Santa Fe New Mexican (Op-Ed): Effort to modernize Legislature casualty of broken system

Outsiders coming to our state often notice how New Mexico is years behind similar states in terms of infrastructure, education, poverty, community well-being and just about any other statistic you use to measure the success of a society.

The reputation tracks with a flawed legislative structure that is impeding progress on many levels. We are the only state where legislators do not receive a salary. Most lack professional staff to conduct policy research and constituent services, and they meet for the third-shortest amount of time in the country.

In even-numbered years, the Legislature meets for only 30 days, putting additional pressure on lawmakers to charge proposed legislation through committees and then to the floor. But is this effective? Based on a poll conducted by the University of New Mexico Bureau of Business and Economic Research, the consensus among legislators is a resounding “no.” In the study, which polled legislators, 80.7% of respondents attested that given the structure of the Legislature, there is not enough time to carry out basic responsibilities, which include researching and analyzing bills, drafting amendments, considering public input and debating in committee and on the floor.

The outcome is long debates on fewer bills and even longer days. This year, the longest House floor debate concluded almost 20 minutes after 3a.m. Lawmakers were then asked to return just hours later for their regular committees and another floor session. In what profession is it normal to come into work as early as 7a.m. and work until 3a.m. the following day, only to return to work hours later while sleep deprived? Predictably, this often results in mistakes that need to be corrected later.

Over the last several sessions, legislators had the opportunity to increase the length and scope of the session in even-numbered years.

But in true New Mexico fashion, Rep. Natalie Figueroa’s House Joint Resolution 5, sat on the House calendar for nine days and timed out once Speaker Javier Martínez spoke the famous last words, “Sine die.”

HJR 5 would have increased the length of session to 60 days in the even numbered years and restored legislative power by removing the governor’s ability to control the agenda. A similar Senate resolution never made it out of committee.

One would think given the strict limits on time, topics and late-night sessions, legislators would jump at the opportunity to amend a system that allowed only 72 of 658 bills to make their way to the governor’s desk. Instead, lawmakers shuffled around the idea of a 45-day short session, two 45-day sessions and killed time with filibusters and other antics.

As a result, the resolution became a casualty of the system it attempted to fix.

Another modernization measure to allow an independent commission to set legislative salaries failed to get a hearing on the House floor. Despite these failures, a silver lining appeared in the form of funding appropriated to Legislative Council Services to provide staff for senators and representatives.

This comes on the heels of a report commissioned by the Legislature to research the feasibility of providing legislators staff and district offices. The Focus Group, the Louisiana-based contractor, provided three staffing options and underscored the cry for help from many legislators, particularly those in rural areas.

The Legislature is caught in a Catch-22. It needs more time, staff and, yes, salaries to help legislators prioritize public service over their other commitments. But it now lacks all three, which makes it difficult to even consider these thorny issues.

Common Cause New Mexico will continue to call for modernization – no matter how long it takes. The future of our state depends on having an updated institution capable of tackling the complex problems we face.

Mason Graham works with Common Cause New Mexico.

 

To view this op-ed online, click here.