NM In Depth editors and reporters discuss 2024 legislative session outcomes

New Mexico In Depth reporter Bella Davis joined Executive Director Trip Jennings and Managing Editor Marjorie Childress on Tuesday for a chat about the 2024 legislative session, which ended Feb. 15. 

Childress began by reminding everyone that all bills passed by the Legislature are still subject to vetoes from Gov. Michelle Lujan Grisham. Jennings added that the $10.2 billion dollar state budget and $1 billion dollar capital outlay legislation are subject to line item vetoes. That’s because they appropriate money and the state constitution gives a governor the power to eliminate words, passages and individual appropriations in any bill that spends state money. 

The audience asked what New Mexico In Depth was least happy about coming out of the session. “I’m upset that I don’t know more about how much money lobbyists spend on lawmakers,” Jennings said.

New Mexico Senate passes capital outlay transparency bill

The Senate passed a measure Wednesday that would enable New Mexicans for the first time to see how each lawmaker spends public infrastructure money under their control. 

Should House members agree with Senate amendments, and Gov. Michelle Lujan Grisham sign it into law, the measure would require legislative staff to automatically publish a list 30 days after the session ends that details how individual lawmakers spend millions of dollars in most years — a far cry from the secrecy that has surrounded such decision making at the Roundhouse for as long as people can remember. 

House Bill 55, sponsored by Rep. Matthew McQueen, D-Galisteo, and a bipartisan group of lawmakers, sailed through the Senate after some debate, a much different outcome than in previous years. 

In 2015, New Mexico In Depth discovered that such information was a secret after filing a public information request for a list of individual lawmaker’s infrastructure spending allocations and finding out that information wasn’t subject to public scrutiny. That’s because of a long established statute that makes confidential any communication between individual lawmakers and legislative staff. That statute still stands, but now, if the measure becomes law, details about lawmakers’ individual spending choices will be exempt from the rule. 

During the February House floor debate on the bill, McQueen said it’s important to make the information readily available to everyone who’s interested. Sen. Jeff Steinborn, D-Las Cruces, said during Wednesday floor debate in the Senate that making the allocations public was long overdue and “fundamentally the right thing to do.” He listed three reasons: it’s public money that the public has the right to see; making it public prevents fraud; and transparency will result in money better spent. 

Since 2016 when the first bills were introduced by McQueen and former senator Sander Rue, R-Albuquerque, the transparency measure has been hotly debated, with opposition largely hinging on the political costs to lawmakers if their spending decisions are known to the public. This concern has been voiced largely by rural lawmakers who represent multiple counties, who say they must juggle many more funding requests from their constituents than they can possibly fill. 

But a 2019 investigation by New Mexico In Depth found the issue wasn’t a cut-and-dried example of a so-called rural/urban divide. 

That year, we asked every lawmaker to give legislative staff permission to share their capital outlay allocations with the public.

Lawmakers will again push for capital outlay transparency

Legislators will make another push this year to make public how individual lawmakers divvy up capital outlay money. 

New Mexico In Depth discovered back in 2015 that those decisions were exempt from the Inspection of Public Records Act, after submitting a request for a list detailing how lawmakers individually allocated infrastructure money that year. We wrote about what we’d found, and several lawmakers promptly introduced bills in 2016 to make information available to the public about how individual legislators steward capital outlay dollars. Here’s a recap of the issue:

Each year, the state Legislature passes a capital outlay budget that sends millions of dollars out to New Mexico communities to pay for infrastructure projects. To figure out how to spend that money, lawmakers divide the money three ways. The governor controls a third, state agencies control a third, and lawmakers control a third. 

How do lawmakers decide how to spend their portion?

How lawmakers spend public money found “not germane” in a budget session

New Mexico’s every-other-year legislative sessions are, by definition, short. Just over four weeks. There’s a lot of legislation to cram in, including the state budget, and this year the governor is pushing for no less than legalization of recreational cannabis and free college tuition. 

But somehow, in a session in which only items pertaining to public money are allowed unless the governor indicates otherwise, shedding light on how some lawmakers spend that money has been found  “not germane.” And so far, the governor hasn’t included greater government transparency among the shortlist of issues she added for debate this year, or “on the call.” Her predecessor, Gov. Susana Martinez, championed some transparency initiatives. And in both the 2016 and 2018 short sessions, legislation to disclose publicly the capital outlay funding decisions of individual lawmakers was greenlighted for debate. 

This year, there are two sets of lawmakers pushing to lift the veil of secrecy about how lawmakers spend money for infrastructure projects.

Lujan Grisham vetting capital outlay, including small projects

In the wake of the 2019 legislative session, people across New Mexico are taking stock of how much Legislature-approved money to fund infrastructure will end up in their communities. There’s a lot of it–$933 million in the main capital outlay bill and an additional $60 million in “junior” spending bills drafted after lawmakers realized how flush the state is in oil money. Gov. Michelle Lujan Grisham has until April 5th to sign legislation. Before she signs off on the infrastructure spending, called capital outlay, it’s possible she’ll use her line item veto authority to strike some of the projects. She asked state agencies to “vet” projects, according to an email sent last week to potential recipients by the Department of Finance and Administration.

NM doles out billion dollars in capital outlay, funding decisions remain secret

As New Mexico’s 2019 legislative session draws to a close, lawmakers are poised to allocate almost a billion dollars to infrastructure projects around the state. The Senate Finance committee approved $933 million yesterday for capital projects statewide. For comparison, just a year ago capital outlay money totaled $364.5 million. The state is so flush with cash, that each chamber is moving an additional “junior” appropriation bill of about $30 million, HB 548 and SB 536, for $60 million total that individual members will parcel out. The bill, SB 280, holds $385 million going to statewide projects designated by state agencies.

Effort continues to make “super secret” capital outlay list public

The House made quick work last week passing a measure that would lift a veil of secrecy on how individual lawmakers allocate capital infrastructure money under their control. Currently, New Mexico is the only state in the nation that allows legislators to divvy up among themselves a big chunk of infrastructure money to direct to projects as they see fit. And it allows them to keep secret which projects they choose to fund, although the information is readily available in an existing database. Sen. Sander Rue discusses capital outlay transparency with the Senate Rules committee in 2018, during which rural legislators explained their reservations about the measure. Sen. Daniel Ivey-Soto, D-Albuquerque, called it the “super-secret private list which is the one that actually appropriates the money” last year during a Senate Rules Committee debate on the issue.

Capital outlay reform transformed by Senate into three-year interim study

The New Mexico Senate on Thursday approved a watered-down measure to investigate why nearly $1 billion in infrastructure money remains unspent. Senate Bill 262 next moves to the House with less than two days to go in the 2017 legislative session. The committee in the original bill would have vetted projects that are placed in most annual capital outlay bills by individual lawmakers. But a Senate Finance Committee amendment took away that authority. And a floor amendment restricted the committee to a three-year term.