Simmering disagreements between lawmakers and the administration of Gov. Bill Richardson boiled over Monday, as the Senate sought to force state agencies to provide the Legislature with confidential information about contracts and programs.
The Senate voted 34-8 to override Richardson's veto last year of legislation passed after a state agency denied information about Medicaid to the Legislative Finance Committee.
The administration contended the material was confidential, and it could not be shared with lawmakers.
To enact a bill over the governor's objections, the House also would have to vote by a two-thirds majority to override the veto.
It remained uncertain if the House would attempt an override vote this session.
Rep. Luciano "Lucky" Varela, a Santa Fe Democrat and Finance Committee chairman, said he would support an override.
"I think it will go," he said.
Gilbert Gallegos, a spokesman for Richardson, said the governor was focused on the budget and "not on procedural gimmicks or attempts to derail the serious business of the Legislature."
He said the bill (SB 531 from the 2009 session) has serious constitutional problems.
Veto overrides are rare. During Republican Gov. Gary Johnson's eight years in office, the Democratic-led Legislature succeeded in overriding only two of more than 700 vetoes.
Richardson has objected to several bills passed by the Legislature in recent years because he maintains they intrude on executive branch powers.
Senators who backed the override said it was critical for lawmakers to get all the information they need to assess whether programs and contracts are working properly.
The Legislative Finance Committee, a budget oversight committee, had wanted a wide range of information about Medicaid, including costs by managed care companies that administer health care services through contracts with the state. Medicaid provides health care to the poor and uninsured children.
"I think we should stand up and demand where the money is going," said Senate President Tim Jennings, D-Roswell.
Sen. Phil Griego, D-San José, opposed the veto and said it was done to embarrass the governor before his terms ends this year.
The vetoed legislation would make clear that state agencies must provide the committee with confidential material, and the committee would not publicly disclose the information.
Sen. Tim Keller, an Albuquerque Democrat who pushed for the override vote, said the ability to obtain confidential information about contracts also will be important as lawmakers look at decision-making about state investments.
A federal grand jury is investigating state investments and has requested documents from state agencies about millions of dollars in fees paid to third-party marketing agents.
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