Legislature adopts balanced budget

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Gov. Susana Martinez.

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Senate President Tim Jennings, D-Roswell.

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Speaker of the House Ben Luján.

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Dem leaders, governor ready to collide

Speical redistricting session convenes Tuesday

Updated: Sunday, 04 Sep 2011, 10:35 AM MDT
Published : Sunday, 04 Sep 2011, 10:35 AM MDT

SANTA FE, N.M. (AP) - Republican Gov. Susana Martinez and Democrats in the Legislature find themselves on a collision course as they head into a special session to deal with the politically tricky assignment of redistricting.

The Legislature convenes Tuesday, but Martinez has Democrats grumbling because she wants lawmakers to consider a wide range of proposals in addition to the once-a-decade job of redistricting.

Among the governor's priorities is stopping the issuance of driver's licenses to illegal immigrants and a proposal to hold back third-graders who can't read proficiently rather than promoting them to the fourth grade.

Both measures died earlier this year during the regularly scheduled 60-day session, and many Democrats are unhappy about the prospect of reconsidering them during a special session of the Legislature. They view much of the governor's agenda, particularly the immigrant licensing measure, as part of a GOP strategy to force Democrats to vote on hot-button issues that can be used in the 2012 elections.

"This is all politics. This isn't anything about doing what's right," Senate President Tim Jennings, a Roswell Democrat, said in an interview.

He and other Democratic leaders want the session focused on redistricting and it's uncertain how much attention they will give to the bills on Martinez's agenda.

House Speaker Ben Luján, a Santa Fe Democrat, said it's possible that lawmakers will finish redistricting before turning their attention to other measures.

That approach could leave the governor with a narrow window to decide what to do with any redistricting plans the Legislature approves.

"If we do get a redistricting bill passed in the session ... and if we're in session, she has three days to sign or veto the bill," said Luján. "So that may be some reason for sticking around and maybe addressing some of the other bills that she is moving forward."

The governor isn't sympathetic to the concerns of Democrats that she's packing too much into what almost certainly will be a politically charged session because of redistricting. Both Democrats and Republicans traditionally use redistricting to jockey for a political advantage in future elections.

Martinez contends there's ample time to handle redistricting as well as other issues. She contends there's bipartisan support for much of her agenda, such as strengthening government powers to ban fireworks during extreme drought conditions.

"Have we forgotten that we almost had one million acres burned," Martinez questioned at a news conference this week, referring to this summer's wildfires. "We need to make sure to fight for that law now while it's fresh in everyone's mind."

But Jennings and Luján don't see any reason to rush ahead. They suggest the governor's proposals could wait until the Legislature returns in January for a 30-day session.

Even if lawmakers approve some of the bills sought by Martinez, the new laws likely wouldn't take effect for 90 days - pushing the effective date to near the start of the new year and the next legislative session.

Redistricting, however, can't wait. The new districts must be in place for candidates planning to run for offices next year's elections.

Lawmakers must draw new boundaries for New Mexico's three congressional districts - Democrats hold two of those seats - as well as districts of the 70-member state House of Representatives, the 42-member state Senate, five-member Public Regulation Commission and the 10-member Public Education Commission, which can approve some charter schools. The PRC regulates utilities, telecommunications, motor carriers and insurance.

The task is to adjust district boundaries for population changes during the last decade. Lawmakers must equalize district populations as much as possible to comply with the legal doctrine of one person, one vote.

Ten years ago, then GOP Gov. Gary Johnson vetoed the Legislature's plan for congressional and House redistricting. A state judge ended up drawing the district boundaries and the state spent $3.5 million on legal expenses.

This year's special session is expected to cost as much as $50,000 a day. Lawmakers and Johnson battled over redistricting during a 17-day special session in 2001, and no other issues were on the agenda.

"I think you're looking at a couple of weeks," Jennings said in speculating how long the special session will continue. "But it depends. The more she adds, the more messed up it gets."


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