New Mexico State Senator Dede Feldman's Blog

More Veto Reactions from Sen. Tim Keller and Dede Feldman

Here are two releases that TIm and I put out on Friday April 8, after word came of Gov. Susana Martinez' vetoes.  

SEN. KELLER DISMAYED BY GOVERNOR’S VETO OF TRANSPARENCY AND ACCOUNTABILITY BILLS

 Albuquerque, NM - Governor Martinez had an opportunity today to create more transparency in how the state does business.  Unfortunately, the Governor has vetoed multiple bills that would, after years of fighting with the previous administrations, finally move the need on good government in our state. 

 Keller noted, “She supported two accountability bills (HB 64 – Larranga/Keller) and SB 44 (Keller), but what a missed opportunity for her to deliver on what New Mexican’s clearly spoke in favor of with their votes last November.  It seems that it doesn’t matter who is the Gov’s chair, they will to protect their power regardless.  We can’t properly govern out state without the right information, and we can hold anyone accountable without knowing results of our efforts.”

 “All of these bills were bi partisan and overwhelmingly supported.  The legislator is elected, and charged by our constitution to make laws, that should mean something.  These are in step with the Governor campaign results, New Mexicans clearly wanted these signed.  Unfortunately something else seems to have driven these veto decisions.”

 •SB 25 Economic Targeted Investment Oversight (Keller): The State Investment Council will establish a formal structure and performance metrics for all the ETIs (NM private equity, film fund, etc) to be reviewed separately by a state investment council (SIC) subcommittee. 

 •SB 17 /64 Remove Governor from the SIC (Keller/Neville): the number one recommendation by the Ennis Knupp research completed in 2010 was to remove the Governor as chair of the State Investment Council (SIC). 

 •SB 47 Tax Expenditure Budget (Keller): Requires tracking of all revenue foregone by various tax carve outs, deductions and incentives and track the benefits associated with each policy to the economy (jobs created, businesses grown etc).  This is used in 42 other states in one form or another.  LFC estimates we have 108 tax carve outs, at least $1.3 billion in total exemptions, incentives and tax expenditures.

 •SB 187 Program Evaluation and Accountability (Keller/Bandy): would have created legislative office of accountability and enable the Legislative Finance Council to receive and protect confidential information necessary for its important oversight function.  The bill originated from recommendations made by the Legislative Structure and Process Study Task Force.

 New Mexicans can no longer afford to be manipulated on these important issues; get the politics out of investments and taxes. 

Governor’s Exchange Veto May Mean More—not Less--Federal Control of Insurance Marketplace

     Governor Susana Martinez’s veto of SB 38 &370 will leave the state with less time and fewer alternatives to a federally controlled Health Insurance Exchange, said the measure’s sponsor, Sen. Dede Feldman.

     “We have lost an important opportunity to set up a competitive New Mexican marketplace that gives consumers clear choices and brings down premium costs for small businesses here,” she said.

        SB 38 was supported on a bi-partisan basis in the Senate because it was a non-political entity set up outside of state government, utilizing the leadership of the Health Insurance Alliance and the New Mexico Insurance Pool, two entities previously created by the legislature to help businesses and families unable to get—or afford—insurance.   Funding for the Exchange would have been provided by the federal government through 2015.  After that, the Exchange would have to be self-sustaining through assessments on member organizations.

            Last year, New Mexico received $1 million to begin planning for a state exchange, and work is already underway, said Feldman.  “But further funding is dependent on the legislature setting up a governance structure, which SB 38 would have done.” she said. 

            It may be impossible to set up a web site, and a complicated IT system, which integrates private insurance and Medicaid eligibility by 2013, the date that the state exchanges must be “standing up” according to the federal Patient Protection and Accountable Care Act. 

            “It will really be difficult without federal funds,” she added.

            Feldman said that SB 38 &370 was the product of a nine-month task force on health care reform that included legislators, administrators, and stakeholders from the insurance, business and consumer sectors. 

            “I am just not sure whether there is an appetite to go through this process again during a special or short session,” she said.

            “We really tried to negotiate with everyone during the process,” said Feldman.  “At this point our best option may be to work with our Congressional delegation on a federal- and not a state- insurance exchange that will work to lower costs for consumers and businesses.  As a state, we may not have as much input, but it may be a better deal for consumers and businesses, since national—and not local insurance plans will dominate a national exchange, and they might offer lower prices since they can pool more policies together. “

            For more information, call Senator Feldman at 220-5958.

 

 

 

 

This and That from the NM Legislature Feb. 20, 2011

            Pension Reform, Employee Sacrifices, Budget Blues

 The recent demonstrations in Wisconsin highlight some of the sacrifices New Mexico state employees, teachers and university employees have already made to keep our budget balanced in the past few years. State employees, in particular have been getting about 2.5% less in take home pay because they are paying more out of their paychecks to cover some of the state share of their pension benefits.  Last year, they also absorbed four furlough days. This year, state retirees are being asked to forgo cost of living increases in their pensions, and it is estimated that education cuts have already cost hundreds of teachers their jobs, with an even bigger cut to education in the budget headed our way from the House this week. That means larger classes, shorter school years, fewer school nurses, therapists, art, music and other “non-instructional” activities.  And it may mean no new hires for teachers—like my own daughter—just beginning their teaching careers.

            Yet there still seems to be no appetite for changes on the other side of the ledger: closing corporate tax loopholes and putting an end to wasteful tax giveaways that benefit Wall Street, the rich and the big out of state corporations. I believe that if we followed this path, we’d be creating a level playing field for New Mexico’s small businesses against the big out of state corporations.  Our small business owners don’t have a choice in paying their income tax, yet current law allows the big corporations to avoid paying their fair share.

            The impact of enacting these policies will be immediate and direct in the form of almost 4,500 jobs saved jobs and forestalling the worst of the cuts proposed in the new budget: cuts to child care for working families, cuts to domestic violence services, and far less funding for life-saving programs for hemophiliacs and people with brain injuries like Rep. Gabby Giffords’.

            Cameo Appearance for Gov. at Senate Public Affairs

 Much to my surprise, Gov. Susanna Martinez made a guest appearance at the Senate Public Affairs Committee last week to testify in favor of a bill to expand DNA testing to all those arrested (not convicted) for felonies. “Katie’s Law,” named after a college student who was murdered in Las Cruces, was passed several years ago but restricted to serious, violent crimes.  Governors do not usually appear directly before committees, and some consider it a violation of the separation of powers between the executive and the legislative branches.  Whether this was a publicity stunt or not, Martinez was effective, as she was several years ago when she pressed the case as Dona Ana County DA on the original bill before this committee. The bill was passed on to the Judiciary Committee, where it may not have such smooth skating.

Is this a trend?  We’re not sure yet, but in the following committee meeting, where several DWI bills that the Governor is supporting were presented, her staff appeared with little cameras in hand to tape the proceedings. They did not ask permission from the Chair (me), which is protocol on both the floor and in committees, so I am cynical about how they intend to use the material.  I’m a great fan of opening committee hearings to the news media, but this felt different. Since the staffers did not speak to me, I do not know how they intend to use the footage, but several present felt it was intimidation, meant to remind Senators that their comments would be used in campaign ads next year. Hmm.

            Health Insurance Exchange, Health Insurance Rate Review

As expected, my insurance rate transparency bill  (SB 208) is meeting with resistance in the Senate, which is reflective of insurance company opposition to the requirement that companies disclose surpluses, reserves, profits and other information when seeking what have been premium increases of as much as 35%.  I still don’t think it is too much to ask, do you?  Please call or e-mail Sen. Linda Lopez, Sen. Richard Martinez, Sen. Michael Sanchez, Sen. Sander Rue, Sen. Clint Harden, Sen. Bill Payne, and Sen. John Ryan with your support.    This bill is due to be re-heard Wednesday Feb. 23. 

A ”substitute bill” that incorporates my vision for a health insurance exchange (SB 38) with an alternative measure (SB 370) has been adopted by the Senate Corporations Committee and is going to the Senate Finance Committee.  I’ve been working with both advocates and members of the past interim’s Health Care Working Group to get to this point, and I hope you will contact members of the Senate Finance Committee in support.  This is a key piece of federal health care reform that we’ve got to start shaping, lest we loose out on federal money, or face the prospect that the feds will operate an exchange for us out of DC. 

The substitute bill has this clearinghouse for insurance policies doing most of the same things as I proposed, except that its board is a little different with membership from consumers and small businesses drawn from both the Health Insurance Alliance and the NM Medical Insurance Pool.  Other members of the board of this non-profit organization will be selected by the Legislature.  There is a strict conflict of interest provision that prevents insurance companies representatives from serving on the board, but allow for their assistance on advisory committees.

    Some Feldman Bills Advance to House, Others Still Need Your Help

 Last week SB 37, which allows the donation of prescription drugs back to the doctors or clinics that prescribed them, so that other patients can benefit, passed the Senate unanimously!!  Thanks for your help.  But we are just beginning in the House, where the bill has been referred to the House Business and Industry Committee and the House Judiciary Committee.  This important bill has not yet been scheduled by the first House Committee, Business and Industry, but please keep you eye on the committees agenda (posted on www.nmlegis.gov) and e-mail (emails are on the web site as well) or call members (505-986-4300) when it is about to be heard.  Members include:

Representative	Debbie A. Rodella
Representative	Thomas A. Garcia
Representative	Eliseo Lee Alcon
Representative	David C. Chavez
Representative	David L. Doyle
Representative	Yvette Herrell
Representative	Dona G. Irwin
Representative	Rodolpho "Rudy" S. Martinez
Representative	Jane E. Powdrell-Culbert
Representative	Thomas C. Taylor
Representative	Jim R. Trujillo
Representative	Shirley A. Tyler

 

 

Another one of my bills, designed to help in the recruitment and retention of sorely needed health care professionals to New Mexico, SB 14 also passed the Senate last week and has been assigned to House Health and Government Affairs Committee. Please contact member in support if you think we need more doctors, nurses, physicians’ assistants, etc.  Members include:

Representative	Mimi Stewart
Representative	Nick L. Salazar
Representative	Alonzo Baldonado
Representative	Eleanor Chavez
Representative	Yvette Herrell
Representative	Terry H. McMillan
Representative	Luciano "Lucky" Varela
Representative	Jeannette O. Wallace

 Each can be reached through the main switchboard at 505-986-4300 or via email  (listed on the web site).

 

 

 

            

 

Change Takes Time

 

 

    Nov. 4, the day after the day after.....Earlier this week, walking the North Valley for Rep. Martin Heinrich, I came across this sign.  It reminded me that we are all on a windy path, with fits and starts, reversals, then sudden accelerations. And we can’t give up hope just because it’s taking a long time.

 

One reason I supported Martin Heinrich was that he didn’t back down from the sudden accelerations that the Obama administration started in the past two years.  These are not just the big-ticket items like health care and financial reform.  They are long-delayed items like the Lilly Ledbetter Act, which makes it harder to discriminate against women in the workplace, and a law making it harder for credit card companies to surprise you with sudden interest rate increases.  They are laws that give our college students hope and opportunities like the revamp of the student loan program and the increase in size of AmeriCorps and other service projects.  

Rachel Maddow mentioned these on her TV program the night before the election and I agree.  The Democrats could easily have kept their power dry, hoping not to offend anyone, but instead they chose to go for it. They used the political opening created by the 2006 & 2008 elections to enact some truly landmark legislation.  The impact of that legislation will not be felt for years from now—but if we can hold the line—there will be a tremendous benefit.

The same is true at the state level.  I’ve often fought official opponents to children’s’ and public health protection who say that state regulation won’t do anything but enlarge government and impede individual freedom.  That was the argument against changing the system of licensing young drivers back in 1999, when I and a number of traffic safety advocates (including the Automobile Association) said that the way to bring down the high crash rate for teens was to make them spend more time behind the wheel –practicing with an adult-- before giving them a full license.  With much difficulty, we prevailed, and even got then Gov. Garry Johnson to sign the bill.   

And now it’s beginning to pay off, eleven years later. Even the SF New Mexican, which railed against the “Nanny State" (I was the chief Nanny), now admits it was wrong in this article from a few days ago. Here’s the article…

 Graduated-license laws help cut teen driving fatalities

The New Mexican

Sunday, October 31, 2010 - 10/28/10

   
We're not major proponents of nanny government — and we're longtime supporters of teenagers' rights and responsibilities. But turn-of-the-century proposals to make teens work their way into adult driving privileges had plenty of appeal — the biggest being the chance that such an approach would save lives.

And it has: The U.S. Centers for Disease Control, the people who keep all kinds of grim statistics, reported recently that fatalities among teen drivers are down by a long ways: Between 2004 and 2008, they had fallen by one-third.

There might be other reasons for that encouraging news: safer cars, maybe even sky-high gas prices. But the feds give most of the credit to what are now known as graduated-license laws.

New Mexico was among the earlier states to impose rules on under-18 drivers. We made licensing a three-stage process:

• Six-month instructional permits, for which youngsters 15 and older, and their parents, must apply, and which involve tests and state-approved driver instruction, as well as 50 hours of supervised driving practice, among other requirements — including driving only when there's someone 21 or older on board.
• Provisional licenses, which depend on compliance with the instruction-period rules and passing a road-skills exam. For the next year, unless there's someone 21 or older along for the ride, the holder can't have more than one other kid in the car who isn't an immediate family member. And, with few exceptions, no driving between midnight and 5 a.m.
• Full licenses come only after completion of the two earlier stages — with clean driving records.

That's a far cry from what middle-aged Americans had to do for a driver's license — and for the many super-responsible teens we know, the requirements might be onerous.

But they're working — in fact, in places like New York and New Jersey, where the rules are even stricter, the fatality rates are lower. And in Wyoming, where kids are behind the wheel earlier than nearly anywhere, the teen fatality rate is highest.

That makes graduated licenses look pretty good — and makes a strong argument for demanding 'em nationally.

Politically, they might not be popular — and who wants to be the spoil-sport who ramrods them through a legislature?...

 The moral of the story is —like the sign says—Don’t Give up….Change Takes Time in Santa Fe as in Washington.  We might look like “spoil sports” now, but give it a few years.

           And as the leadership changes in the Statehouse, we hope that some common sense will prevail and not all reforms will be thrown out the window.  Some of them might save lives and money in the long run.

 

 

 

Under the Radar - 'Ban the Box' Passes with Bi-partisan Support

Republican Senator Clint Harden from northern New Mexico sponsored SB 254 which bans the use of a box on employment applications which asks applicants to indicate whether they are a felon.  Passage of the bill means that convicted felons wil have a better chance of being able to get a job interview and present their case for employment. Felons who made mistakes in the past a better pathway for  joining the ranks of the employed.

 

Please pass this information along to those you know might be interested. And if you support these bills please call the Governor at 505 476-2200 and urge him to sign these bills.

Topic: Under the Radar - Consumer Bills Passed by the 2010 NM Legislature

While our attention was focused on the weighty task of balancing the New Mexico budget, some bills pased with real benefits for many New Mexicans. Do either of these bills make a difference for you? 

 

 

Better Choices Press Conference-Santa Fe 1-26-2010

We all want choices that balance the state budget without hurting New Mexico working families. There are better choices that raise revenue and balance the budget without jeopardizing New Mexico's future. Consider the choices.  Make your voice heard and let me know what you think.

[ Also see the results of the district 13 constituent survey at http://bit.ly/82yVXJ  and visit http://betterchoicesnewmexico.com/about  for more revenue raising options. ]

Albuquerque Press Womens' Forum Jan. 11 - Fill Out Feldman Survey Here

State Senators Dede Feldman (D-District 13) and Sander Rue (R-District 23) will speak about the budget and the upcoming legislative session at a regular luncheon of the Albuquerque Press Womens' Association on Monday Jan. 11, 2010. 

Luncheons of the local journalists' organization are open to the public. For reservations, contact Janet Ford by the Wednesday before the luncheon at 720-7821 or presswomen@yahoo.com. Members and their first-time guests, $15; nonmembers, $21. You may join at the door at the MCM Elegante, 2020 Menaul Blvd. NE,  and pay the member price. Vegetarian meals available. Your reservation is our commitment to reserve your lunch and your commitment to pay. For information, contact Dan Mayfield, ddmayfield@abqjournal.com

It's Simple; It's Easy....
Senator Feldman's annual constituent survey can now be filled out on line.   
Go to  http://bit.ly/4ZC968

So far, I've gotten 353 responses, and hundreds are coming in every few days.  I'll share the final results before I leave for the 2010 legislative session on Jan 18th.

Recent Polling Data on Sin Tax and Corporate Loophole Tax Revenue

  A recent poll taken by Research and Polling for the American Federation of Teachers has 70 percent of registered voters sampled in favor of raising taxes on alcohol and tobacco, 61 percent supporting closing loopholes for corporations that don't pay state taxes on New Mexico profits and 49 per cent for repealing tax cuts for New Mexicans earning $295,000 or more a year. 81% felt the state should balance its budget without cutting public school funding.

_ _The poll has received no coverage from the state's major daily and I only knew about it because its results were handed out to me in person by a teacher on opening day of the recent legislative session.

 

  Soon I'll be doing my own survey, where I'll invite comments on matters like these. Meanwhile, if you want to comment to the Governor on the budget and cuts go to special.session@state.nm.us. Or tell the Lt. Governor, Diane Denish, how we can make state government more efficient at this hotline: 505- 750-4684.

 

  Thanks to those of your who contacted me during the special session as we made some of these heart-wrenching decisions. I appreciate your support, your input, and the opportunity to represent District 13 in the Senate.

 

---  Senator Dede Feldman

Two Thumbs Up: Two Thumbs Down

Before the special session I laid out some common sense principles that I think we should use in hard budget times, which appeared on New Mexico Politics blog at http://www.nmpolitics.net/index/2009/10/commonsense-principles-for-hard-budget-times/.

         Using my own principles, I’d give the session two thumbs up, in that, for the most part, we avoided cuts that would threaten peoples lives, and did not “cut off our nose to spite our face” by cutting Medicaid, and hence loose a four federal dollars-to-one state dollar match.   But I’ve got to give two thumbs down, too, first, for our failure to even consider measures that would close loopholes which permit big companies, (like Wal-Mart ) now profiting on the recession, to escape state taxes. And I was very disappointed with the failure of an amendment I introduced which would have required any salary cuts to be proportional, rather than across-the-board. What sense does it make to cut the meager salary of an educational aide, who makes $8.00 per hour the same percentage as an administrator who makes $100 an hour? I continue to believe that those at the higher end of the pay scale should sustain a higher proportion of the cuts rather than those at the bottom. 

The New Mexico Legislative Special Session Final Wrap-up

The special session has ended painfully after applying a series of Band-Aids including funding fixes, "swaps," "sweeps," and agency cuts to the 2010 budget, which has been hemorrhaging rapidly during the past ten months. The shortfall is due to the perfect storm: low energy prices, and a steep decline in gross receipts and personal income taxes brought on by a nation wide recession.

Going into the session, we had a $650 million hole to fill, and on opening day there was no preliminary agreement between a legislative task force and the governor, always a dangerous sign of troubled waters ahead.

And trouble there was... as those who wanted the hole filled by substantial cuts to recurring spending in the schools, universities, and government programs like Medicaid, clashed with others who wanted to include tax increases or at least roll-backs of some of the revenue we've given away in the past six years in the budget fix.

In the end we dodged the bullet, holding off big cuts to education and Medicaid, but deferring tax increases until the January session. The final package included several measures:

• A bill to cut $206 in annual spending including a 2% cut to public schools, a 4% cut to higher education, a 7.5 % cut to state agencies reporting to the Governor, 2% to the courts, and 4.5% for the legislative branch, among others.
• A bill to "sweep" $116 million from various state accounts, including a college affordability fund into the general fund to help pay for on going government operations
• An amendment to cut about 102 "exempt" positions hired by the Governor outside the classification system.
• A bill to shift about $136 million slated for use to fund capital outlay projects around the state to severance tax bonds. This "swap" would free up money in the general fund (the state's major checking account)
• A measure to use federal stimulus funding to limit the cuts to education
• A bill to transfer $115 million from one of the state's cash reserve accounts to the general fund
• An amendment to have legislative staff identify $150 million in building projects and stalled capital outlay that could be scrapped. The post-session news is that the Governor is going to just identify and cut these himself.

Education cuts were held to even less than 2% by some artful dancing to give school districts access to some previously restricted funds to use to pay property taxes, a big expense. Medicaid, too, escaped immediate cuts, via a transfer of federal funds and those placed in reserve from the tobacco settlement.

Solvency was achieved, but everyone knows that this patchwork quilt of little Band-Aids won't last--especially as we face a potential $1 billion shortfall when the regular session convenes. I believe we need a much more comprehensive solution, but this was made difficult since both the Governor and legislative leaders would not allow us to even consider the other side of the ledger-tax increases or so called "revenue enhancements."