One of the great things about living in New Mexico is that our elected officials are so accessible.
This means anyone can influence policy by knowing who the players are and understanding the process. Below is a brief primer on how our legislature works in case you feel like chiming in on any of the bills being voted on this year, are interested in following this column, or want the Cliffs Notes version for N.M. State Government 101.
The New Mexico legislative session starts on the third Tuesday of January at noon every year. Like Congress, our Legislature is made up of two chambers, a House of Representatives and a Senate.
New Mexico has 70 representatives and 41 senators who are elected every two and four years, respectively. Each chamber has its own leadership, as does each party. House and Senate leaders decide committee assignments while party leaders keep its membership in line with party objectives. This November’s midterm election gave the House the most Republicans it has had in decades (33 to 37 Democrats).
On odd numbered years, the Legislature meets for 60 days, and on even years it meets for 30 days. Thirty-day sessions can only deal with budgetary issues or issues the governor deems “germane” by placing them on “the governor’s call.”
This year is a non-budget-only year, but given the state’s current fiscal situation, it might as well be a budget-only session.
The budget process
The executive branch proposes a budget as prepared by the Department of Finance Administration (DFA) and as directed by the governor.
At the same time, the legislative branch proposes its own independent budget as prepared by the Legislative Finance Committee (LFC). The LFC is composed of members from both chambers and has a staff that is separate from that of the DFA. The two budgets are based on two separate, but similar, revenue and expense projections.
To give a sense of perspective, these budgets are in the 500-600 page, $5.5 billion range and are written at the department and division level. Did I mention that it includes what UNM is allocated?
Both budgets get combined into House Bill 2 (HB 2), which must be passed, in identical form, by both chambers. When both chambers have passed HB 2, it goes on to the governor for her signature. The governor has the option to sign, line-item veto, veto or pocket veto (veto through inaction) HB 2. (She has the same options, minus the line-item veto, for all non-budget legislation). The budget that is passed will go into effect July 1 and end June 30 next year.
Leadership and decision-making
As stated above, leadership is divided by chamber and party, but the two most influential people are the speaker of the House and the Senate president pro tempore. Each of these men is elected by his own chamber and is responsible for appointing members (including chairs) and bills to committees. It is said that bills assigned to three or more committees are dead on arrival. A power struggle taking place for the speaker position could further tilt the power dynamics to the right this year.
Standing committee chairs are the second-most influential people in the legislature, because, among other things, they decide which bills are heard in their committees. A bill that isn’t heard is also effectively dead.
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Next down the line in influence are majority and minority floor leaders and whips. They’re charged to make sure members adhere to perspective party agendas and strategies.
How a bill becomes law
It’s a misconception that the governor can introduce legislation.
Only legislators can do so, but in practice, the governor can ask a member of either chamber (usually from her own party) to introduce a bill on her behalf (so can you — I have). Also in practice, legislators don’t usually write (draft) their own bills. That is done by Legislative Services, a small army of public servants who work long hours behind the scenes. For a bill to become law, it must be passed by both chambers and then signed by the governor.
After a bill is “dropped in the hopper,” it is assigned to standing committees. Those committees hear the merits of each bill through public testimony and Legislative Services analysis. Bills that make it through all their committees are heard on the chamber’s floor and passed on to the next chamber.
Citizen lobbying
You can find and track bills via the New Mexico Legislature website (nmlegis.gov/lcs). You can influence bills by calling or visiting your legislators and members of committees. You can even testify before committees. In fact, it’s precisely what a citizen is supposed to do.
Danny Hernandez is pursuing a master’s in community and regional planning and public administration. He has extensive experience working as a “citizen lobbyist.” This column will report on what is happening at the Roundhouse from a UNM student perspective.
