Category: Top Issues

New Mexico Special Election Could Further Reduce Pelosi’s House Majority

Post author By Paul Gessing
Post date May 5, 2021

The following appeared at National Review on May 4, 2021.

Nancy Pelosi’s majority in the House of Representatives continues to shrink. The recent swearing-in of Republican Julia Letlow of Louisiana has taken the House Democrats’ majority down to 218–212. This means that Pelosi has a mere two-vote governing majority with which to push the Biden administration’s big-government agenda.

The GOP will soon have another chance to reduce Pelosi’s margin for error when voters in New Mexico’s first congressional district (which includes Albuquerque and its environs) go to the polls to elect a replacement for Biden’s newly minted secretary of the Interior, Deb Haaland, a Democrat. Early voting begins today, while Election Day itself is June 1.

The district is classified by many in the national media as a “blue” district that should safely remain in Democratic hands, and as recently as November 2020, Haaland defeated Republican challenger Michelle Garcia Holmes by an overwhelming 58–42 percent margin. The seat was previously held by New Mexico’s current Democratic governor Michelle Lujan Grisham, and before that, now–senator Martin Heinrich, also a Democrat.

But Republicans have faced challenges in candidate recruitment in recent years in this congressional district. The last time they had a truly top-notch challenger was in 2010, when Jon Barela lost just 52–48 to Martin Heinrich, and in 2009 Heather Wilson, a Republican, held the seat, having done so for a decade. With this race being the sole topic of a special election and so much at stake in Washington, this could be a much more interesting contest than outsiders expect.

The candidates to replace Haaland could not be more different. While there is a serious independent contender and the Libertarians technically have major-party status, the Republican and Democrat contenders are state legislators with long histories of voting on important policy issues. Republican senator Mark Moores has been in the New Mexico Senate since 2013. In addition to his prior experience as a staffer for various Republican officeholders Moores played offensive line for the University of New Mexico Lobos.

Melanie Stansbury, on the other hand, was unknown in the state until she ran for the New Mexico house in 2018. Her prior political experience was in the Obama administration’s Office of Management and Budget.

The legislative track records of these two candidates are also drastically different. For starters, Stansbury strongly believes that New Mexicans should have their tax burdens increased rather dramatically.

In 2019, she voted for HB 6, which subsequently became law. Among other provisions, the bill increased taxes on auto sales, imposed taxes on Internet purchases, and increased New Mexico’s personal income tax. Ironically, this tax hike took New Mexico’s top personal income-tax rate from 4.9 percent (set by former Democratic governor Bill Richardson and the Democrat-controlled legislature) and brought it up to 5.9 percent. Moores voted against the tax hike, but it was subsequently signed into law by Governor Lujan Grisham, despite the state having a surplus in excess of $1 billion at the time.

In their most recent legislative session, the New Mexico legislature was back to raising taxes, and Stansbury was more than happy to go along. Despite the COVID-19 pandemic and a state unemployment rate that remains among the worst in the nation, the combined forces of New Mexico’s resurgent oil and gas industry and the massive economic stimuli out of Washington again put the New Mexico budget comfortably in surplus territory.

Nonetheless, Stansbury and other Democrats in New Mexico’s legislature voted for and passed numerous tax hikes. HB 122, which failed after House approval, was subsequently folded into SB 317 and ultimately signed into law. Stansbury voted for the bills both times. The bills increase a tax imposed by the state on health-insurance premiums from 1 percent to 3.75 percent — a tax increase of 275 percent. Moores voted against the tax hike.

As if that were not enough to illustrate the stark difference between these candidates, Stansbury joined her Democratic colleagues in the New Mexico House to push even more egregious tax legislation in the form of HB 291. This bill which passed the House with Stansbury’s support would have again increased New Mexico’s personal income tax, this time to 6.5 percent, but (more problematically) would have revised the state’s personal income-tax structure to make the higher tax rates kick in at much lower income levels than under current law.

On top of this, the proposal Stansbury endorsed would have allowed property-tax assessments to increase by up to 10 percent annually if the property was not occupied by the owner. The current cap in New Mexico limits annual increases to the already-substantial rate of 3 percent per year. The measure was intended to target Texans with second homes in New Mexico, but it would have applied to apartment and condo dwellers as well.

Fortunately for New Mexicans, cooler heads prevailed in the (also Democrat-controlled) Senate Finance Committee, which eliminated the tax hikes from HB 291 before the bill passed into law.

These are just the tax hikes endorsed by Stansbury in her three short years in the New Mexico legislature. During her time in office, she has voted to ban local governments from enacting “Right to Work” laws on the local level, and she voted for New Mexico to abandon the Electoral College, saying instead that it should dedicate its five electoral votes to whatever candidate won the popular vote. The latter would have dramatically diminished what influence small-population New Mexico has in presidential races for no benefit aside from her ideology.

Stansbury is a true big-government radical. Her advocacy of big government in the New Mexico legislature places her to the left of Nancy Pelosi. At a time when every race matters in a closely divided U.S. House, conservatives cannot ignore this special election in a “blue” but winnable district.

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City of Albuquerque among “businesses” that can’t find workers

Post author By Paul Gessing
Post date May 5, 2021

The Rio Grande Foundation and New Mexico Business Coalition are among the organizations that have raised the alarm about “enhanced” unemployment benefits and how they are a big factor making it less attractive for workers to find employment than to remain out of the work force.

Albuquerque Mayor Tim Keller recently said that the City would “hold jobs for people until their unemployment runs out.”

Watch the story Channel 7 KOAT TV did on the issue below.

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City of Las Cruces should reject bag ban

Post author By Paul Gessing
Post date April 26, 2021

The following appeared in the Las Cruces Sun News on Sunday, April 25, 2021

The City Council of Las Cruces is considering a ban on plastic bags, specifically those bags which are thinner than 2.25 millimeters thick. Restaurants may or may not be exempted from the statute, but banning plastic bags is not a viable solution to our solid waste challenges.

In fact, nearly all cities around the country and State of New Mexico including Albuquerque put their bag bans on hold for the duration of the COVID 19 pandemic. Albuquerque’s ban remains in place with no return date set.

Furthermore, while curbing the use of thin bags may seem like a reasonable policy, stores simply replace thin bags with thicker plastic bags as was done in Albuquerque. That shift led Albuquerque City councilor Pat Davis to say that he wanted to amend the City’s bag ban to also get rid of plastic bags that are thicker than 2.25 thousandths of an inch. The thicker bags were exempted from the law for the simple reason they are considered “reusable,” but Davis called the provision a “loophole.”

This discussion was going on in early March of 2020 which thankfully means it was never adopted. And, while the Centers for Disease Control has said that surface transmission of COVID 19 is extremely rare, that does not mean that banning plastic bags is a good thing for public health.

A 2018 report from Loma Linda University used data from an experiment in which researchers purposely “contaminated” a reusable bag with a harmless form of a virus. A single shopper then went through a typical grocery store, and the research team tracked the spread of the virus.

Quoting directly from the executive summary of the report, “The data show that MS2 (virus) spread to all surfaces touched by the shopper; the highest concentration occurred on the shopper’s hands, the checkout stand, and the clerk’s hands.”

Additionally in 2012 epidemiologists from the Oregon Public Health Division and Oregon Health & Science University published a peer reviewed article in the Journal of Infections Disease that documented a reusable grocery bag was the point source in an actual virus outbreak in the Pacific Northwest.

For years, people have simply believed that people will wash their bags. But Loma Linda researchers found only 3% of bags get washed. That rate may be better post-COVID than it was before, but there is also a diminished environmental benefit to reusable bags – especially in our desert environment – if they have to be washed regularly.

Instead of the City of Las Cruces micromanaging consumers’ use of plastic bags, I recommend that residents concerned with plastic pollution recycle or reuse their plastic bags instead. Plastic bag recycling programs with bins outside of local big box stores seem to have been one of the many casualties of the pandemic. Hopefully these programs return soon.

Until then, the bags make great trash can liners and can be used to pick up pet waste. I take along a bag or two on my walks and use them to clean up the neighborhood by picking up trash or aluminum cans along the way.

This final point really highlights the need for individual responsibility. Plastic bags are what you make of them. Government mandates can’t make us “green,” rather it is our responsibility to be good stewards of the environment around us. There will always be “loopholes” in laws such as the thickness of the plastic bags handed out at stores. For good reasons restaurants also need plastic bags and other utensils.

If you don’t want or need a bag, you are the customer and can refuse them or bring your own reusable bags. Don’t force your views on those of us who are responsible and repurpose these bags for useful, even “green” purposes.

The Rio Grande Foundation is an independent, non-partisan, tax-exempt research and educational organization dedicated to promoting prosperity for New Mexico based on principles of limited government, economic freedom and individual responsibility.

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Media uses RGF information to ask MLG health advisor tough questions on “the science”

Post author By Paul Gessing
Post date April 22, 2021

The Rio Grande Foundation recently gained access to the transcript of a deposition on the Gov.’s decision making process relating to COVID 19 and found “the science” to be lacking. Channel 4 KOB TV’s Patrick Hayes used this information to ask the Gov.’s health advisor David Scrase some questions during the press conference this week. As you can see from the story, Scrase doesn’t exactly answer the question about “the science.”

You can see the full story below:

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Is New Mexico REALLY “Following the Science” on COVID?

Post author By Paul Gessing
Post date April 20, 2021

Recently (on February 29, 2021), Tracie Collins, M.D., New Mexico Secretary of Health was deposed in a case in US brought by various businesses that have opposed the Gov.’s lockdown policies relating to COVID 19.

The Deposition was videotaped, so we can provide broadcast news outlets (or even just YouTube and similar platforms) with clips. Here is the full transcript of Collins’ deposition.

Key Take-aways:

The Department of Health does not consider the economic impact of lockdowns in crafting its Public Health Orders.
The Department of Health does not adjust “positive COVID test” results to account for false positive tests.
The Department of Health cannot explain why Florida and Texas, which are not locked down, have lower COVID fatality rates than New Mexico. The experiences of other states are not considered by the Secretary or the New Mexico Department of Health in crafting the Public Health Orders.
The Department of Health does not take into consideration other adverse health impacts, like increased depression, suicide, and childhood obesity in crafting the Public Health Orders.
The Secretary places significant reliance on the Department of Health’s legal staff when crafting the Public Health Orders. She does not know if any of the Department’s lawyers have any training or education in public health.
The Secretary is unaware of any scientific studies that support the specific restrictions, prohibitions, and permitted activities under the Public Health Orders.
The Secretary cannot say whether the risk from COVID must be zero, before the Public Health Orders will end.

Below are Page and Line references to deposition testimony:

Data and Experience from other States “can” be considered in crafting New Mexico’s Public Health Orders, but Secretary Collins will not say that it “should” be considered. See, page 11, line 2 to line 14 (“11:2 – 14”)

The Department of Health has minimized economic harm from the shutdowns by reducing morbidity and mortality from COVID-19 and keeping people alive so that they will have an opportunity at some time in the future to reopen their business. See page 32, line 24 to page 34, line 5 (“32:24 – 34:5”)

The Department does not track or control for false positive tests, or make adjustments to their numbers based on the presence of false positive tests. 34:11 – 37:17; and 37:21 – 41:11

The Secretary cannot explain why Florida and South Dakota, which are not locked down, have a lower COVID-related fatality rate than New Mexico. Nor is she interested in using such data to determine whether lockdowns work. 48:3 – 53:19

The Secretary does not know why New Mexico has not done a regression analysis to determine whether the shutdown orders have had a positive impact on COVID transmission rates. 54:2 – 56:2

The Secretary is not aware of New Mexico attempting any other analysis of the adverse economic impact of the shutdown orders. She does not know if the State has done anything to consider the economic cost and damage caused by the shutdown orders. She does not know if the economic costs and damages arising from the shutdown orders is significant. 57:15 – 58:22; and 100:15 – 20

The Secretary does not know what adverse health consequences have arisen as a result of having to close business and losing jobs. The Secretary has done no study regarding the adverse health consequences caused by lockdowns (increased depression, suicide, childhood obestity, etc.). 58:23 – 63:3

The Secretary is not aware of any studies that the business activities that are permitted under the Public Health Orders are less risky than the business activities that have been prohibited. 63:4 – 64:7

The Secretary would have to confer with the Department’s general counsel (i.e., its lawyers) to understand why certain businesses, like TopGolf and New Mexico United are allowed to operate, and others are not. 64:8 – 66:13

The Public Health Orders do not consider the potential harm or damage to the businesses that are being closed. The Secretary does not know who, if anyone, in State government is supposed to look at the cost and damage to the businesses and people subject to the Public Health Orders. 67:10 – 69:1

The fatality rate from COVID for children ages 5 to 14 is 0.001%, or 1 out of every 100,000 children who contract the virus. For children age 19 and under, the fatality rate is 0.003% or 3 out of every 100,000 children who contract the virus. This is lower than the fatality rates for other infectious diseases. 69:4 – 70:4.

New Mexico has not studied the effect of the pandemic on childhood obesity. 72:20 – 74:13

The Secretary is unaware of any studies by the Department of Health of the impact of play deprivation on children resulting from the lockdowns and public health orders. 80:11 – 82:4

The Secretary cannot say whether the Public Health Orders will continue until the risk of COVID is zero. 82:5 – 83:5

In general, other factors such as adverse health consequences to children and adults and adverse economic impacts on businesses and employees are not taken into consideration by the Department or the Secretary when it comes to the contents of the Public Health Orders. 84:5 – 85:8.

Decisions about which businesses are in what category in the Public Health Orders is determined by the legal department working with the Secretary. The Secretary does not know if there is a “written trail” for the decision as to which type of businesses will go in which category; nor does she know if any of the lawyers in her department have any education in public health. 89:1 – 18

The Secretary is unaware of any analysis or studies that were performed before gyms, group fitness classes, skating rinks, bowling alleys, and personal trainers were taken off the “prohibited from opening list” in the Public Health Order, to the permitted to open under limited capacity list. 93:23 – 94:14

The Secretary would have to confer with the Department’s lawyers before she could say how an industry or particular business activity can have its category or definition changed and be allowed to open. 94:15 – 95:7.

The Secretary would have to confer with the Department’s lawyers to understand why some business that cannot practice social distancing, like massage parlors, barbershops and nail salons are open, while other businesses, like trampoline parks and other “close-contact recreational facilities” where the Department is concerned about social distancing, are closed. 100:21 -101:23.

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RGF requests and publishes public payrolls: Part 1: New Mexico Cities

Post author By Paul Gessing
Post date April 19, 2021

New Mexico cities big and small are required to provide various public records. Unfortunately the process of requesting many of those records is onerous. That’s where the Rio Grande Foundation comes in.

We have requested, received, and published public payroll records for most of New Mexico’s major cities. You can find that information here.

To their credit, a few (typically larger) cities publish their payroll records online. You can find Albuquerque, Las Cruces, Los Alamos, Rio Rancho, and Santa Fe.

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Democrats walk fine line on energy

Post author By Paul Gessing
Post date April 19, 2021

The following appeared in the Albuquerque Journal on April 18, Santa Fe New Mexican, and other New Mexico media outlets.

If there were an overall theme for New Mexico’s current political situation it would be the ongoing attempts by Democrats to placate their environmentalist base which opposes traditional energy sources while at the same time keeping energy dollars flowing into the State’s coffers.

The Biden Administration’s moratorium on oil and gas permitting is the most notable example of this conflict. Gov. Lujan Grisham has publicly spoken out about it, but Attorney General Balderas has refused to join a lawsuit challenging the policy that was recently filed by a dozen states. None of those states have as much to lose as does New Mexico, but our elected leaders are unlikely to challenge a President of their own party.

The internal conflict was on full display in the recently-completed legislative session as well. Thankfully, the most radical bill on energy which would have banned “fracking,” (an oil and gas drilling process without which New Mexico’s oil and gas industry would be immediately decimated) failed without gaining traction.

Making it much further in the process only to fail unexpectedly was Sen. Mimi Stewart’s “clean fuel standard” SB 11. In 2019 Gov. Lujan Grisham made national headlines stating that New Mexico was going to increase vehicle mileage in New Mexico to 52 MPG by model year 2022.

SB 11 would have instead forced motorists to use “alternative” fuels with the goal of reducing carbon emissions while passing off the hard work of actually developing the technology onto the private sector. Presumably blame for higher fuel costs would have been shifted as well. The bill faltered after passing the Senate.

Anti-energy bills that did make their way into law included SB 8 which allows local governments to enact more restrictive air quality regulations than are imposed by the federal government. It is unlikely that conservative counties where much of the Industry is located (and people are far more supportive of the Industry than liberal Albuquerque or Santa Fe) will enact such regulations, but this is about politics, not policy.

Speaking of politics, SB 112 which also made its way into law creates a “sustainable economy task force.” The task force’s stated goal is “diversifying New Mexico’s economy while reducing reliance on traditional energy sources.” Of course, New Mexico Democrats have controlled the Legislature for decades and with total Democrat control under Lujan Grisham, they have had ample time to enact the public policies necessary to “diversify” New Mexico’s economy.

Unfortunately, Santa Fe has repeatedly failed to reform the gross receipts tax, eliminate Social Security taxes, reduce onerous regulations, and expand educational choice (to improve workforce preparedness). In recent legislative sessions we’ve instead seen tax hikes passed at times of big budget surpluses. During both the 2019 (HB 6) and 2021 (SB 317) sessions tax hikes were adopted. Such cash grabs do nothing to diversify New Mexico’s economy. At best they diversify government revenues. In addition to tax hikes, policies like minimum wage hikes, paid sick leave mandates, and ongoing COVID restrictions imposed by the Executive only hinder economic growth and diversification.

Finally, this session, while the Legislature continued its piecemeal attacks on energy, after a decade of attempts they passed an amendment to increase distributions from the Land Grand Permanent Fund (the fund is generated by oil and gas). HJR 1 not only increased distributions by 1% but added an additional .25% to that amount for a total increase of 1.25%.

Continued existence of the fund happens only if the oil and gas industry thrives, so Democrats’ plan to take more money out while less money is put in seem problematic at best.

Rather than killing off energy first, New Mexico’s elected leaders should focus on diversifying the economy. When we are no longer among the very poorest states in the nation the Legislature can address ways to make the New Mexico less dependent on oil and gas.

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

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NM has high unemployment rate yet business can’t find workers: what gives?

Post author By Paul Gessing
Post date April 15, 2021

As of February 2021 according to the Bureau of Labor Statistics New Mexico has the 5th-highest unemployment rate in the nation. You can see a partial list below. New Mexico which remains among the most locked down states in the nation (especially its population areas) has had an elevated unemployment rate for much of the COVID crisis.

But, with the federal government’s generous (debt-fueled) “stimulus” plans making it lucrative for people to not work, it is clear that many New Mexicans would rather stay home and cash checks than work for a living. Here are a few recent news stories showing how challenging it is for businesses to find people here and here.

Simply put, as businesses try to reopen and get back to something akin to normal, bad policies out of Washington, most notably the recent $2 trillion “Biden-bucks” scheme will make it more difficult for the economy to reopen.

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And the legislators who voted for freedom in 2021 are…

Post author By Paul Gessing
Post date April 13, 2021

The Rio Grande Foundation tracks floor votes on floor votes in the New Mexico Legislature through our Freedom Index. Votes that are the MOST pro-freedom are scored up to +8 points while the most anti-freedom bills are rated as low as -8. Legislators receive points based on those votes.

One additional note: comparing House and Senate results is problematic as the two bodies vote on different bills with the Senate typically taking fewer overall votes.

Freedom Index Results

House: best

James Strickler 122 points
Stefani Lord 109 points
Randal Pettigrew 108 points

Senate: best

Cliff Pirtle 68 points
Mark Moores 65 points

House: worst

Miguel Garcia -189 points
Speaker Brian Egolf -187 points

Senate: worst

Jeff Steinborn & Mimi Stewart -150
Liz Stefanics -146
Katy Duhigg -145

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New Mexico session another missed opportunity

Post author By Paul Gessing
Post date March 29, 2021

The following appeared in the Las Cruces Sun News on Sunday, March 28, 2021. UPDATE: Originally the article stated there was a production moratorium on federal lands. There is “only” a moratorium on new permits.

New Mexico is in one of the most unusual economic times in its history. Profound forces have impacted our State over the last year in unforeseen ways.

- The Gov. and COVID shut down much of our State for much of the past year. COVID is declining, but New Mexico remains among the most locked-down states in the nation;
- Oil and gas prices plummeted last April due to the pandemic and an international price war, but have come roaring back and produced $300 million in “new” money and a budget surplus;
- Democrats in Washington recently passed a $1.9 trillion dollar “stimulus” that will dump an astounding $9 billion on New Mexico State and local governments. Meanwhile the Administration’s moratorium on oil and gas permits on federal lands will cost our State more than $700 million over the next few years according to Gov. Lujan Grisham;
- While New Mexico governments are awash in money, businesses are struggling to recover. The State’s unemployment rate is 8.7 percent, 4^th-worst in the nation.

To say we are living through unpredictable times would be an understatement. Oil and gas have always been volatile but are now more unpredictable than ever. This reflects broader economic uncertainty, but with the Biden Administration targeting the Industry, the Legislature must diversify our economy (this does not mean simply new sources of government revenue).

The unprecedented stream of federal spending flowing into our state is currently augmented by a flow of people. Housing markets are tight in most of our cities as Americans from big, expensive, states like California embrace remote work or simply move to states like New Mexico where they can spread out and buy a house for a lot less money.

Current trends are favorable, but long-term economic prosperity requires enacting policies that make the State more attractive as a business destination. The 2021 Legislature had a few successes but ultimately failed to enact policies that will bring long-term prosperity to New Mexico.

Despite a big budget surplus, the Legislature raised taxes on health insurance (SB 317). They imposed a new sick leave mandate on businesses, including small ones (HB 20). And, passage of HB 4, the misnamed “Civil Rights Act” will impose massive new legal costs on New Mexico governments without actually improving policing or protecting civil rights.

There were bright spots. HB 255 reformed New Mexico’s liquor licensing to make it easier for bars and restaurants long-term. HB 177 passed which allows New Mexicans to start micro-businesses by making non-perishable food items in their homes for sale.

But the gross receipts tax and its taxation of busines inputs and services remains a stumbling block for businesses. New Mexico also remains among a relatively small group of states that tax Social Security. No significant tax cuts or reforms were adopted. Also, no widespread reform of burdensome regulations (like the State’s “prevailing wage” law that artificially increases costs on public works) projects was enacted.

Some will argue that (after a decade of trying) tapping the Permanent fund to boost various education programs will help improve our workforce, but the track record of governments (including New Mexico’s) spending more money to boost education outcomes is spotty at best. Empowering parents and families with the resources needed to choose the educational option that is right for them (especially after a year of Zoom education), is more likely to succeed and at a fraction of the cost, but legislation to that effect was quickly defeated this session.

Microchip manufacturer Intel just announced that it is investing $20 billion in neighboring Arizona to build two new facilities. Such “economic diversification” is exactly what we need and what the Gov. and Legislature claim to want. Until the Legislature gets serious about reforming our economy we’ll continue riding the wave of luck, boom and bust in the oil patch, and Washington debt.