By ROBERT NOTT
The Santa Fe New Mexican
Lawmakers have long decried a state law allowing a governor to quietly kill a bill the Legislature has passed by taking no action before a deadline.
Under a bipartisan resolution that saw its first victory Friday, voters would get to decide whether to kill the so-called pocket veto.
It was one of several measures that gained the support of the House Government, Elections and Indian Affairs Committee to overhaul the state’s policymaking processes — with voters’ approval. Many of the measures spotlight an ongoing power struggle between the executive and legislative branches.
The resolutions, which don’t require the governor’s approval, would put questions on the next general election ballot asking voters statewide to decide on constitutional amendments ending the pocket veto, altering the length of legislative sessions and creating a commission to study the feasibility of establishing salaries for lawmakers.
House Joint Resolution 2, on the practice of pocket vetoes, would amends state law to require the governor to approve or veto bills that pass both chambers during the last three days of the legislative session. The governor would have to take action within 20 days — or a measure would be come law.
Co-sponsored by Reps. Matthew McQueen, D-Galisteo, and Jason Harper, R-Rio Rancho, the resolution also would require the governor to provide an explanation for her veto actions.
“I get it,” McQueen told committee members. “A governor can veto a bill. Just tell us why. … We would like an explanation for the veto.”
He added, “This is a transparency and communication issue. This would be good for the Legislature; this would be good for the public.”
The Government, Elections and Indian Affairs Committee approved two pieces of legislation that would lengthen some legislative sessions.
Perhaps more importantly, the resolutions call for constitutional amendments that also would end the governor’s power to set the agenda for 30-day sessions, which primarily are focused on drafting a state budget.
House Joint Resolution 5, sponsored by Rep. Natalie Figueroa, D-Albuquerque, would make regular session 60 days long.
House Joint Resolution 1, co-sponsored by five lawmakers, including McQueen and Harper, calls for 45-day sessions.
Under state law, legislative sessions now run 30 days in even years and 60 days in odd years. While lawmakers can introduce any type of legislation during a 60-day session, they have to win a governor’s approval to get a bill on the docket in an even year if it doesn’t relate to the budget.
Lawmakers who proposed the initiatives — as well as two University of New Mexico professors who authored a study on the benefits of a longer session and a paid Legislature — said extending the 30-day sessions would allow lawmakers more time to set sound, well-researched policy.
“With a longer time in session, the Legislature is going to be in a position to more effectively negotiate and bargain with the governor,” said UNM political science professor Timothy Krebs, who spoke in support of HJR 5.
“The additional time provides additional capacity for the Legislature to consider its own preferences and consider strategy” in terms of negotiating with the governor, he said.
McQueen said while he would prefer 60-day sessions every year, he would settle for 45 days as a compromise.
Previous efforts to adopt longer sessions — often tied to attempts to establish salaries for the citizen Legislature — have failed.
But many lawmakers in both major parties expressed support for extended sessions Friday.
McQueen said lawmakers often feel “rushed” in 30-day sessions, which start off with an emphasis on the budget before “other bills creep in.”
Lawmakers in both parties also have shown support for removing the governor’s authority to set the agenda for 30-day sessions.
“We are a co-equal branch of government and we shouldn’t have to go to the executive and ask for the important things for us to be heard,” Harper said.
McQueen called it “legislative malpractice” not to give lawmakers equal say on introducing bills.
While all five Democrats present at Friday’s committee hearing voted in support of 60-day sessions, the three Republican members favored a change to 45 days. Figueroa was the lone Democrat to vote no on 45 days.
The committee voted 5-3, along party lines, to approve House Joint Resolution 7, which would establish a commission to compile a report on the feasibility of paying the state’s 112 lawmakers a regular salary.
If the measure makes it through this year’s session and goes to voters in the November general election, the commission would be required to issue a report on its plan to “establish, adjust, or limit” legislative salaries by Jan. 1, 2026, according to the resolution’s fiscal impact report.
New Mexico is the only state where lawmakers don’t receive pay.
Advocates for a paid Legislature say it would attract more candidates who cannot afford to run for the state office because they can’t afford to give up their jobs.
