New Mexico In Focus
Breaking Down the 2022 Legislative Session
Season 15 Episode 34 | 32m 17sVideo has Closed Captions
Gene Grant talks with Professor Timothy Krebs about the 30-day Legislative Session.
NMiF Host Gene Grant talks with UNM Political Science Professor Timothy Krebs about the recently completed 30-day Legislative Session.
Problems playing video? | Closed Captioning Feedback
Problems playing video? | Closed Captioning Feedback
New Mexico In Focus is a local public television program presented by NMPBS
New Mexico In Focus
Breaking Down the 2022 Legislative Session
Season 15 Episode 34 | 32m 17sVideo has Closed Captions
NMiF Host Gene Grant talks with UNM Political Science Professor Timothy Krebs about the recently completed 30-day Legislative Session.
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorshipGene: Thanks, Kevin.
Appreciate it.
Hey, folks.
Welcome to Friday, not our usual Wednesday, for a facebook live, but the session just ended yesterday at noon as you know.
We're glad to have Dr. Paul Krebs, political science professor at the University of New Mexico Poli-Sci department.
We're going to get into some of the interesting things that happened in this 30-day session.
But, let me start, Dr. Krebs, just your top line reaction, as they say, on the big shows, to what just transpired.
Meaning, we had an awful lot of things and we'll start to get into detail about this awful lot of things that are huge issues, tried to get done in a 30-day session.
I'm so curious, just from your point of view, as a clinical science professor here in New Mexico, is our session lengths just not viable anymore in a fast-moving world?
Timothy: You know, I really think they, they aren't viable anymore.
I mean, you know, you've got, in a 30-day session, it's supposed to be about the budget.
The Governor, though, can put things on on on her call, legislative items that are non-budgetary in nature.
And even, you know, just that one person having that ability to do that, that agenda can get packed pretty, pretty quickly.
And, in our modern world things are really, can be really complicated.
Just talking about crime, talking about environmental protection, you know, the budgetary implications and economic implications of different tax laws and tax changes and so forth.
All of these things require a lot of thought, a lot of discussion, a lot of effort, yeah, to get to some kind of agreement.
And, you know, in a 30-day session, it's really hard and you're talking about, you know, having citizen legislators who are taking time away from, you know, their families and their livelihoods and so forth, to serve in these roles and it's a, it's a very tall order, so yeah, I think, you know, having a discussion about increasing the length of our legislative sessions and perhaps, you know, increasing the staff capacity would make our legislature function more effectively in the modern world.
And, you know, allow them to do the things that, you know, it's clear that voters want, that our residents want.
That our state needs to, to accomplish.
And we have this kind of frustration.
We have this kind of frustration after every legislative session, like, we ran out of time, right?
GENE: It's a common story, absolutely.
And I want to apologize.
I did the very thing I'm sure I would not do and call you Paul Krebs.
I went ahead and did it.
I'm so sorry.
I'm sure you've heard it before.
I'm sorry... TIMOTHY: I haven't...
I have heard of, I've, I have heard it once or twice in town, yes, if I'm related.
I am not.
GENE: There you go.
My fault.
And that allows us to clear that up by getting it wrong, so I appreciate that, just in case anyone was wondering.
Yeah, interesting, Dr. Krebs, I got, I've got to go right to something that's just so interesting to me, is the use of dummy bills.
Something this session, just was, sort of, like beyond the, beyond for dummy bills.
I mean, we've seen them before.
There may be even an argument in some capacities for them, but could you explain to the folks what they are necessarily and what happened here with the unbelievable use of them this session?
TIMOTHY: Well, I can't really, you know, it's, I can't really speak to, you know, why they were used, or, you know, if they were used more this time around than in previous previous sessions, because it's hard to compare this session with other ones, just simply because we're still in COVID.
It's not normal functioning, so, you know, dummy bills are just really what they are, is they're just sort of legislative vehicles that are used to, sort of, to introduce legislation or to move legislation after the deadline for filing bills has passed.
And so, you know, it's a legislative maneuver.
It's a tool that leadership can use to, you know, keep a legislative idea viable after the point at which, you know, that that sort of initial deadline for filing bills has passed.
And so, it's a, you know, it's a bit unorthodox, in terms of process.
You know, there's, there's a sort of generic title given to to a dummy bill.
There's no, there's no author, you know, listed, you know.
There's no sort of bill, you know, when bills are introduced.
They're assigning committees.
There's none of that stuff.
So, you know, it all happens in an unorthodox way.
The legislatures can determine how they function, so long as, so long as it's consistent with the Constitution.
The legislations, they decide on their rules and how they function and so it's, from that standpoint it's okay.
GENE: Interesting.
I want to hitch this thought we're on here about the mobile, to the Hydrogen Act.
That did not happen.
It was almost like a way to bring something from the dead.
It's a very interesting way to use these dummy bills, but I'm curious where you feel the voter is left in this process, because it's awfully hard, even given the challenges of COVID and Zoom and all that kind of thing.
It's very hard for the citizen to track their citizen legislature's moves when you have amendments, you know 160 pages on top of a four-page original bill, and no one has time to read these things.
So, I'm curious, where does it, where does the voter get left off in this?
TIMOTHY: Well, I, you know, clearly, I, you know, there is a certain, there's a there is a kind of a lack of, a lack of transparency with these sorts of things.
You know, large, complicated bills, we see this in the U.S. Congress all the time, where members of Congress don't have, they don't read the stuff they're, they're voting on, simply because they don't have enough time.
You know, bills become longer and more complicated.
Some, you know, often on purpose, so that you can have enough stuff in there to build the coalitions you need to build in order to pass legislation.
So, you kind of, you know, you build it bigger so that you can give more stuff to more people to get them to say, "Yeah, I can't not vote for this," you know.
So, that's part of it, you know, the sort of bigger issue of transparency, I think it matters more.
I think it matters a bit more to folks in the media reform groups.
I think, for the average person out there, what they want, they don't care so much about the inside politics stuff that's going on here.
What they want to see is, they want to see results.
They want to see a legislature that functions to serve their interests, to address the challenges they face.
To address community conditions and statewide conditions.
To move the state forward and so, you know, on some level I think, you know, for the average voter, you know, these... this kind of stuff is just like, yeah, I mean, it's not that, it's not particularly important what's important is what's done at the end and whether it improves people's lives.
GENE: Fair enough.
Process is a difficulty.
I mean, there's professional citizens that follow these things and there are people that live their lives.
They don't follow these things.
So, I appreciate that.
You know, one of the art, one of the things I always dig about Poli-Sci Departments and people that are working in this, is the understanding of of how, you just mentioned a second ago, how to break down ideas and this is, I'm going to talk about the Hydrogen Development Act here.
I really can't, when I think back, I can't think of many opportunities that were generational.
As the Governor, sort of, positioned this, that were approached with such a thin, you know, run-up to such an enormous idea.
And sometimes politics is the idea of holding, you know, something under someone's nose and convincing them it smells like an orange, do you know what I mean?
It just really was very little effort.
I'm so curious, from your point of view, how the the art of the deal for the Hydrogen Act went to you, because to me that's a year and a half long discussion, frankly, statewide, with a lot of stakeholders.
Lots of landowners.
I'm curious when you saw the Hydrogen thing either rise or fail?
TIMOTHY: I mean, it sort of surprised me in general that it was sort of coming up, yeah.
Because it's not the kind of thing that we've talked much about in the past and it seems to be linked to legislation at the federal level and money that's available at the federal level, to encourage these kinds of developments and transition to this kind of energy source.
You know, this is one of those things that citizen legislatures have a very hard time dealing with, because it's extraordinarily complex.
And, when you have a situation like this, we, even on things that, you know, we say payday.
Here's an example, sort of, the payday the payday lending act.
We've talked about that for years and in terms of the complexity of that relative to a transition of sort of energy to this this new Hydrogen Hub concept, the complexity of the payday lender bill, that's not that complex, compared to what we're talking about here.
And, we talked about that, or we talked about that for a long time.
And so, you know, this is just going to need, it's going to need more time.
It's going to be, going to need more thought.
There's gonna, there's a lot of stuff that just happens, has to happen outside of the legislative, legislative session, given the nature of our sessions.
And that, if that doesn't happen, that's really, it's really difficult to produce success on things in a 30-day or a 60-day session.
How do you even have that kind of a conversation about generational energy change without a full-time legislature.
I really don't know how you can even possibly have it, because you can't, you can't you can't fill in the gaps with interim committees, you know in road shows and zoom meetings.
I mean, we're talking about a commitment to a form of energy here.
It's amazing, right?
And so, and what you've got in, you know, certainly the rural parts of this state with regards to these, you know, Hydrogen Hubs and, sort of, the jobs and economic development that's going to happen, you've got an immediate concern, right?
And so there's a lot of support for it in those places, because it's immediate.
It's something that we think is going to help with jobs.
It's going to help with, you know, that it's immediately going to help the transition from coal-fired plants and so forth, that are being shut down or powered down in some sense to, excuse the pun, but that's immediate.
But then, there's these longer-term things that have to do with with climate change itself and we say, "Well, climate change is," and even there it's, like, is it a longer term thing?
It's not, right, because we're in a climate crisis.
And so, you've got people saying, right, this is a crisis and we want to do this about it.
You've got other people saying well our immediate needs are this and they don't, they don't always drive.
GENE: So, it is hard and you know you mentioned you mentioned earlier, coalition building.
And I have to wonder if this Hydrogen Hub deal exposed a rift in the Democratic Party, that we might not have given enough credence to then the rift naturally exists as we know it, environmentalists, you know, versus the very center of the Democratic Party that might lean a little towards business.
That's always been there, however something seemed a little more vigorous from the environmental side and it was almost as if the the folks that wanted this Hydrogen deal had even never even talked to them, for God's sake.
It was an amazing thing.
I'm curious your sense of the opposition and how it shaped up within that party, the politics there.
How do you see that?
TIMOTHY: Again, I think it's, I think there's, you know, there's just a real difference between, sort of, you know rural Democrats and kind of the needs that are connected to sort of economic development.
And these, you know, the day-to-day sort of existence versus more progressive Democrats that may be representing urban areas that have a different kind of, you know, just are going to have a different take on this.
And so, yeah, I think it does expose that rift.
It's not like that, as you said, Gene...
It's not like we don't know that that's there.
It is, but these kinds of issues, especially, you know, when you got things that you know again are sort of immediate, you know, bread and butter kinds of issues in one part of the Democratic coalition and people that you know, the Democrats that are representing those folks, versus another, yeah, you're gonna see it.
And so, it's gonna take some effort and time to negotiate those differences, to come up with something that's gonna be palatable for both sides.
GENE: Let's talk about crime.
Obviously, that was the big issue going into the session and by the Governor's own word and deed, of course, but again something seemed to go a little hinky in the process.
And, we had a lot of movement.
We had, boy, there was the use of moving, you know, content between bills, which happened with the Voting Rights Act and the Crime Bill, but for the crime bill specifically, I'm curious, from your point of view where you think the public might be sitting, currently, watching what didn't come out of Santa Fe, with so much noise of going into Santa Fe, for this session about crime.
Even knowing, you know, legislators have a difficult task on this.
What's your sense of how the crime thing shaped out?
TIMOTHY: I think they've done a lot of good.
I mean, I think they've done a lot of really good things: recruitment and retention pay is a good thing.
I think the issue around, you know, ankle ankle monitors, I think that's a very good thing, but the most visceral thing, with regards to the to the crime challenge, is when, you know, people get released.
People who are, you know, where the allegation is that they've committed a violent, a violent crime.
And, they get released.
They get pre-trial release and they do something else.
I mean, that's the visceral kind of thing that really gets people angry and looking at the system and saying, "How do we ever move forward?
How do we ever address the violent crime problem in big metros like Albuquerque?
How do we ever do that, if we can't hold people?"
And so, you know, as a public policy, as well as a, so there's a policy debate on this that says well, you know, that's really not the problem, right?
That's really not the problem.
The problem is we need to be able to arrest people and we need, we need punishment to be swift.
We need that, you know, we need to be able to do that.
We need to more effectively, you know.... we've got to be able to arrest people.
And then, have a speedy trial and all that, you know?
That's sort of, that's the... there's, so there's this policy issue, but in terms of the politics of it, the visceral thing is is going to be more, it's going to be more important, right?
Because there's, right, sort of, heady kind of policy debate that's probably correct on the merits, but again, there's this, there's a visceral, kind of, political issue around, you know, releasing people who are, you know, where the allegation is that they've committed a violent crime, right?
GENE: I have to agree, it is visceral.
You can almost picture it, if you're a regular citizen.
Are there political implications this election season for Democrats on crime, in your view, Dr. Krebs?
TIMOTHY: Well, I think, you know, the history of political parties in the United States and, I think, voters perceptions of the political parties on the issue of crime is that the Republicans, sort of, own the issue of crime and law and order.
And, Democrats do not.
So, you know, one of the things I think is, I mean, I don't, of course know this for a fact, but certainly in the politics of an election year, like this, Democrats are trying to get out in front of that particular political dynamic, where, you know, the Republicans may be saying, "Look, you know.
Don't elect Democrats, because look what happens when you do that."
In places like Albuquerque and other big areas where, you know, Democrats are in charge, we've got a Democratic Governor.
We've got a Democratic legislature and the crime problem's out of control.
So, yeah, they may be on the defensive on this question come the fall.
They have the, they have their, there are things that they can point to of a bipartisan nature that came out of this session, but again I think that one big one, right... the most visceral one, that's still out there.
GENE: Yeah, very much so.
I agree with that.
Would it be your sense that there's a possibility of a special session regarding crime?
Would that be politically a good move for Democrats, based on what came out of the session?
TIMOTHY: I would say probably, no.
I don't know if, you know, I don't know if there's any, I didn't, I don't have a sense that there's there's any room for moving forward on that core issue.
If they were able to figure something out fairly soon, then yeah, you know, that might be something that would be advantageous, certainly, for Democrats this cycle, especially the Governor.
If they could work on something and get it passed, some kind of compromise that would allow, you know, the folks who are concerned about some of the civil liberties issues involved here, and, of course, the issue of stopping violent criminals, you know.
If there's a compromise on that, then I think it would it be to the benefit of Democrats for sure, GENE: Well, there is some risk, certainly.
I can hear it sort of in the background of what you're saying that if they do go to a special on crime and at the back end of it, come up with something that's really not that satisfactory, there's political implications there for an election season as well.
I would imagine absolutely.
TIMOTHY: Absolutely and especially good, sorry, that's good to say.
Politicians are sort of naturally risk averse.
Well, it would be the lone spotlight.
You wouldn't have any other legislation to hide behind.
Literally the whole focus would be from the entire state on crime and you got to deliver.
So, it would be a make or break moment, for sure.
GENE: I'd have to agree with that, absolutely.
I think, hence I think you're right.
I don't think you're going to see a call for, all right, for a special.
That's for sure.
Hey, we had an interesting turn of events, certainly with Speaker Egolf announcing his resignation.
The timing was certainly interesting.
None of us really know why.
I'm sure he'll let us know at some point what the actual, if there was actual reasoning behind it, but on the politics-side of it, going into an election year... And, we're not gonna do predictions here, because it's just too far away, but I'm curious, in the climate that we're in, if there's a certain type of a personality, politically, that might work right now, you know?
What I mean, because you mentioned earlier, in sort of a law and order phase of life, I mean, all that kind of thing... Any sense of that, what type of person in leadership would work at this point?
TIMOTHY: Yeah, I mean, it's really hard, you know.
The, sort of number, it's really hard to sort of to think about this.
You know, sort of down the road, I mean, the climate, I mean look what we did this session, you know?
We're spending 14 percent more, but we're cutting taxes, you know.
We didn't get, we didn't get voting reform.
We didn't get the environmental stuff.
They got some stuff on crime, you know.
That's an indication that, you know, that either, you know, that sort of more conservative forces in the legislature may be, you know, moving ahead.
That they're achieving some success, as far as the leadership.
A leadership decision, on the House side, you know, the number one, the number one goal of leadership is really to sort of keep peace in the family, so to speak.
So, having somebody in that role that can bring together, you know, the different sides, different facets of the Democratic party in the House, the Progressives and the more conservative interested having somebody that's important, that will be important going forward.
But, then, there's, you know, the numbers and so you've got more, sort of, progressive Democrats representing the rule, the urban areas.
These would be the Democrats in the rural areas.
So numbers-wise, I think that, you know, would suggest that there's going to be somebody who's, you know, kind of along the lines of Brian Egolf or a little bit to the left.
GENE: Interesting point there.
You know, I gotta wonder if there's gonna be pressure at some point to have a more rural based legislator in that Speaker position.
If there's any advantage for the party, given the times...
I don't know, personally, one way or the other, but do you have a sense of that?
If a rural legislator to be in that Speaker role, would make an appreciable difference in the body right now?
TIMOTHY: Well not, right, I mean, I don't... not right now, I mean, because we've just concluded this session and then we'll have elections in the fall.
So, I mean, it would, it'll depend upon what sort of the, you know, what the policy mood is heading, coming out of the election and, sort of, where we think we want to go.
That'll be a really important thing that will, I think, influence the selection of the next Speaker.
The other thing I noticed that, you know, you could you could elect a Progressive Democrat in the role of Speaker and, you know, just being in that role, it doesn't, that doesn't mean that everything that's coming out of the leadership's office, the leader leader's office is going to be on the progressive end of the spectrum, because they change in the role.
I mean, they, once you're in the role, then you're confronted with, "Oh yeah, I've got to lead this caucus."
Not just caucus and you know that that can change how people behave otherwise.
And so, that's, I think that's an important thing to to consider as we move forward.
Leadership is, being in a leadership role is a different thing than being in a normal legislative role.
GENE: That's right.
Another little point there too, I appreciate your sliding up the timeline there.
I sort of misspoke there, but you're right, it'll depend on who the Governor is, of course, as well and that'll set a tone as well.
TIMOTHY: If the Governor holds, that's one thing.
If she doesn't hold, that's a whole other decision point for a leader role, because now you can get anything done.
You're gonna have to have somebody who can, who can negotiate with somebody from the other party.
And, that's right.
And in this climate that's a difficult thing.
We're not as polarized as the nation as a whole at the state level but you know it's moving in that direction.
So, it'd be really, really difficult if somebody from the other party gets gets control.
GENE: Yeah, I think it's pretty clear, right?
There is a lot of shifting sand right now, but speaking of the Governor, she dropped a bit of a bombshell in that post, the press conference following the legislative session, regarding masks, in dropping the use of masks.
And, I found it interesting that she chose to say it was not a political decision, or politics didn't really make a data point in her decision.
I don't know about that.
Something, it's a part of me, you know, is there any downside, politically, you know, to ending the mask, to mask, you know, mandate, at this point?
What's the politics behind it?
I'm curious in your, about your thoughts there.. TIMOTHY: Well, you know, I noticed that too, in the press conference about, it's not, there's not a political decision.
And, you know, anything a politician does is political.
I mean, it's right.
They behave politically, right?
And that's okay.
The thing is that that's okay.
That's what they do.
That's their job and so, you know, every, people always about... is that politically motivated?
Of course it is.
I mean, because there are politicians and that's okay, you know.
There's information, though, that she has at her disposal and information is suggesting that, you know, doing this is a reasonable course of action.
And she's, now got some precedent with other Democrats in other parts of the country, other Democratic governors and other other states that are lifting the mask mandate.
It was set to expire in early March anyway, so we just moved it up a few weeks.
You know, the downside for the Governor would be if there's a, you know, an additional spike and we moved too quickly to remove the mask mandate.
I mean, that's... and that is like, "Oh, the Governor can't get a handle on this issue."
And it's a disaster and we've got crime out of control," and so it's, you know, so it's risky.
It's risky some, but um on the other hand it will make people who haven't been her biggest fans happier, you know.
So, in that sense.. GENE: That's right.
Let's finish what we started and I appreciate your time today.
That's for sure we're talking with Dr. Timothy Krebs from the UNM Poli Sci department, where he is a professor there.
And, I want to just finish with the length again, the length of time that we dedicate ourselves to this, with our legislative session.
In your mind, Doctor, is it a full-time legislature or bust, or would six months work, would 90 days work?
Your, in your scenario, can we sneak up on this somehow?
What would be optimal for you?
TIMOTHY: Yes, we certainly can sneak up on this.
It doesn't have to be there, I cannot imagine a scenario in which we decide as a state to change our system to look like California, which is essentially, the California legislature is essentially like the United States Congress, in terms of its level of professionalization.
So, no, I don't see a scenario as we ever go to that model.
We, you know, we don't have a population, we don't have, we don't have the, we don't have the need for that.
So, yeah, I could see something that moves us in the direction of kind of a hybrid model between a citizen legislature and a more professionalized one.
And, you know, increasing the length of the session is something I think that would be beneficial, but the other thing that would be probably even more beneficial is to increase the number of staff that work in the legislature, because what the legislature lacks most of all, in my judgment, is, it lacks that capacity to handle big complex issues.
And this is not, I'm not, this is not a knock on our state legislature legislators at all.
I mean, they're very bright, hard-working public servants, you know.
And, hats off to them, but it's just a kind of impossible task really to do the kind of work we expect of them in these short sessions, without that sort of staff capacity to help them sift through the complexity of these things.
And all the nuances and potential consequences of legislative action, I mean, so that's why... GENE: I couldn't agree more.
As a former congressional staffer, it really does come down to staff.
They do everything.
Not everything, everything, but you know what I'm saying.
You cannot expect people who are running businesses, running farms, running you know, to sit down and dedicating themselves to hacking through every day, you know, these incredibly complex things, like you're saying.
Yeah, I gotta think that has a possibility of a chance.
Dr. Krebs, we have the money now literally to start paying for professional staff don't we?
TIMOTHY: Well we do.
I mean, you know the budget, the budget's really grown tremendously.
I mean, I can remember a time when it was like, you know, five point eight billion dollars and then it was like 6.2 billion dollars, you know.
It sort of stayed that way forever.
Now we're up over eight, so it's kind of like eye-popping in some ways.
Yeah, I think it's there and, you know, I think it would be very good and we're not talking about... there is staff, right?
There's the Legislative Finance Committee staff.
They do, they're brilliant.
They're doing a tremendous job.
Let's, you know, Education Study Committee, Legislative Services, they do tremendous work, but what we don't have is that sort of personal, individual staff for individual legislators.
Help legislation to formulate it, run interference, you know, talk to people, develop coalitions, compromises, information gathering.
GENE: So that's, comparisons to other states data, we need a lot of data going into any big decision.
All that stuff just stuff that they do and I couldn't agree with you more about the California system.
I grew up in a state that had a full-time legislature and, honestly, at times it just acted like a Triple-A farm, you know, team to the U.S. Congress, right?
Honestly, that's what people were there for, was that the showboat their way into the Congress and we're not looking for that here.
We need, we need problems solved.
TIMOTHY: Like you, I was a, I'm a former staffer, too, in the California Legislature.
I decided to do this, so I, you know, I saw that up close, you know, just the the work that was done and and just the complexity of stuff.
So, yeah, I mean that's right it's amazing you have four people behind the scenes working 80 hours a week and we think we can have this part-time legislator do the same thing on their time.
It's not going to work.
GENE: Dr. Timothy Krebs from the UNM Poli-Sci Department, where you're a professor.
Thank you so much for your time on this.
I realize it's very difficult to follow up a session almost immediately and have some opinions formed on it, so we really appreciate you taking a walk with us here and in doing, doing the thing here on New Mexico PBS.
TIMOTHY: Thank you very much.
GENE: We'll check in with you again on that and folks, tonight at seven o'clock, we're gonna have some coverage with some reporters from all over the state to talk about what happened on the session as well.
So, we'll see you tonight at seven o'clock.
Dr. Krebs, thank you so much.
We'll see you next time.
Have a great weekend.
TIMOTHY: Thanks for having me.

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