Rio Grande Foundation
Rio Grande Foundation president Paul Gessing recently sat down with KOAT Channel 7 to discuss the recent “no-strings-attached” made by Albuquerque’s City Council to Planned Parenthood.” Whatever one’s views on abortion, it is hugely problematic that City Council has “donated” $250,000 to an activist political organization that actively involves itself in political campaigns.
Story linked above.
We all know prices are skyrocketing as inflation takes hold of the United States economy. We also know that the State of New Mexico and City of Albuquerque have massively increased spending in their latest budgets (well beyond the rate of inflation).
Unfortunately, that doesn’t mean that government, especially the City, is interested in keeping overall costs and fees down for those paying the bills. RGF’s Paul Gessing spoke to KOAT Channel 7 to discuss the increased costs on your water, trash, and power bills.
The following opinion piece ran in the Santa Fe New Mexican on April 22nd, 2022. The piece also ran in other newspapers throughout the state.
New Mexico is in a unique economic situation. Despite having the highest unemployment rate in the nation for all of 2022, our incredibly strong oil and gas industry, buoyed by high prices and rapid production growth, have given politicians in Santa Fe “more money than they know what to do with.” So, in the recent 30-day session, we saw spending grow by more than $1 billion and some significant tax cuts. Then, in a special session, rebates to be paid out to taxpayers and non-taxpayers alike.
The impetus to return money generated by the oil and gas industry to New Mexicans is welcome, but there are serious questions about the legality and logistics of handing out checks to those who don’t pay taxes to the state. Furthermore, asking the Tax and Revenue Department to hand out cash “only” to those who deserve it is an unenviable and impossible task that also seems to violate the state’s anti-donation clause.
But, after three years of Gov. Michelle Lujan Grisham and the Democrats raising taxes, it is hard to complain about getting money back.
Of course, this is an election year, and by all accounts, Democrats, including Lujan Grisham, face a challenging political environment. Rising inflation is never popular. And, as COVID-19 concerns wane and voters consider Lujan Grisham’s record in fighting it as balanced against economic concerns and their children’s educations and mental health, her record appears wanting.
A recent report from the National Bureau of Economic Research found that only New York and New Jersey performed worse than New Mexico did during the coronavirus pandemic. Considering that New Mexico’s economy remains weaker than our neighbors, that our kids missed more school and faced big declines in reading and math, and that none of this caused New Mexico to have particularly good COVID-19 outcomes in terms of lost lives, only lends credence to the report.
In the absence of a strong track record on these core issues, the governor clearly plans to use handing money generated by oil and gas for her political benefit. That may aid her reelection chances, but nothing she and the Legislature have done to date will improve New Mexico’s overall economy which remains challenged.
The fundamental economic problem New Mexico faces is its unattractive business climate. Addressing the gross receipts tax and its “pyramiding” and taxation of services as business inputs has been discussed for years now, but it is time to seriously consider bolder economic reforms like reducing or even phasing out New Mexico’s personal income tax.
Indeed, the personal income tax is expected to generate just over $2 billion in fiscal year 2023. That’s a lot of money, but New Mexico is in a financial position to reduce income tax rates over time. Combined with business-friendly gross receipts tax reform, modest budgetary restraint (annual spending simply can’t grow by 15 percent) and a focus on truly diversifying New Mexico’s economy could allow New Mexico to become income-tax-free.
Nine states already lack an income tax. Most New Mexicans know that Texas with its prodigious oil supplies does not tax personal incomes, but most other states lacking income taxes have nothing like our oil and gas revenues. Florida has no income tax. Same with Tennessee and South Dakota. New Hampshire has both no income tax and lacks a sales tax. None of them has significant oil revenues.
New Mexico has suffered economic and social mismanagement over the last few years. Record oil and gas revenues are helpful, but as New Mexicans contemplate the coming elections, it should be more apparent than ever that more spending has not and cannot solve the state’s social ills. It is time for genuinely bold solutions.
New Mexicans simply can’t allow this oil and gas-fueled opportunity to pass.
Paul Gessing is president of New Mexico’s Rio Grande Foundation. The Rio Grande Foundation is an independent, nonpartisan, tax-exempt research and educational organization.
A slightly shortened version of this opinion piece was published in the Albuquerque Journal on March 20, 2022. A chart illustrating Albuquerque’s spending is found below the text.
Elections have consequences. After four years of “progressive” leadership by Mayor Keller and a left leaning city council, the election of November 2020 saw a more center-right Council. While much attention was given to the fact that Tim Keller was reelected by a wide margin despite the City’s spiraling crime problem, Albuquerque voters didn’t actually vote for the status quo.
Now, we are starting to see a shift toward a more moderate approach to the issues from City Council. Better legislative proposals are in the pipeline, but with a 5-4 majority and a hostile mayor, getting these ideas past the finish line will be a challenge requiring grassroots support.
A starting point is reducing gross receipts taxes. Back in 2018, shortly after taking office, Mayor Keller and the new “progressive” council majority raised the (regressive) GRT by 3/8th of a cent. This was a major tax increase considering that the City’s overall GRT “take” before the tax hike was 2.375%. That made Keller’s tax hike a nearly 9% increase in Albuquerque’s rate.
And, not surprisingly, that tax increased led to rapid spending growth in the City’s budget. Even when the annual budget freeze in the 2021 budget due to COVID 19 is included, the City’s budget is up 27 percent under Mayor Keller.
Unfortunately, when the City Council met recently to discuss Councilor Lewis’ plan to cut just 1/8th of a cent off the GRT (not the full amount added in 2018), Keller’s Chief Financial Officer Sanjay Bhakta claimed “this is the worst time possible” to cut taxes.
Considering that, among numerous other wasteful spending programs, the City has just undertaken a $3 million plan to make City buses “free” to riders (that’s on top of millions in annual transit subsidies), it would seem the City could do something to help residents who continue to be pummeled by rising inflation. Unfortunately, it seems that Mayor Keller and his Administration remain opposed to this reasonable tax reduction.
There are other exciting efforts underway to move Albuquerque in a more pro-freedom direction. The big question is whether Keller will stand in the way of everything or if he’ll choose his battles. For example, Councilor Bassan has proposed ending the City’s plastic bag ban which recently passed City Council.
The unnecessary and environmentally irrelevant ban on plastic bags makes daily life more difficult for thousands of Albuquerque residents. Those bags are often reused and can be recycled. They are hardly the environmental problem their opponents claim. According to Our World in Data, the entire continent of North America generates less than 1 percent of the “mismanaged plastic” on the planet.
If Keller and City Council really want to address the City’s serious litter problem, the legions of transients begging on street corners, camping throughout town, and leaving trash behind wherever they go would be a better place to start.
While a number of other important issues are being discussed at City Council that, if adopted, will move our City in a positive direction, no effort highlights the ideological shift better than the effort to restore market forces in public construction projects. Immediately after the 2020 election, a bill was rammed through Council by liberals and the trade unions to mandate that public construction projects use union labor.
Estimates are that such unfair laws called “Project Labor Agreements” boost taxpayer costs by 14 percent. A bill is now working its way through the current Council to repeal that law and instead allow all workers and contractors regardless of union membership to bid for city construction projects.
Albuquerque is a great and beautiful city, but its management has left a lot to be desired in recent years. The current City Council is standing up to big government and special interests. They deserve your support.
Paul Gessing is president of New Mexico’s Rio Grande Foundation. The Rio Grande Foundation is an independent, nonpartisan, tax-exempt research and educational organization dedicated to promoting prosperity for New Mexico based on principles of limited government, economic freedom and individual responsibility
The Rio Grande Foundation uses its “Freedom Index” vote tracking site to hold New Mexico legislators accountable for their stances on individual freedom and personal liberty. We have rated all bills that impact individual freedom that received floor votes for the 2022 session and thus the current Index results are “final.”
Every bill receiving a score is rated on a scale from -8 through +8 depending on its overall impact on YOUR personal freedom. In the 2022 session the most impactful vote (-8) was on SB 14, the Clean Fuel Standard. A full analysis of that bill can be found here.
The BEST bill voted on this session was HB 163, that is the bill which includes several tax cuts (RGF analysis of that bill here). It received a +4 rating in the Index.
Rep. Stefani Lord (R) who represents parts of the East Mountains of Albuquerque scored a 45 which was the highest rating of the session.
Rep. Randall Pettigrew (R) who represents Lea County scored a 43 which was good for the 2nd-highest rating of the session.
Sen. Craig Brandt (R) who represents Rio Rancho scored 33 which was the highest rating for any senator (the Senate and House vote on different bills and the House typically takes more votes and thus has higher and lower scores).
Sen. Antoinette Sedillo-Lopez (D) who represents parts of Albuquerque scored -66 which was the lowest rating for any member of the Legislature.
The following appeared in several newspapers in the wake of New Mexico’s 2022 legislative session including the Carlsbad Current-Argus on February 23, 2022.
The 2022 30-day legislative session could have been much worse. It is no secret that we at the Rio Grande Foundation have disagreed with most of Michelle Lujan Grisham’s major efforts as Governor. She surprised many of us in her State of the State speech when she proposed elimination of the Social Security tax in New Mexico.
After three years of ruling as a hard left “progressive,” the Governor’s change of tune heading into the 2022 session was notable. Is her move solely due to her impending reelection? We’ll never know, but it is a welcome shift.
The most notable good legislation that passed this session was the tax cuts (HB 163). Unfortunately, the Social Security tax was not completely eliminated, but it will no longer apply to a vast majority of taxpayers. As a bonus, military pensioners received a break on their pensions for at least the next 5 years.
The State gross receipts tax rate will be cut under the tax reform package (barring a drop in state revenues) and a small child tax credit was added. Finally, the Legislature acknowledged that gross receipts tax pyramiding on business-to-business service inputs is a problem, but they only addressed the issue for manufacturers.
These tax cuts, if fully enacted, will reduce tax revenues by $400 million or so annually, are dwarfed by the massive increase in government spending. Spending rose by $1 billion this year alone.
All of this is thanks (mostly) to the booming oil and gas industry which shows no sign of slowing down, but money being printed up in Washington also played a role. Of course, while the Gov. will tout the raises for government employees in general and teachers specifically, with the current rate of inflation, those raises won’t be as helpful to families’ bottom lines.
Numerous bad bills were considered during the session that (thankfully) died. Most notable among these was SB 14 the “Clean Fuel Standard.” While rising gas prices have contributed to the State’s budget surplus, for average New Mexicans high gas prices are just another sign of inflation. Given those high prices it was a shock that Lujan Grisham made it her mission to pass this legislation, which would have increased gas prices at the pump by 35 cents/gallon.
The bill became even more confusing when, in the waning days of the session, an amendment was added to keep the San Juan Generating Station coal fired plant in Farmington open through next summer. PNM which owns the plant is nervous that it won’t have enough electricity to keep the lights on when the plant closes in June to comply with Lujan Grisham’s 2019 “green new deal” legislation.
Thankfully, with only hours to go in the session, SB 14 died on a tie vote in the House.
Another bill that, thankfully, died was the so-called “election reform” bill. Starting out, this bill was SB 8 and it had straight party voting, a “permanent” absentee voter list, allowing 16 and 17 year olds to vote, and, most outrageously, a provision allowing mailed ballots to be collected as late as the Friday after the Election Day.
Through a series of amendments and changes the election reform bill became SB 144. It was still problematic due to the unnecessary loosening of voting rules, but it died on the Senate floor as time expired.
Plenty of bills never received a floor vote. The Democrat-dominated Legislature (again) failed to restore a seat at the table for itself in emergencies. On the positive side of things, Las Cruces Sen. Bill Soules’ absurd SB 204 which would have appropriated $1 billion as part of a down payment on a high-speed train from the border with Mexico to Colorado, went nowhere as well.
This session could have been a lot worse. But, a moderately-successful 30-day session with November’s elections staring the Gov. in the face does not an ideological shift make.
Paul Gessing is president of New Mexico’s Rio Grande Foundation. The Rio Grande Foundation is an independent, nonpartisan, tax-exempt research and educational organization dedicated to promoting prosperity for New Mexico based on principles of limited government, economic freedom and individual responsibility
In the wake of Gov. Lujan Grisham’s State of the State address, Republican House Minority Leader State Rep. Jim Townsend, said that during the speech he thought the governor “almost became a Republican.” He’s not wrong.
After three full years and legislative sessions (not to mention multiple special sessions and the constant invocation of her “emergency” powers) of governing as a hard left “progressive,” the Gov. seems to be tacking to the center in advance of her reelection bid this fall. This may be both good policy as well as good politics.
Specifically, in her State of the State address Lujan Grisham announced that she wants New Mexico to stop taxing Social Security. New Mexico is one of just 13 states in the nation to do this and bi-partisan efforts have been made in recent years to eliminate or vastly reduce the tax.
Her support for repeal is welcome, but many “progressives” in her own party seem skeptical. As of this writing one Social Security tax repeal failed on a tie vote in the House Labor Committee. Only one Democrat and three Republicans endorsed the idea. So, Social Security tax repeal is by no means a “done deal.”
This is true even though the state has plenty of money, as evidenced by the Gov.’s ambitious budget which contains a 13.5% spending increase over last year. The $80 million or so in “lost” revenue from ending the tax is a drop in the bucket when compared with the flood of new revenues. This is a flood that seems likely to continue with high oil prices and record production in the Permian Basin. So, New Mexico has plenty of money to cut taxes. In fact, the Gov. and Legislature should be looking for ways to use this flood of new money to both cut and reform taxes in ways that help diversify the economy.
While the decision to eliminate the Social Security tax is welcome, this is not the first time the Gov. has had a large surplus (or budget increase) available. In her first year in office (2019) the budget grew by 11 percent while increasing several taxes including taxes on car sales and hospitals. Bipartisan Social Security tax elimination bills have repeatedly been proposed since then. It certainly seems like the Gov.’s decision has a heavy dose of election year politics. There’s nothing wrong with that, but it is worth noting.
To her credit, the Gov. seems inclined to eliminate the Social Security tax without raising other taxes as one bill introduced this session would do. With the kind of money available, it is hard to justify raising taxes to make up for the small loss of revenue. Worse, a “revenue neutral” bill, introduced by Sen. Bill Tallman, would increase regressive tobacco taxes to make up for “lost” revenue.
Eliminating Social Security taxation should be a straight tax cut for the benefit of New Mexico seniors and those who might consider moving to New Mexico but see our State as “unwelcoming” for retirees due to our tax policies.
This legislative session is indeed an opportunity for the Legislature to “be bold” by enacting transformative policy changes. Reforming the broken gross receipts tax to eliminate taxation of services remains the very best way to do that. However, eliminating an unnecessary tax that makes New Mexico unattractive as a retirement destination is a worthwhile goal and we are hoping for the best and stand ready to support proponents of Social Security tax repeal this session.
Paul Gessing is president of New Mexico’s Rio Grande Foundation. The Rio Grande Foundation is an independent, nonpartisan, tax-exempt research and educational organization dedicated to promoting prosperity for New Mexico based on principles of limited government, economic freedom and individual responsibility
Despite there being A LOT of bad bills in the 2022 session even with only 30 days to consider them, there ARE some good bills. Here are some of the BEST bills introduced so far. We’ll also “handicap” the likelihood that each bill will pass:
HB 40/HJR 3: Reps. Greg Nibert (R), Daymon Ely (D), Randall T. Pettigrew (R), Stefani Lord (R), and Rachel A. Black (R). This bill/amendment would place limits on the Governor (whoever that may be) and give the Legislature a “seat at the table” in future emergencies. Unfortunately, while similar bills were introduced in the 2021 session which lasted 60 days and a recent special session, this worthwhile bill which has bipartisan sponsorship has a LOW chance of passage.
HB 48/HB 49/SB 108 These bills introduced by Reps. Gail Armstrong (R), Cathrynn N. Brown (R), Randall T. Pettigrew (R) , Candie G. Sweetser (D), Rebecca Dow (R), and Sen. Padilla (D) would end taxation of Social Security under New Mexico’s personal income tax. This issue has been around for a few years, but Gov. Lujan Grisham has said that she supports eliminating the tax. We don’t know EXACTLY what she means (like if she’ll raise other taxes to do it), but these bills DO NOT offset the tax with new taxes. MODERATE chance of passage.
HB 76/SB 85 Reps. Phelps Anderson (I), Harry Garcia (D)
T. Ryan Lane (R), Joy Garratt (D), Jane E. Powdrell-Culbert (R), and Sen. Harold Pope (D) would give a $30,000 exemption for military pensions. This bill is a worthy follow-up to the Social Security discussion, especially with New Mexico’s large number of ex-military. But, it is unlikely to happen this year.
HB 91: Reps. Rebecca Dow (R), Luis M. Terrazas (R), James G. Townsend (R), Candy Spence Ezzell, (R), and Randall T. Pettigrew would prohibit the teaching of Critical Race Theory in New Mexico schools. It is unlikely to pass this year.
HJR 11: Reps. James G. Townsend (R), Ryan Lane (R), Larry Scott (R), Rod Montoya, (R), and Stefani Lord (R) would amend New Mexico’s constitution to specifically allow school funding to flow to families to choose the education option that makes sense for them which may include private schools or home school. Zero Chance of Passage until the unions no longer control New Mexico’s Legislature and Gov.
SB 5: Sen. Bobby Gonzalez (D), reduces the Gross Receipts Tax rate imposed by the State of New Mexico from 5.125% to 4.875 percent. This WAS a top priority of the Gov. prior to the session, but when she asked the Legislature to eliminate the Social Security tax in her State of the State address she seemed to shift emphasis away from reducing GRT rates. We still believe this has a High Chance of Passage.
As of the day before the 2022 Legislature kicks off, here are some of the worst bills introduced in the session (so far). You can see the updated list of bills introduced in the session here as of January 17, 2022. More will be added. Given the large number of bills likely to be introduced, I’ll also offer a brief thought on how likely they are to pass:
HB 6, Reps. Nathan Small (D) Brian Egolf (D), Kristina Ortez (D), Sens. Siah Correa Hemphill (D), Mimi Stewart (D). Sets legislative framework for “net-zero” CO2 emissions in State of New Mexico. Likelihood of passage: High as Gov. MLG has said she wants to make New Mexico “net-zero.”
HB 11, Reps. Debra Sariñana (D) and Meredith Dixon (D). Creates a tax credit of up to $5,000 and 40% of the cost of “energy storage” systems. Likelihood of passage: High This yet another part of the push toward unreliable forms of electricity that will demand massive and costly battery storage.
HB 14, Reps. Christine Chandler (D) and Debra M. Sariñana (D). Allows local governments to issue Industrial Revenue Bonds (IRB) and gross receipts tax deductions for “energy storage” systems. Likelihood of passage: High(see above).
HB 33, Rep. Joanne Ferrary (D). Imposes massive (regressive) tax hike on tobacco consumers at a time of massive budget surpluses. Likelihood of passage: Moderate (it will hard for legislators to explain a tax hike at a time of record budget surpluses).
HB 34, Rep. Joanne Ferrary (D). Expands and extends an already-generous solar panel tax credit that disproportionately benefits wealthy New Mexicans. Likelihood of passage: High (furthers “green” agenda and benefits well-connected, wealthy solar customers and companies).
HB 71, Rep. Matthew McQueen (D) and Jason C. Harper (R). Allows taxes on residential property to rise by up to 10% ANNUALLY (as opposed to 3% currently). Likelihood of passage: Moderate (Property taxes are notoriously unpopular and it is hard to see the Legislature passing a big tax hike in an election year, even with a GOP co-sponsor).
HB 75, Rep. Sponsor Patricia Roybal Caballero (D). Sets up a state-run bank in New Mexico. New Mexico already has a robust network of banks and credit unions, the last thing it needs is a government-run and taxpayer-financed bank. Likelihood of passage: Moderate this is a concept likely to be seen as too far beyond the pale even for many Democrats.
HB 78 and HB 132 Rep. Patricial Roybal Caballero (D) is on HB 78 while HB 132 is more likely to pass and sponsored by Rep. Susan K. Herrera, Speaker Brian Egolf, Reps. Joy Garratt (D), Phelps Anderson (I) and Daymon Ely (D). Both bills create artificial limits on interest rates charged by certain lenders in New Mexico that will limit credit availability to those with poor or no credit. Likelihood of passage: High (HB 132) as this concept has numerous groups supporting and high-interest loans are misunderstood and by legislators, the media, and the population at large.
HB 126, Reps. Tara L. Lujan (D) and Pamelya Herndon (D), Creates all manner of “diversity” requirements for state government employees, creates a “Chief Diversity Officer” as well as “diversity” and “inclusion” liaisons in State government, requires an annual report on whether the State is achieving its diversity and inclusion goals. Is New Mexico State government not “woke” enough? This legislation is for you. Likelihood of passage: Moderate.
HJR 2 / SJR2 Reps. Joanne J. Ferrary (D), Tara L. Lujan (D), Gail Chasey (D), Sens. Antoinette Sedillo Lopez, (D), Harold Pope (D). Purports to provide the people of New Mexico with vaguely-defined “environmental rights” includng the right to a “clean and healthy environment and the “right to protction of the environment.” The vague provisions contained in this amendment will simply result in more expensive lawsuits and unnecessary regulations. This is a Constitutional amendment and extremely vaguely worded which might scare away supporters. Likelihood of passage: Moderate.
SB 8, Sens. Peter Wirth (D), Katy M. Duhigg (D), Harold Pope (D) Carrie Hamblen (D), and Rep. Javier Martínez (D) would “reform” voting in New Mexico by allowing 16 and 17 year olds to vote, creating a permanent absentee voter list, and permitting people without an official state ID to register to vote online by using their full Social Security number. Likelihood of passage: High
SB 21, Sen. Bill Tallman (D), Provides a tax subsidy for electric vehicles which tend to be driven by wealthy New Mexicans and is thus “regressive.” If there is one policy area where New Mexico’s Legislature loves to pour subsidies it would be for supposed “green” initiatives. Likelihood of passage: High
SB 99, Sen. Leo Jaramillo (D), Creates a new “State Transit Fund” to further funnel money from state taxpayers to failed transit projects. This is a new idea this session, but with so much money floating around there is always reason to be concerned about new wasteful spending. Likelihood of passage: Moderate
RGF president Paul Gessing recently sat down with Channel 7 KOAT to discuss the Gov.’s budget. The original interview covered a variety of issues within the budget but wound up being JUST about the law enforcement component.
While most New Mexicans, especially those in crime-plagued Albuquerque, support the hiring and retention of law enforcement, Gessing was actually referring to the fact that Gov. MLG’s budget has a “slight” increase in funding for Department of Corrections while the Legislature’s budget CUTS funding. The assertion is that New Mexico’s prison population is declining and therefore less money is needed.
It is all well and good to cut funding for corrections, but with violent crime at record levels in Albuquerque, it would seem like violent offenders should be filling up those prison cells…but perhaps the courts are not doing THEIR jobs? Either way, that conversation was left on the proverbial cutting room floor. Click on the image below for the story.