GAMING COMPACTS OK'D, MOST DRUG REFORMS NOT

The Legislature packed its bags and left town Saturday after adjourning at
noon from a 60-day legislative session jam-packed with hundreds of bills -
most of which, as usual, failed to pass.

The session was Gov. Gary Johnson's last chance to win approval for a
broad-based agenda. But his signature issues of tax cuts, school vouchers
and an overhaul of state drug laws were mostly thwarted by the Legislature.

Next year's 30-day session - the governor's last - is to be devoted
primarily to budget issues. Johnson can put other bills on the agenda, but
it's more difficult to get substantive legislation passed in a short session.

Major accomplishments of this year's session include a massive expansion of
funding for statewide school-construction projects, a five-year delay of
electric deregulation and proposed new state/tribal compacts for Indian
casinos.

Notable failures include most of Johnson's drug-law changes, Democrats'
attempt to create a system of public campaign financing and attempts to
stiffen penalties for repeat drunken-driving offenders.

Among the major issues were:

Education reform:

House Democrats on Saturday said their biggest achievement this session was
the school-reform package.

However, Johnson says the price tag on the package is too high - though he
stopped short of saying whether he would veto the legislation.

Key pieces of the school package include a new system of licensing teachers
and an increase in minimum teacher salaries statewide. The proposed school
overhaul would cost about $300 million once it is fully implemented in
2004-2005.

Johnson said there's no money to cover that big an expense.

The most costly proposal is the teacher-salary plan, but money won't be
needed to begin implementing that for at least two years - after Johnson
leaves office.

It would establish three levels of experience and set minimum salaries for
each: $30,000 base salary for a first-level teacher, $40,000 for a
second-level teacher and $50,000 for a top-level teacher. State law now
sets a minimum salary of $22,000, but local school boards determine pay
levels above that.

Starting teachers would be required to pass a test to help demonstrate
their competency and would need three years of experience before they could
move up to the second-level license.

The package includes new testing of students, expanded writing programs, a
competency-based licensing system for teachers and a new career salary
structure.

Concealed handguns:

Following a series of late-night maneuvers that sometimes resembled a game
of Ping-Pong, the Legislature was able to get a bill to the governor's
office allowing people to carry concealed weapons.

The bill allows people over 21 to carry loaded handguns if they take a
training course, pass a background check and obtain a $100 license.

Supporters of the gun bill said it would help reduce violent crime because
criminals wouldn't know who was carrying a gun. Opponents said concealed
weapons would increase violence and accidents, especially among children.

A few minutes after midnight Friday, the state Senate voted 24-17 to accept
the House version of HB277. On Friday night, the House had rejected the
Senate version in a vote that climaxed with an angry bill sponsor, Judy
Vanderstar Russell, R-Rio Rancho, raising her voice at House Speaker Ben
Lujan, D-Nambe, and demanding, "Play by the rules, Mr. Speaker; play by the
rules."

The chief difference between the House and Senate versions of the bill was
that the House version includes a provision to allow local governments the
option to keep the prohibition on concealed weapons.

Gov. Johnson said he expects to sign the bill, though he said Saturday,
without elaborating, that he believes it is flawed. Trigger locks

The other major gun bill to pass both houses was the trigger-lock bill
(SB131), approved Friday by a three-vote margin in the House.

Supporters say the legislation would help protect children and prevent
accidental deaths from firearms.

Opponents argue that the bill will accomplish little because nothing forces
people to use a locking device after leaving a gun store and that some
trigger locks are unreliable.

The bill would require licensed gun dealers to provide safety locks when
they sell firearms, including handguns, shotguns and rifles. If a safety
lock cannot be attached, the dealer must put the weapon in a locked box or
container.

Johnson said Saturday he would consider signing this bill.

"Maybe this saves lives," Johnson said. "Maybe this is something that is
going to happen everywhere in the country and ought to happen in New
Mexico, too."

Drug reform:

Out of the eight drug-reform bills that Johnson wanted passed, only three
made it all the way through the Legislature. But Johnson said Saturday that
he might ask lawmakers to consider another "medical marijuana" bill in
September during the special session that will be held to draw up new
legislative districts.

The three bills that did pass were:

SB320, sponsored by Sen. Roman Maes, D-Santa Fe, which would allow licensed
pharmacists to distribute hypodermic syringes to drug addicts. The bill,
backers said, would reduce the spread of contagious diseases - including
HIV and hepatitis - caused by using dirty syringes.

HB813, sponsored by Rep. Patsy Trujillo Knauer, D-Santa Fe, which would
eliminate civil and criminal liability for an individual who administers an
antidote for heroin overdoses, such as naloxone or Narcan, under certain
conditions.

For example, police officers could administer the antidote if they acted in
"good faith" because they thought someone was experiencing a drug overdose.
The measure also would allow licensed health-care professionals to
prescribe naloxone without being subject to civil liability or criminal
prosecution.

SB628, sponsored by Sen. Ben Altamirano, D-Silver City, would provide $9.8
million for drug-treatment and prevention programs.

Both houses also passed similar "medical marijuana" bills, which would have
established a state program to allow patients to use marijuana to treat
certain serious medical conditions. However, neither bill was passed by
both chambers.

The medical-marijuana measure that came closest to passing was HB431,
sponsored by Sen. Joe Thompson, R-Albuquerque, which was to have been
considered by the Senate on Saturday following action on the tax-cut bill.

However, the clock ran out even before the Senate got to consider the
latest version of the tax-cut bill from the House.

Senate Majority Leader Timothy Jennings, D-Roswell, said he did not want to
consider the medical-marijuana bill early during the final day because
"there would have been lots of discussion" and any one senator could have
held up proceedings for the rest of the session so other issues could not
have been dealt with.

Johnson said that even though he is disappointed he will not be receiving a
medical-marijuana bill, he was happy the bills made it as far as they did.

Health Secretary Alex Valdez, who appeared at several committee meetings
for medical marijuana, also expressed disappointment. "But we were able to
get bills passed in both houses with bipartisan support," he said.

Citing a recent poll that showed nearly 80 percent of New Mexico voters
favored the idea, Valdez predicted the bill would be back.

DWI:

Anti-drunken-driving activists were sorely disappointed at the failure in
this session of DWI bills aimed at habitual offenders.

On the day before the end of the session, Sen. Joe Carraro, R-Albuquerque,
complained that his SB306 had been stuck for several days in the House
Judiciary Committee.

The bill would require judges to apply the state habitual-offender law to
felony DWI cases. Under the "habitual offender" sentencing scheme, one year
could be added to the basic 18-month sentence for a fifth conviction, four
years for a sixth and eight years for a seventh.

Carraro noted that even liquor-industry lobbyists had testified in favor of
his bill.

However, House Judiciary Chairman Ken Martinez, D-Grants, said Saturday
that he thought Carraro's bill was "Draconian."

"Here we are discussing lower penalties for drug offenses, but we're
putting drunk drivers in jail for eight years?" he said.

Martinez had a bill of his own with more modest increases in sentences for
multiple DWI offenders. However, that bill never made it through the Senate.

Another measure, SB447 - Sen. Kent Craven's bill that would require all
first-time DWI offenders to install ignition interlocks in their vehicles -
passed the Senate but died in the House.