Lujan Grisham had on her special session agenda.
These agenda items included bills to addresscriminal competency, mental health treatment standards, crime reporting, pedestrian safety, gun violence, organized crime, drug overdoses and support for those affected by the recent wildfires.
During a press conference held by Democrats after the special session ended, Senate Pro Tem Mimi Stewart, of Santa Fe, said the special sessions are “only effective when bills are properly vetted.”
“We’re not here to pass flawed bills,” Stewart said.
House Speaker Javier Martinez, of Albuquerque, said the reason the Democrats did not move forward with the public safety bills on Lujan Grisham’s agenda were because of “100 percent substantive” reasons.
Stewart said it would “be irresponsible of us” to pass bills without the input and deliberative process that involves various stakeholders, including input from behavioral health networks and civil rights advocates.
Two of the proposed bills, a bill restricting access to medians and a bill that would expand how a person could be institutionalized were heavily criticized by both Democrats in the legislature and organizations as potentially unconstitutional.
House Minority Floor Leader Rod Montoya, R-Farmington, told NM Political Report that “Republicans agreed with the Governor that crime is out of control.”
“It’s unfortunate we’re unable to address anything crime related. The only things my colleagues are willing to do is spend more money,” Montoya said.
Lujan Grisham said in an emailed statement that this was one of the “most disappointing days of my career.”
“This legislature just demonstrated that it has no interest in making New Mexico safer. Not one public safety measure was considered. Not one, despite the bills having the backing of police chiefs, public safety unions, mayors, prosecutors, businesses, tribal leaders, crime victims and others who have seen firsthand the erosion of public safety that has deeply damaged the quality of life in our state,” she said in a statement.
She also called the legislature not passing the public safety bills “nothing less than a dereliction of duty.”
“The legislature as a body walked away from their most important responsibility: keeping New Mexicans safe. But it is noteworthy that a majority of Republicans would have passed many or all of these bills — they were blocked,” she said.
She said she is “sorry that most of our elected officials didn’t even try,” and that the legislature “should be embarrassed.”
A group of 41 advocate organizations and providers condemned the special session in a press release on Wednesday. But after the session ended, representatives said they were pleased with the outcome.
Kat Sanchez, a policy analyst for the nonprofit Bold Futures, told NM Political Report that she felt the legislature listened to advocates and providers. She said her partner works for a behavioral health provider that has a wait list of 300 people. She said if there are not enough providers, laws mandating treatment are not enforceable.
“Who is missing is visibly clear,” Sanchez said.
Monet Silva, executive director of the New Mexico Coalition to End Homelessness, told NM Political Report that the legislature’s plan to reintroduce the bills in the 60-day session in 2025 is “a better form” and that she is “really glad the way it turned out.”
Marshall Martinez, executive director of Equality New Mexico, told NM Political Report that the people impacted most by the bills need to be a part of the discussion in the creation of the bills.
Senate Republicans tried to block Senate Democrats from adjourning Sine Die, but the call to end the Senate passed 25-13 along party lines.
On July 15, legislative Democratic leaders held a press conference where they expressed dismay that the governor’s proposed bills were not ready for special session discussion.
On July 17, Lujan Grisham held her own press conference where she reiterated her belief in the need for the special session.
The next day at noon, the New Mexico House and Senate proceeded with the special session with one bill on the agenda: HB 1.
HB 1 appropriates $10 million from the General Fund to the Indian Affairs Department to distribute to the Mescalero Apache Tribe for “damages and losses from the South Fork and Salt fires. Remaining balances at the end of FY25 would revert to the general fund,” the bill’s Fiscal Impact Report states.
The bill also appropriates $10 million from the state’s General Fund to the Energy, Minerals and Natural Resources Department for Fiscal Year 2025 “ for the purposes of wildfire mitigation, watershed restoration, slope stabilization, erosion control, post-fire management due to damages, flooding, or a wildfire including damages from flooding or debris flow caused by a wildfire, along with regional master planning of public infrastructure reconstruction due to damages from flooding or a wildfire, including damages from flooding or debris flows attributable to a wildfire,” the Fiscal Impact Report states.
Any remaining balances at the end of FY 25 will go back to the General Fund.
Another $10 million was appropriated to the Department of Homeland Security and Emergency Management for the same reasons EMNRD received $10 million only for this appropriation, unused funds will revert back to the General Fund in FY 26.
The last fire-related appropriation was for $70 million from the General Fund to the Department of Finance and Administration to provide “zero-interest reimbursable loans to political subdivisions of New Mexico that have been approved for federal public assistance funding to replace or repair public infrastructure damaged by the Salt and South Fork fires including damages from flooding or debris flows from those fires,” the Fiscal Impact Report states.
Any remaining funds would revert back to the General Fund at the end of FY 26.
The Administrative Office of the Courts was appropriated $3 million for FY 25 expenditure to fund assisted outpatient treatment programs and competency diversion pilot programs. Unused funds revert back to the General Fund at the end of FY 25.
The bill also appropriates $3 million from the general fund to the Administrative Office of the Courts (AOC) for expenditure in FY25 for the purposes of funding assisted outpatient treatment programs and competency diversion pilot programs. Remaining balances at the end of FY25 would revert to the general fund, the Fiscal Impact Report states.
The bill also allowed $211,900 to cover the special session’s costs. This included $83,300 for the House and $60,400 for the Senate.
With reporting by Nicole Maxwell.