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Senate majority leader Michael Sanchez listens to a question about procedure. Photo by Matthew Reichbach
Despite Gov. Bill Richardson’s very clear message that tax increases aren’t part of the Legislature’s business during the special session, several senators filed such bills Saturday. They will face their first obstacle when the Senate’s Committee on Committees hears those bills at meeting scheduled for 1 p.m. Sunday. This particular Senate panel determines what legislation is germane, or relevant, to the Legislature’s business during the special session. Their guide: the governor’s proclamation.
Given the governor’s opposition to tax increases, why would the Committee on Committees even consider the tax bills, asked Sen. Clint Harden, R-Clovis.
In other words: “Can the committee of committees overrule the proclamation?” Harden asked Sen. Majority Leader Michael Sanchez, D-Belen.
“My understanding is that we are bound by the constitution,” Sanchez answered, but, he added, “We can make a political decision if that is what we want to do,” instead of following the constitution.
Several lawmakers filed bills that would raise taxes or change the tax code minutes after Richardson’s proclamation was read out loud in the Senate. One would change how the state would collect the corporate income tax. Another would require the state to create a tax expenditure report.
Sanchez, who is an attorney, added that he understood that if the Legislature passed a law that wasn’t on the governor’s proclamation, “it would become subject to a lawsuit.”
Every member of the Senate has the right to file legislation and out of respect they deserve to go before the Committee on Committees, Sanchez said.
The back-and-forth exposed one of the basic tensions in the 2009 special legislative session in how the Legislature addresses this year’s $650 million budgetary shortfall.
Some state lawmakers want to address the shortfall by cutting spending and using federal stimulus funds. Other lawmakers say the state must raise taxes and not rely just on spending cuts to balance the state’s spending plan.
Several senators called the governor’s proclamation “restrictive” or opined that it was irresponsible to cut spending without raising revenues.
What could the Legislature do if it found the governor’s proclamation too restrictive, asked Sen. Gerry Ortiz y Pino, D-Albuquerque.
The House and Senate could call itself into an extraordinary session if 60 percent of members in both chambers vote to do so, Senate President Pro Tem Tim Jennings, D-Roswell, responded.
Other questions revolved around the language the governor used in his proclamation.
After about an hour of discussion, the Senate stopped the debate and recessed until Sunday afternoon.
Richardson has stood firm against tax increases. But he did step away from his repeated opposition to cuts to public education.
In a late Saturday afternoon press release, the governor’s office sent out Richardson’s latest proposal to address this year’s shortfall.
It includes about $40 million in cuts to public education, as long as the cost-saving measures do not affect “classrooms, kids and teachers,” the press release said.
Here are other elements to the governor’s proposal:
Use federal stimulus money to prevent further cuts to education.
Divert available short-term bonding proceeds from future capital projects to reimburse general fund for existing capital expenditures.
Deauthorize stalled capital outlay projects; cancelling the Governor’s projects as well as those of lawmakers.
Delay General Fund increases to retirement and Retiree Health Care Authority funds.
Sweeping state accounts of unspent money.
And here’s the governor’s proclamation, in its entirety:
2009 Special Session FINAL
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