Extraordinary session seen as unlikely

CLOVIS — The state legislature approved a lawsuit Thursday against Gov. Susana Martinez and seeks to convene an “extraordinary session,” elevating the budget standoff to near-historic proportions. Local representatives say the recent moves are largely political posturing, but they hope negotiations can move quickly.

Martinez was vocal about her April 7 decision to veto tax increases proposed by the Legislature, which emerged from its regular session in March recommending $350 million in tax increases to balance the budget for the coming year.

On Wednesday afternoon Martinez stopped briefly in Clovis to discuss her controversial vetoes, stating her interest in holding a special session in the coming weeks and negotiating an acceptable budget plan before then.

On Thursday, leading legislators come from a closed-doors meeting and approved a lawsuit against Martinez for vetoing funding to universities and the Legislature itself. They also began taking signatures on a petition to convene an “extraordinary session,” only the second such effort in state history.

An extraordinary session requires the approval of three-fifths of the House and Senate each, which local legislators believe is unlikely to take off given the Democrats' slim majority in the House. The only other extraordinary session in state history was in 2002, after then-Gov. Gary Johnson attempted to roll the previous year's budget into the next year, according to Sen. Stuart Ingle, Republican Minority Floor Leader.

For the most part, legislators representing eastern New Mexico are just eager to see the standoff negotiated and the fanfare over with.

“My primary hope is that it happens quickly, that they come together and they work quickly,” said Rep. Randy Crowder. “The sooner the better for the people of New Mexico.”

Crowder believes the ultimate compromise on a balanced budget for the state will include elements of House Bill 412, a tax overhaul that phases out many tax credits.

“I do know that the Governor is in favor of comprehensive tax reform,” he said. “This bill has the potential to balance the budget, in theory.”

Those negotiations, whatever shape they take, need to precede a special or extraordinary session, said Crowder.

“It would not make any sense to sign a petition or any kind of authorization to go into the extraordinary session if a deal wasn't already made.”

Representative Bob Wooley expressed frustration with what he considered grandstanding and a lack of cooperation on both sides.

“We wasted so much time (in the regular session) on frivolous stuff instead of doing what we needed to do. We could have fixed this. That's why we're up there. It's all negotiation. It's a give and take,” he said. “There's no doubt we're going to have to do some tax increases at this point. But it's got to be fair and equitable for everybody. We tried and tried in the House to work with the other side on a tax package to send to the Governor that she would sign, and they just flat refused to do it.”

Wooley said he was in favor of allowing local municipalities to decide on their own — with voter consent — to impose gas and diesel taxes as they saw fit.

As for Martinez, who has said emphatically that she would veto any proposed tax increases, Wooley said he could only guess.

“She's held very steadfast to that promise and she reiterates it every time she speaks,” Wooley said. “But I think if (a tax increase proposal) is reasonable and the citizens would go for it, she might consider it,” he said.

Wooley considers the pending lawsuit against Martinez “political posturing” because the budget still remains in the balance even if Democrats win the suit.

Representative George Dodge said his “biggest concern is making sure that everybody comes to the table and making sure that our universities are funded.”

“The Governor is doing what she thinks she needs to do and we're doing what we think we need to do,” he added. “As for the court case, it's going to get heard and we'll see what happens with that one.”

Sen. Pat Woods has heard rumors of the special session taking place in early May, and he too thinks the extraordinary session is unlikely to get the votes it needs. But Woods — who first won his seat against a candidate favored by Martinez — recognizes posturing on the part of Martinez as well.

“The other thing they're wanting to know with this lawsuit is whether (Martinez) has the power to defund state colleges or the legislative branch of the government. I'm no attorney but I don't think she has that power. I think it was a poke-you-in-the-chest kind of deal, to say, 'Let's get down to negotiating',” he said. “I'm a little upset with her for not going into the budget and redlining things that she thinks (are needed) to reduce government spending and taxes. If you're going to talk the talk, let's walk the walk and not do stuff that we're pretty sure is unconstitutional just to make a point. She's the main person that manages the state government. Those are all her agencies. That's her administration.

“It's a pretty tough deal and we've got to fix it. We're under a constitutional mandate to have a balanced budget. We need to get with the program here.”