New Mexico State Senator Dede Feldman's Blog

State Fireworks Law Needs Flexibility, Common Sense

 Blogger's Note: Here's an article that I wrote with Sen. Sander Rue (R- District 23) about the fireworks bill we introduced in the Senate last week.  A version of it appeared in the Albuquerque Journal yesterday.

Few states possess the natural beauty that we in New Mexico enjoy daily.  Unfortunately, this year has reminded us that sometimes our arid landscape comes with a cost.  Just ask New Mexicans in the communities of Silver City, Ruidoso, Raton, Hondo, Cloudcroft, and other areas around the state devastated by this year’s wildfires. 

And who could forget our neighbors in Los Alamos who weathered the largest wildfire in the state’s history when the Las Conchas Fire engulfed an acre of land per second at times and 2,575 firefighters struggled to contain a blaze that would go on to burn 156,590 acres.  In fact, since January, wildfires throughout the state have claimed over one million New Mexico acres, costing the state over $22 million. 

As the Fourth of July holiday neared, panicked New Mexicans grew increasingly frustrated over the governor and local government’s lack of authority to ban the sale and use of fireworks in areas threatened by the fires, even in the face of ongoing containment efforts.  While New Mexicans knew that fireworks had not been the source of the fires, they remembered the Albuquerque bosque fire of 2002, which was caused by fireworks, and recognized the danger of adding human causes to the mix. 

Frustration on the local levels was expressed by Taos Mayor Darren Cordova and Albuquerque Mayor R.J. Berry, who learned that although current law allows cities and counties to place certain restrictions on fireworks, they do not have the flexibility to address this activity in a situation that requires immediate action.  Instead, the governing bodies would have to vote and issue a proclamation 20 days in advance of any restriction.

This lack of a mechanism by which the state can quickly intervene in rare and necessary instances is why we support the governor’s efforts to address firework activity during a state of emergency.  We also support expanding the counties’ and municipalities’ ability to respond when circumstances warrant.  As the Ruidoso News noted, state law doesn’t allow for an outright ban, “even in times when common sense dictates it is the prudent thing to do.”

We respect the men and women who work in the fireworks industry.  We also acknowledge that New Mexico is, by design, a dry state prone to drought.  That is why we support using the National Fire Danger Rating System, rather than measuring fire hazard strictly by drought conditions, which occur more frequently.  The National Fire Danger Rating System is based on sound, scientific data and used by the state forestry division to accurately assess fire danger after taking into consideration an area’s fuel moisture content, weather, and a number of other factors.

Make no mistake; this legislation does not trigger an automatic ban on fireworks every time the rating system reaches a certain level.  Instead, it allows for a temporary ban only in situations when the governor has already declared a state of emergency and high fire danger conditions exist.  When the state of emergency passes; the ban is lifted. 

Neither does this bill take an all-or-nothing approach.  Any ban imposed would be targeted to the specific area suffering from fire susceptibility.  It would not blanket the state as a knee-jerk reaction to an isolated incident.  If Los Alamos is threatened, a ban would not extend to Farmington.  This is an important distinction and one that we feel strikes the responsible balance between giving our State the ability it needs to protect our citizens and respecting those who earn their paychecks from the fireworks industry.

It is unfortunate that previous attempts to enact similar, common-sense legislation have met resistance.  This time around, we hope that public support will motivate lawmakers to act.  As Taos volunteer fire chief, Jim Fambro noted: “It’s not going to be easy.  We are fighting some big bucks and often in Santa Fe, money talks.”  In light of how much devastation New Mexicans have suffered as a result of wildfires, we hope this isn’t the case. Call you legislator at 1-505-986-4300 to weigh in on this important matter.

 

A September 2001 Letter to My Constituents-- Ten Years Later

Bloggers Note: Ten years ago, the New Mexico Legislature was in a special session to do redistricting, as we are now. Here, for history's sake, is a letter that I wrote my constituents at that sad time to tell them how we reacted to 9/11 in Santa Fe. 

Sept. 25, 2001

 Dear Friends, Neighbors and Constituents,

 I set out to write this letter to you two weeks ago to bring you up to date on the special redistricting session which started earlier this month. On that very day, September. 11, our session was shaken by the unbelievable events in New York, Washington and Pennsylvania.  Shortly after the first reports came in, a bomb threat forced evacuation of the Capitol.  Precinct boundaries and district lines quickly fell by the wayside. As the State Police circled the building, many of the Senators and Representatives gathered outside, listening to car radios, wondering, like all Americans, what was next. 

I got a rare telephone call from my teenage daughter.  She wanted to know what was happening to our country.  Throughout that terrible day, I remember how the New Mexico sky remained heartbreakingly blue, a reminder of just how far we were from the chaotic scene of death and destruction to the East. 

 Within the space of a few hours, the Governor and leaders of the House and Senate decided that while safety might dictate adjournment or recess, duty and honor demanded that we conduct business as usual, without bowing to intimidation.  We quickly met in joint session, a small show of solidarity and courage in the face of the unknown.

 The outpouring of food, financial aid, and blood donations from New Mexicans in the days that followed is now well known.  In short order, clergy from the Santa Fe area organized a ceremony of prayer and remembrance in the Capitol rotunda on Friday Sept. 14, which drew Santa Feans of all stripes.  There were Sikhs from Northern New Mexico, young Native American drummers, Catholic bishops, Jewish rabbis, plaza vendors, and many who simply walked in from the street.  Secretaries and state office workers, many of them waving small flags, packed the balconies overlooking the rotunda.   The tremendous display of unity amidst all of our differences—here at the Capitol and later in Yankee Stadium-- reaffirmed my deep belief that our diversity is our greatest strength.

 We now stand in the difficult position of insisting on justice at the same time as demanding that the rule of law be maintained.  I hope that we can transcend the urge to unleash the fury of our military power upon the world, and become the thing that we hate. Our country must set an example—of judicious wisdom, firm solidarity, and determination that we will not allow any rogue nation or group to determine our behavior. But we must also choose the way of humanity and peace.  I am very proud of the rescue workers from Albuquerque who went to New York and the Pentagon last week, as well as the firefighters and emergency medical technicians who stand ready to do the unthinkable here in New Mexico.  They are our local heroes

 Please call, write or e-mail me to find out about the results of our redistricting session.  In brief, the Senate plan we sent to the Governor created a new seat on the West Side of Albuquerque and in the Torrance County area, where population has grown.  My own district grew to the North and East to approach the ideal population for a Senate District, approximately 43,000.  However, because the plan did not create new Republican seats,  it will likely be vetoed by the Governor.  There is already court action, and I anticipate more.

 Meanwhile, I would like to extend my heartfelt sympathy to those who lost loved ones on September 11 and especially to our children who will remember this day long after we adults are gone.  We must all work very hard to make sure that hatred and bitterness do not have the last word.

 With great pride and gratitude for being a part of this caring community, I send my warmest regards. 

 Sen. Dede Feldman

 

 

 

 

 

Redistricting Special Session Starts Sept. 6

 The regional hearings are complete and the pencils are sharpened, ready to redraw the district lines for 42 Senate and 70 House seats, along with three congressional and five PRC (remember them?) seats.  Well, almost ready.  This is tricky business.

    The history of redistricting in New Mexico is not a pretty one, although it is softball compared to Texas.  Still, lawsuits abound.  Before 1963, the NM Senate had one Senator for every county, giving tiny Harding County  the same representation as bustling  Bernalillo.  From 1970- 2001 a series of lawsuits seeking to uphold the one person one vote  guarantee in the constitution – and protect the rights of the state’s minority groups-- have  been filed, sometimes with the court drawing the lines, sometimes triggering special sessions and special elections.

     This time, we hope to avoid the expense and acrimony of these once-every-ten-year law suits, uphold the Voting Rights Act and honor the population shifts that have occurred since 2000.    That’s our task—a tall order, not even counting the partisan element…or the Governor’s veto pen.

 Here’s the bottom line (s):

*The population of the state has grown by 13% in the past ten years.  But it has grown unevenly, with some areas of the state exploding and others not keeping pace. The North east and East side of the state, especially, has declined in population, while Rio Rancho and the West Side of Albuquerque has exploded.  And while the West Side grew (accounting for 40% of all the growth in NM) the center of the city and the Heights did not.   

 *The Hispanic population of the state has grown more than other groups during the past ten years.  Hispanics now make up 46% of the population, up 5% from ten years ago.

 *At first blush the population shifts should mean the loss of legislative seats on the east side, and in the center of Albuquerque, with new seats emerging on the West Side and Rio Rancho

 *But, speaking of blushing, partisan advantage—and incumbent protection-- are legitimate parts of the game.   The majority party will want to maintain its seats, and the minority will want more competitive districts so it can achieve parity.   

     Ten years ago, the population dynamics were basically the same.  In the Senate, former President Pro-Temp Richard Romero engineered a compromise between Democrats and Republicans that did not eliminate seats in the East and essentially stretched districts toward the population growth—on the West Side of Albuquerque.  It preserved incumbents, and essentially maintained the status quo. 

     The Senate passed it in the regular session in 2002, and Gov. Johnson signed it. It was the only legislative or congressional plan not to go to court in 2001.

     Our failure to accommodate population changes in 2001, makes the imbalance of situation more flagrant  today.   There’s enough population now on the West Side of Albuquerque to create two new Senate districts  (ideal population of each senate district about 49,000) and on the East Side they are short almost  a third of a Senate seat.  Albuquerque’s Heights also is short population—over a half of a Senate district.

     Redistricting is a world unto itself which is why many are concerned about the Governor’s move to include a dozen other items on the short, special session’s agenda. A ban on fireworks during extreme drought  seems important to me, but the Gov. also wants to revisit some of her educational reforms, drivers licenses, and the capital outlay that was bill killed in the final Senate Filibuster by Sen. John Ryan.  There are other items as well., prompting the Las Cruces Sun News and others to call for a single issue session.

     This time it’s much easier for the public to get involved with redistricting through the legislative web site at www.nmlegis.gov/lcs/redcensus/ There you can access maps, census data, various proposals and even see videocasts of the meetings the redistricting committee held around the state.   You can even design your own map!

    I’ll be keeping you up to date on how the redistricting proposals affect Sen District 13 as the process unfolds.  For now, the short story is that – due to infill—we have kept pace with growth in other parts of the state so we may not need to change drastically.