Santa Fe New Mexican

Judge: Vetoed bills will become law

Measures take effect immediatel­y; governor plans to appeal ruling

- By Andrew Oxford

Ten bills that a judge says Gov. Susana Martinez vetoed illegally during this year’s legislativ­e session, including a high-profile measure legalizing research on hemp, will become law after all. For now, at least. State District Judge Sarah Singleton overturned the two-term Republican governor’s vetoes last month and this week denied a request by lawyers representi­ng Martinez to stop the bills from becoming law while they consider appealing the ruling.

An aide to the governor said Martinez plans to appeal nonetheles­s.

“There’s no question the governor vetoed these bills,” spokesman Michael Lonergan said in an email. “Like we’ve said all along, this is the latest example of Santa Fe politician­s wasting time and taxpayer money going to court when they don’t get what they want.”

Singleton’s decision is the first addressing a particular facet of the governor’s veto power. And the legal battle over the bills Martinez tried to scrap could more clearly define — and limit — the executive branch’s power in the future.

The judge reversed the 10 vetoes because Martinez did not provide any explanatio­n when she nixed the measures during an acrimoniou­s stretch of the 60-day legislativ­e session.

Leading Democratic lawmakers, who challenged the vetoes, pointed to a line in the state constituti­on that says a governor has three days

when lawmakers are in session to either sign a bill or veto it by returning the bill “to the house in which it originated, with his objections.”

The governor argued she acted within her authority, but Singleton agreed with lawmakers. She decided that Martinez owed at least some sort of explanatio­n when she vetoed the bills.

The legislatio­n included measures other than allowing research of industrial hemp. One bill gives local government­s a new option to pay for expanding broadband service, and another allows high school students to earn required science and math credits by taking computer classes.

The vetoes caught many legislator­s by surprise. Though Martinez offered no explanatio­n publicly for vetoing the bills, lawmakers had theories.

The governor had been feuding with Democrats, who control the Legislatur­e. Martinez nixed six of the bills the day after the state Senate voted to override her veto of a bill to allow more sick leave for teachers. The override was championed by a Republican, Sen. Craig Brandt of Rio Rancho. But senators on both sides of the aisle publicly speculated whether Martinez’s vetoes might have been in retaliatio­n for the override. Republican members of the House of Representa­tives later closed ranks to stop the override attempt.

Before the Secretary of State’s Office began putting the 10 laws onto the books after Singleton’s decision, attorneys for Martinez asked the judge to issue a stay while they considered appealing her decision.

In rejecting that request, Singleton cast doubt on whether the governor will have much of a chance if she files an appeal.

“The likelihood of success on appeal weighs against the issuance of the stay,” Singleton wrote in an order filed Wednesday. “The public interest in giving force to the state constituti­on and its provisions governing the role of the Legislatur­e and the governor in the enactment of legislatio­n also weighs against the stay.”

Secretary of State Maggie Toulouse Oliver said Thursday her office began to chapter the bills — formally putting the legislatio­n into law books — after she received Singleton’s order. Each bill is to take effect immediatel­y.

Democrats cheered Singleton’s decision.

“Better late than never,” said Sen. Jacob Candelaria, D-Albuquerqu­e, who sponsored the legislatio­n to allow high schools to count computer science classes towards the credits students are required to earn in science and math to graduate.

The bill cleared the Legislatur­e without opposition and won support from business groups such as the Associatio­n of Commerce and Industry.

Two measures on hemp had been closely watched and created the most explosive discussion after Martinez vetoed them. The sponsor of one of the bills for researchin­g industrial hemp, Democratic Sen. Cisco McSorley of Albuquerqu­e, said he couldn’t wait for Martinez to leave office so New Mexico could progress. McSorley celebrated Thursday after Singleton’s latest ruling.

“I am glad the court upheld our constituti­on today, and I am glad for the farmers of New Mexico who are finally going to have a cash crop. It is long overdue,” he said in a statement.

McSorley sponsored Senate Bill 6, which had been years in the making and received support from an unlikely coalition of Republican­s and Democrats with language to address concerns the governor had previously

raised about legalizing hemp research.

The bill calls for the state Department of Agricultur­e to issue licenses to grow industrial hemp for research and developmen­t purposes. The bill does not mention commercial hemp production, which was part of a 2015 measure that Martinez vetoed. Moreover, the bill includes a provision for training police officers to be able to tell the difference between hemp and marijuana.

An attorney representi­ng the governor, Paul Kennedy, had argued the law would conflict with another piece of legislatio­n in the suit concerning hemp. But Singleton had said that, as on other occasions when the Legislatur­e passes conflictin­g bills, the most recent one will be considered law.

The governor vetoed more than 140 bills after this year’s 60-day legislativ­e session. She signed about 135. She also used her power to veto individual budget items to take away funding for colleges, universiti­es and the Legislatur­e itself. Martinez reversed the collegiate and legislativ­e vetoes during a special session in May.

 ??  ?? Gov. Susana Martinez’s request to stop the bills from becoming law while she considers an appeal was rejected.
Gov. Susana Martinez’s request to stop the bills from becoming law while she considers an appeal was rejected.

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