Plenty to do before legislative session ends Thursday
Trip Jennings | The New Mexican
Posted: Saturday, February 11, 2012
- 2/11/12
     
   Print   |   Font Size:    

Related Items




advertisement
State lawmakers are down to the last few days of the 30-day legislative session, and much remains to be done.

The big priority -- passing a $5.6 billion state budget -- is still days away. Also left to get done is an agreement on how much to approve in tax breaks. Meanwhile, legislation appropriating money for lawmaker-backed brick-and-mortar projects around New Mexico isn't in its final form.

That gives state lawmakers a lot to focus on in the final days of the session. But there's much to distract them.

Here's an update on where some of the most important and most controversial pieces of legislation stand.

Driver's licenses: It looks like a rerun of last year's battle. The House of Representatives passed House Bill 103 last week. Sponsored by Rep. Andy Nuñez, I-Hatch, the bill would repeal a 2003 law that allows New Mexico to issue driver's licenses to undocumented immigrants. Gov. Susana Martinez supports Nuñez's legislation.

The bill heads to the Senate, which preferred an alternative to Nuñez's bill last year, although Martinez said she would not sign any compromise that allowed illegal immigrants to get licenses. The Senate is at it again, working on its own legislation, which would make it harder for illegal immigrants to get licenses but not completely prohibit the undocumented from driving.

Nothing indicates that the dynamics that marked 2011 have changed in 2012. And that means the driver's license bill likely will die again this year, although it's dangerous to declare anything dead until the gavel is banged down on the 30-day session at noon Thursday.

Education reform: There was a bit of movement last week on one of the governor's priorities -- ending social promotion.

Two bills that would end the practice cleared the Senate Education Committee, but only after they were amended.

Senate Bill 96, sponsored by Sen. John Arthur Smith, D-Deming, was amended to give parents the right to oppose retention if they get involved in school interventions for their children.

Senate Bill 50, sponsored by Sen. Linda Lopez, D-Albuquerque, also passed after it was changed. In its original form, Lopez's bill called for possible retention of students only with parental approval for first through eighth grades in both reading and math.

But the committee amended the bill to remove math as a subject in which first-grade through third-grade students have to be proficient in to advance, but kept the requirement for students in grades 4 through 8.

The question is, do either of those measures have enough support to clear both the House and the Senate and also pass muster with the governor?

Taxes: A week after clearing the Senate Corporations and Transportation Committee, a bill that would require out-of-state corporations to pay corporate income tax in New Mexico remains stuck in the Senate Finance Committee. The legislation, a perennial offering by Santa Fe Democratic Sen. Peter Wirth, appeared early on to have traction. But it hasn't moved much in more than a week.

Martinez has vowed to veto the bill, saying it is, in effect, a tax increase. Wirth argues that this year's bill actually lowers the corporate tax rate.

Given its past history and the governor's vow to veto it, the bill faces an unclear future while raising a plethora of questions. Will the bill die in the Senate Finance Committee, or be amended and then pass? If it passes that committee, will it make it out of the Senate and House and go to the governor's desk? If it goes to the governor's desk, will it go up as a standalone bill or as part of a comprehensive tax package? Stay tuned for answers to all those questions.

Corruption: The Legislature is moving some public corruption measures, with the Senate passing a bill last week that would add prison time to sentences of public officials convicted of corruption-related crimes. It also would make it possible for such officials to lose at least part of their state pensions.

Under Senate Bill 197, sponsored by Sen. Bill Payne, R-Albuquerque, corrupt officials would be subject to a separate trial to determine possible additional penalties to the basic criminal sentence. Fines could not exceed the value of the official's salary and benefits. The bill now goes to the House.

The House passed a similar bill earlier this session, but with some opposition. House Bill 111, sponsored by Nate Gentry, R-Albuquerque, which now is in the Senate, cleared the House on a 41-26 vote, with 26 House Democrats opposing the measure.

Voter identification: A House committee participated in an annual ritual last week -- the killing by party-line votes of measures that would require voters to present photo identification before casting ballots at the polls.

Republicans on the House Consumer and Public Affairs Committee argued that people voting under someone else's name -- or at least the potential of such fraud -- is a serious problem. Democrats said there's never been any proof of wide-scale voter fraud and that such laws would discriminate against minorities, the elderly and the disabled -- in effect, people who are less likely to have driver's licenses and other photo identification.

The Democrats won the argument as committee members split along party lines to table House Bill 113, sponsored by Brown; HB 207, sponsored by Rep. Jim Smith, R-Sandia Park; and HB 235, sponsored by Rep. Dianne Hamilton, R-Silver City.

There has been a push for photo ID bills by Republican legislators in states across the country in recent years.

Pension reform: Many state lawmakers have put a premium on reforming the state's two public retirement systems.

That's because in recent years national accounting rules have tightened up, requiring states to set aside more money to pay pensions for both current and future retirees.

For New Mexico's two public retirement systems, Public Employees Retirement Association and the Educational Retirement Board, the gap between cash on hand and what is required stands at about $10 billion.

Going into the 30-day session, some thought it would be easy to fix the educational retirement system.

But with days to go in the session, public employee unions are fighting over which of two competing ideas is best at reforming both of the state's public retirement systems. And that has made some lawmakers skeptical that pension reform will happen during the 30-day session.

Gov. Susana Martinez has said she would consider calling a special session if state lawmakers can't successfully tackle pension reform during the session.

Campaign finance disclosure: A bill that would require groups to disclose money spent in New Mexico elections that isn't currently required to be reported is still alive in the Senate. The groups would have to disclose the monetary amounts spent to the New Mexico Secretary of State's Office.

Senate Bill 11, sponsored by Sen. Peter Wirth, D-Santa Fe and Rep. Nate Gentry, R-Albuquerque, has been on the Senate floor agenda for several days. Wirth said Saturday he is trying to work out a compromise with the Attorney General's Office, which wants to see more restrictions on nonprofit organizations, and with nonprofits themselves.

Cabinet secretaries: Three of Martinez's Cabinet appointments were confirmed by the Senate last week. Jon Barela, Economic Development; Arthur Allison, Department of Indian Affairs; and John Bemis, Energy, Minerals and Natural Resources Department cleared the Senate chamber.

The only Cabinet appointment still awaiting confirmation is Hanna Skandera, Department of Public Education. Earlier this session, Senate Democratic Leader Michael Sanchez of Belen said he didn't know whether Skandera's nomination would be heard this session. Skandera was nominated before last year's session but didn't get a hearing in the 2011 Legislature.

Also awaiting confirmation is the governor's State Fair Commission Chairman Larry Kennedy. Kennedy has so far failed to clear the Senate Rules Committee, which held a hearing on his confirmation nomination in late January.

Sen. Linda Lopez, D-Albuquerque, chairman of the Rules Committee, said Kennedy likely would continue to sit in her committee. Translation: A Senate confirmation doesn't look likely in Kennedy's future.

The budget: The state budget for the fiscal year beginning in July is the main reason for the 30-day session. It cleared the House of Representatives last week and is now sitting in the Senate Finance Committee. No question, the Legislature will pass a budget that calls for about $5.6 billion in spending. The question is, will the Senate tinker with the House version a lot or just a little?

Capital outlay: As of Friday, state lawmakers were still working to put final touches on bills that will appropriate money for brick-and-mortar projects across the state.

Steve Terrell contributed to this report.

Contact Trip Jennings at 986-3050 or at tjennings@sfnewmexican.com.






You must register with a valid email address and use your real first-and-last name to comment on this forum. Once you've logged into the system, you'll be able to contribute comments. If you need help logging in or establishing your new user name and password, please write us.For information on our community guidelines and updating your username to meet standards, visit http://sfnm.co/sfnmforum.

All users are expected to abide by the forum rules and and be courteous to other users. Comments can be accepted up to eight days following publication. After that, comments can be read but no new submissions made. Send questions to webeditor@sfnewmexican.com

IMPORTANT: Comments must be posted under your own full, real name. Anonymous comments and those posted under a pseudonym can be removed. Please consult the forum rules. If you have questions, e-mail webeditor@sfnewmexican.com.
comments powered by Disqus




advertisement
advertisement
"));