New Mexico State Senator Dede Feldman's Blog

Sen. Feldman to Not Seek Re-Election but Will Write about Politics Here & Elsewhere

February 24, 2012  Dear Friends, Neighbors and Constituents,     Sixteen years ago I ran for the New Mexico Senate using a theme, “A Passion for the Possible.” I have worked hard to keep that passion alive and push the envelope when it comes to affordable health care, good government, consumer and environmental protection.  I’ve had my share of victories and defeats.  I count my successes by the scores—a Do-Not-Call bill, a Fund for People with Brain Injuries, a Nurse Advice Line, lower prescription drug prices, controls on health insurance companies, a statewide water plan, and several laws to control campaign spending and provide open government.      Now it is time for me to move on into new fields, and clear the way for someone new to carry the torch for Senate District 13 in Santa Fe. I have been honored and humbled to serve the people of the North Valley—and beyond.  Some of my most satisfying moments have come in partnership with my constituents, working on common problems and giving you an opportunity to participate in important decisions that should be decided by citizens, not just office holders.  In a democracy, after all, citizens are the highest office holders.  And so, I am not stepping down as much as branching out into the real world outside of the Roundhouse.      But don’t expect me to keep quiet or vanish from the scene.  Much has yet to be done.      I believe that every person has a project whether they are conscious of it or not.  It’s the thing that drives you, that defines you and gives your life meaning.  My project has been to give ordinary people a voice in what goes on in this country, to leave things a little better than I found them and to give back, to make available to others some of the economic opportunities, some of the educational benefits that this country has offered to me.         I have focused on what I considered to be the greatest injustice: Health Care.  Martin Luther King said it best: “Of all the forms of inequality, injustice in health care is the most shocking and inhumane.”      I will continue this focus in writing and journalism projects, a renewal of my communications company, and support for the causes I hold dear. I will still be walking the streets and talking the talk for candidates I believe in, and who knows, someday I may become one again. But now I must move on.   I will be on the job throughout the remainder of my term, which ends in Jan. 2013.  You will hear from me regularly with updates about state and local issues, campaigns and opportunities for action.  I will step up myblog and continue my e-mail newsletter. And stay tuned.  I am working ona book, hopefully out next year, on how the New Mexico legislature reallyworks.                           After the Dust Has Settled Wrap-Up     It wasn’t just me who thought things were a bit slow.  Only 77 bills passed the legislature this time—the fewest for a short session since 1976.      Among the good ones were several Memorials that don’t require the Gov.’s signature. One to recommend that the US Constitution be amended to overturn Citizens’ United, another for a study of a basic health care plan for low-income folks.      Three constitutional amendments will be on the ballot to clean up the PRC by removing the insurance division and the corporations’ registry, and requiring commissioners to meet basic educational standards.      Two good bills are now on the Governor’s desk—call 505-476-2200 to urge her to sign them.      1) SB 9 closes tax loopholes enjoyed by out-of-state “big-box” stores and levels the playing field for small businesses. It also actually lowers the corporate income tax rate slightly.      2) HB 74 stops the Conservancy District from requiring absentee ballots to be notarized to be valid in their elections. The practice has discouraged voters and depressed turnout in elections that fly below the radar screen.       Good bills that died: Sen. Jennings’ compromise on Drivers’ Licenses; Sen. Wirth’s measure to require transparency for “Super Pac” contributions; my bill to ban fireworks in time of extreme fire danger; Sen. Bernadette Sanchez’ bill to stem the rising tide of heroin and prescription drug overdoses; a bill banning legislators from immediately becoming lobbyists; Sen. Michael Sanchez’ bill to make home foreclosures fairer, and Rep. Brian Egoff’s tax credit for energy efficient home purchases and green renovations of foreclosed properties.      Thank you once again for the opportunity to serve you.  It has been a high point of my life.      With a heavy heart—but confidence in our community,        Sen. Dede Feldman

 

Last year’s Fire Season May Only be a Warm-Up for this Summer, says Valles Caldera Chief Scientist

Bob Parmenter, Chief Scientist for the Valles Caldera Preserve in the Jemez, where the largest fire in the state’s history burned over 30,000 acres last June, says that we may just be in “half time” before another devastating fire season.

New research shows that we’re in a two-year drought cycle, he says, and La Nina is now setting us up perfectly for more major fires.

 

I hope we can use this “halftime” to give us another tool to fight fires: the ability for the Governor and local governments to ban and restrict the sale and use of fireworks in times of extreme fire danger. If you agree, sign the petition at http://www.change.org/petitions/new-mexico-legislators-ban-the-sale-and-use-of-fireworks-in-times-of-drought.

Happy Thanksgiving: Update

Let Them Eat…. Pizza and Fries—Really?      Just when you thought Congress had hit rock bottom, came news last week that US School Lunch guidelines willcontinue to feature French fries and pizza (with the tomato paste counting as a vegetable). Congress caved to the frozen pizza and French fries lobbyists—a weighty force in DC. Click here for details.  The news came as I attended a national legislative conference held last week in the Duke City about the epidemic of obesity among school children and the coming diabetes epidemic that the Institute for Medicine now says will hit 2 out of 10 Americans by 2030.       Here in New Mexico we’re already on the front lines, with 33% of our children obese or overweight.  Among Albuquerque public school students, the rate is 34%, or 22,000 children in grades K through 8. Here are two maps of Senate District 13 showing that 19-25% of local 8th graders are extremely obese, and that 35% or more 5th graders are overweight and obese.           Obesity is currently costing New Mexico $329 million in medical costs each year, but the good news is that the National Conference of State Legislators brought their conference here, because we are beginning something about it.  Schools like Griegos Elementary are holding fun runs, and trying to integrate more physical activity into each day, despite the lack of funding for PE. Students and teachers are planting community gardens at Alvarado and Kirtland elementary schools and students in the Valley cluster enjoy fresh fruit and vegetable snacks from New Mexico several times a week, thanks to a pilot program I started a few years ago.  But there’s much more to be done.   Republican Party Seeks to Overturn State’s Campaign Contribution Limits—Groups Fight Back      New Mexico’s hard-fought measure to limit campaign contributions and the influence of big money on politics, which I co-sponsored in 2009, is the target of a lawsuit brought by the Republican Party, the oil and gas industry and Sen. Rod Adair.  The lawsuit is part of a nationwide effort spearheaded by Indiana lawyer James Bobb in advance of next fall’s elections.  The suit is aimed at the contribution limit of $5,000 to parties and political action committees—both the source of big money in campaigns.  Bobb was the lawyer in Citizens United, which determined that individuals and corporations could make unlimited contributions to support or oppose candidates as long as they don’t contribute directly to them.        Sen. Adair was the lone vote against the 2009 bill in the Senate, which brought reform to one of the last states to allow unlimited contributions.  I read the brief and was amazed at its audacity.   It repeatedly states that the reason for the suit is because the Republican Party, Adair, Harvey Yates (head of the oil and gas association) “are ready, willing and able” and want to make and accept contributions greater than $5,000 RIGHT NOW.        So much for one person, one vote.      Meanwhile, there’s action on a national level to halt the systematic effort to dismantle campaign finance reform and prevent big donors from crowding out the rights of ordinary folks who cannot make huge contributions.      Citizens are beginning to fight back against the 2010 Supreme Court ruling in Citizens’ United which removes controls on special interest spending and gives corporations the same rights as individuals. A recent public opinion survey by Hart Research found that 57% were dissatisfied with our political system, and 79% favor a constitutional amendment that would overturn the ruling and make clear that corporations are not people, and Congress has the authority to limit corporate spending on elections.      Amending the US Constitution is a long process but it has been done many times.  Sens. Tom Udall, Dick Durbin, Jeff Merkley, Chuck Schumer and Sheldon Whitehouse are starting the process by collecting petition signatures.    Sign here to allow Congress to regulate the big money.  Another organization in town recently is pushing for a broader amendment to ensure corporations are not considered people. For more information go towww.freespeechforpeople.org.   The Health and Human Services Interim Committee, which I chair, has heard a season’s worth of testimony about the alarming increase in drug overdoses, (New Mexico is now number one) prescription drug and teenage heroin addiction, Native American suicides, and more.  We’ve heard about health insurance rates, “medical homes,” and other ways to bend the rising curve of health care costs. We have followed the new administration’s approach to health care reform (an Office of Health Care Reform has now been set up and New Mexico is applying for a $34 million grant to set up a health care exchange).  We continue to wait for even a barebones plan to “modernize” the Medicaid program, as promised by the Human Services Department in June.      The final meeting of the committee will be held Nov. 30-Dec. 1. Still hanging in the balance is how to structure a Health Care Exchange, a marketplace for health insurance policies that is a major component of health care reform.  The Governor vetoed my exchange bill in March. Stay tuned for action on this item during the upcoming session.   Neighborhood News: Local Heroes       I continue to be so proud of Griegos Elementary.  They are the only school in New Mexico to receive the US Dept. of Education’s Blue Ribbon Award for the 2011 school year.  It’s a tribute to several years of hard work by the students, teachers, family and staff.  Principal Tom Graham deserves extra credit, too.      I am likewise proud of the Alvarado Neighborhood’s Joining Hands project, now on display in the new education building at the Rio Grande Nature Center where Candelaria dead ends into the river.  Kathy Chilton and Lauri Dickenson know how to make beautiful lemonade out of lemons.  The lemons here were the contentious feelings about the state construction project—and the lemonade consists of the beautiful montage of hands attached to neighbors of all sizes and stripes.  No two are alike!  The exhibit will be on view until Dec. 18, Saturdays and Sundays 2-4 p.m. Free!  Visit this web page for more info.

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.

 

Tobacco Troubles May Have Big Impact

 

               

One of the bright spots for health care and research programs targeted to tobacco-related illnesses in New Mexico has been the Tobacco Settlement.  Under the national settlement, reached in 1998, tobacco companies pay into a state account set up to offset the expenses we face as a result of tobacco usage. The payments are commensurate with tobacco sales in the state. We’ve gotten over $489 million from the participating manufacturers since 1999, and have used it to fund cancer research at UNM and Lovelace, cessation and prevention programs for kids statewide.  As a result, the rate of teen smoking is down.   Now the fund is in serious jeopardy as a result of Gov. Martinez’s veto of SB 397.  The Attorney General says that not only could we could loose tens of million in future payments, but also we could be required to pay back $160 million in past payments.   Whoa!  Talk about unintended consequences.      The reasons for this problem are complex and have to do with an escrow account into which the non-participating manufacturers pay their share and the state’s efforts to diligently enforce New Mexico’s law. Sales of tobacco products on tribal lands have complicated the issue, and an inadvertent clause in the 2010 cigarette tax law triggered the problem.      SB 397 (passed overwhelmingly in both chambers) was the correction to this problem.  Since it was vetoed, the tobacco companies have signaled their intention to sue the state and get back funds from past years.      Read more about the problem (if your eyes have not already glazed over) here. It is an article by Attorney General Gary King.       An entirely new wrinkle to these tobacco troubles appeared this week.  The AP reported that the Cabinet Secretary Designate for Indian Affairs, Arthur Allison, owns a smoke shop on the Navajo reservation, which has been selling contraband cigarettes, even after warned not to do so.  This may further jeopardize funds coming to the state from the settlement.

 

 

Of Fires and Fireworks

Las Conchas Fire:  Sacred Landscapes Destroyed, Hearts Broken… but Life will Go On in the Forrest

            Last weekend I drove from Espanola to Jemez Springs along NM 4, through the heartland of the Jemez Mountains. I’ve had a personal attachment to that magnificent landscape, especially the Valles Caldera, ever since I came here in 1975. My husband and I have explored backcountry of Bandolier, the valles of the Caldera, and the trails winding through tent rocks, volcanic tuff, ponderosas and pinon forests.  Like other nearby urbanites, we’ve sent our offspring to summer camp in the Jemez, and have enjoyed a weekend place in Jemez Springs since 1992. 

            That is all history now. Smoke covers the Parajito ski area in Los Alamos, and there is an eerie silence among the blackened remains of Coyote Call trail, the floor of the Valle Grande, Bland and Alamo canyons.  The largest and hottest fire New Mexico has ever seen has burned over 233 square miles. Bandolier National Monument will be closed for a year. And the fire is not out, despite 2,400 pick-and-shovel  “hot shots” on the ground, high-tech air support and a military-style incident command formed to fight the battle.

            The land defines us here in New Mexico and we are greatly attached to it-- even if we don’t depend upon it for our livelihood.  We look to it to connect us to the natural order of things, a connection that was severed as I watched the initial smoke column billow over Cat Mesa near my cabin on June 26 (above) . Whipped by 40 mph winds, the fire grew faster in that first Sunday than in all the rest of the week.

            “This will be a great teaching opportunity for us,” the young biologist told me at the Valles Caldera Headquarters.  “We were planning some controlled burns in there anyway,” she said.  It was the kind of remark that drew me out of the selfish thought that never again during my lifetime will I see the uninterrupted green of the beautiful watersheds that make up the Jemez.

                      On Deck: Fireworks Ban to Prevent Future Disasters

     As the fire in the Jemez raged on, many of you contacted me to ask if we could allow the Governor to ban fireworks in times of drought.  She currently does not have that power. I recounted the history of my attempt to pass a bill to give the Gov. that power in the wake of the Bosque fire, which was caused by fireworks, here in the North Valley in 2003.  (To make a long story short, the bill was defeated after an award-winning performance by the lobbyist for the fireworks industry who indicated that a mom-and-pop business would be destroyed if a ban was enacted.  His tearful testimony was effective and in spite of the presence of uniformed firemen from around the state pleading for a ban, the bill was tabled.) Fast forward: I am now working the Governor’s office on this public safety issue and expect it to surface in one of the upcoming sessions.  Our bill will give cities and counties more flexibility to ban fireworks, too. 

 

Veto Reactions April 10, 2011

    Bloggers Note:  Here's Health Action New Mexico's Reaction to Friday's  veto of SB 38 &370, which I co-sponsored with Sen. George Munoz :   

GOVERNOR MARTINEZ VETOES NEW MEXICO INSURANCE EXCHANGE ACT

Delay to Implement May Cost New Mexico Millions of Dollars in Federal Exchange Establishment Funds

 

Today Governor Martinez announced her veto of SB 38/370, the New Mexico Health Insurance Exchange Act passed in the recent legislative session with bipartisan support.

State health insurance exchanges are a key component of the federal health reform legislation passed in 2010.

 

State exchanges are consumer-friendly, web based marketplaces that provide health insurance in a combined risk pool for small businesses, sole proprietors, and persons buying insurance in the individual market.  Also included would be persons currently uninsured due to affordability or pre-existing conditions. Federal subsidies for insurance premiums will only be available to those purchasing health insurance on the exchange. The state exchanges will begin functioning in January, 2014.  The federal government will set up the exchanges in states that do not have their exchange ready by January, 2013 including an IT system that can coordinate with Medicaid and other related services.

 

 

The vetoed SB 38/370  NM Insurance Exchange Act was a merged amended bill representing hours of compromise between various stakeholders weighing in on the best solutions to set up an exchange in New Mexico.  The bill built upon the expertise in New Mexico of setting up two state high risk pools and the NM Health Alliance for more affordable health care for small business.  It incorporated the recommendations of the SMJ1 Health Reform Task Force set up by the NM legislature in the 2010 session and the Executive Health Reform Task Force set up by the Governor in April of 2010.  Stakeholder groups of insurers, providers, small business , consumers and advocates weighed in on those recommendations over 8 months for both task forces.

 

“As a consumer organization committed to health care coverage for all New Mexicans, we are very disappointed not to see this legislation signed, ”  said Barbara Webber, Executive Director of Health Action New Mexico.  “A state exchange is especially important for New Mexico which has the 2^nd highest rate of uninsured persons in the country.  One out of four New Mexicans is currently uninsured and most of them hold jobs.  New Mexico is also a small business state for whom more affordable health coverage is very important” elaborates Webber.

 

State health exchanges will provide affordable health care to small businesses in New Mexico in three ways: 

• First, already in 2110, the new law starting providing tax credits to small businesses of up to 35% for health coverage provided to employees.  This tax credit for over 20,000 small businesses will increase once the state exchanges are started in 2014.
• Secondly, the exchange will put employees of small businesses as well as people who buy on the individual market in a combined risk pool so they will have the discount advantages of large group plans. 
• Thirdly, it will provide subsidies to employees getting their insurance through the exchanges who are 400% below the poverty level.

This leveling of the playing field for small business means they can recruit and retain employees who otherwise sign on with large employers to have access to health insurance.

 

“We are glad that Governor Martinez supports an exchange framework as noted in her veto letter.  However, we are concerned that by vetoing the exchange bill at the juncture, Establishment Federal funds will now be delayed for New Mexico at a cost of millions of dollars.  Furthermore, the milestones to maximize benefits for setting up an exchange in New Mexico might not occur in a timely manner” said Webber.  This would mean that the federal government would set up the exchange for New Mexico.

“We hope that Governor Martinez will work collaboratively with all stakeholders in the complex task of creating the state exchange.  Health Action New Mexico and consumers look forward to being part of the process.”  

Sen. Feldman's  reaction:  It may be time to work with our Congressional delegation to have the US Health and Human Service Agency in Washington set up an exchange for us. That's the position we're in now. Under the new law, failure to have an exchange standing up by 2013, will mean loss of federal planning dollars and a default to a federal exchange.  Who knows maybe the costs would be lower and choices better using a federal pool.  It's all up in the air, in light of the veto.  

Let me know how you feel-- a state or federal health insurance exchange???

 

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).

 

 

 

            

 

This Week--and Next-- in the NM Legislature

Joint Sessions Mark First Weeks of Legislature

The first two weeks of the legislature were marked by huge joint sessions featuring speeches from our Senators and Congressmen, and on Friday, from tribal officials. The speeches ranged from a Ross Perot-like lecture from Rep. Steve Pearce, complete with white board and magic markers, to Navajo Tribal Chairman Ben Shelly delivering his remarks off of an I-Pad.  All most all of the speeches focused on jobs.  The “Dems” were largely on message, showcasing the federal investments they’ve brought to the state, and the thousands of jobs that they created-- and saved.    Pearce, the lone Republican, attributed the loss of jobs to the Spotted Owl.  I guess, by this he meant environmental regulations, since the last time I looked spotted owls don’t live in New Mexico.   Anti-regulation fever has hit the Roundhouse this year, with many singing Pearce’s tune.  I don’t hear much mention of how the lack of financial regulation is what got us into this mess in the first place.

 

 
Native American leaders pledging alliegance to the US as Miss Navajo sings the National Anthem in Navajo.  Only in New Mexico.

Two Important Health Care Bills up in Senate Public Affairs This Week

            The two most important pieces of the new Patient Protection and Affordable Care Act are insurance regulation and the establishment of state exchanges.  I have bills on both, and they will be heard this week in the Senate Public Affairs Committee.  If you’re supportive (and according to the recent district survey, you are) please contact members to support SB 208, an insurance measure that provides transparency, public hearings and a more robust rate review process in the Department of Insurance. According to the bill, proposed rates must be “reasonable, not excessive or inadequate, and not unfairly discriminatory” and the companies must prove that they are based on reasonable administrative expenses and medical cost increases.   The hearing will be on Tuesday Feb. 8 in Room 321.  For more information on the bill go to http://senatorfeldman.typepad.com.

The other bill, SB 38 establishes a state health insurance exchange as a non-profit governmental group to act as a clearinghouse for the sale of insurance policies.  The exchange will be more transparent and consumer-friendly than the current system, which is a nightmare for small businesses and individuals.  And it will pool purchasers together to buy policies, which can mean lower prices. The exchange must be up and running by 2014, and it is fully funded through the new act through 2015, when it must become self-sufficient. Failure to set up a state exchange will result in the federal government doing it for us. This bill will be heard on Thursday Feb. 10.

Contact Senators on both bills by calling 505-986-4300 and asking for their office; then leave a message. Or you can e-mail them at the addresses below

Sen. Tim Eichenberg (tim@eichenbergfornewmexico.com)

Sen. Mary Jane Garcia (maryjane.garcia@nmlegis.gov)

Sen. Cynthia Nava (cnava@gisd.K12.nm.us)

Sen. Eric Griego (egriego@yahoo.com)

Sen. Mark Boitano (boitanom@aol.com)

Sen. Vernon Asbill (vernon@asbillforsenate.com)

Sen. Bill Burt (bill.burt@nmlegis.gov)

 

Conservancy District Elections

The Middle Rio Grande Conservancy District elections were the subject of a Task Force this interim, charged with increasing participation in district elections, which currently garner about 5% of small universe eligible to vote (property owners in the valley areas of Bernalillo, Sandoval, Valencia and Socorro Counties). Trouble is, the Task Force didn’t recommend any major moves toward more voter participation, as I had hoped.  They did recommend that candidates publicly report their contributions and expenditures, which I have proposed in Senate Bill 312, now before the Senate Rules Committee. Also included in the bill is a requirement that candidates be subject to the same contribution limits that all other state elected officials are-- $2,300 from an individual or organization. 

But the real news here is that Rep. Miguel Garcia from the South Valley has proposed that the District use mail-in ballots, which would vastly improve turnout.  His HB 260 will be presented Tuesday Feb. 8 in the House Voters and Elections Committee in Room 305, the State Capitol Building and he is asking for you presence or your emails to committee members. They include:  Rep. Mary Helen Garcia, Rep. Danice Picraux, Rep.Tom Anderson, Rep. Nate Gentry, Rep. Conrad James, Rep. Ben Lujan, Rep. Roger Madalena, Rep. Ken Martinez, Rep. Bill Rehm, Rep. Debbie Rodella, Rep. Ed Sandoval, Rep. James Smith and Rep. Shirley Tyler. You can call their offices through the main switchboard at 505-986-4300.

 

            Transparency:  Is the Shoe Now on the Other Foot?

            I was surprised last week when the Republicans on the Senate Rules Committee opposed a transparency bill I sponsored (SB 31) that would require contractors with the state to disclose contributions over $250 made to the elected officials who can influence the selection process in the two years prior to the procurement period, and ban them altogether while the state is deciding which contractor to pick. This “Pay-to-Play” bill got widespread support last year, but it may be different now.  The Republicans felt this would discourage contractors from bidding at all, and be too much paperwork. Another committee member said this was “a boondoggle.” Still others feared that it would apply to the community boards upon which they sit.  In spite of the objections, the measure received a do pass.  Last year, the very same bill was handily passed by both the Senate and the House, but got caught up in a delay on the last day of the session.  The bill, supported by the both AG and the Courts and Corrections Committee, next goes to the Senate Judiciary committee, which its fate will be determined.

 

 

2011 Session Opening, Feldman's Constituent Survey Results

    Emotions ran high on opening day of the 2011 legislature, with a new Governor delivering a state-of-the-state address that proposed continued cuts in state programs, rejection of any tax increases, a repeal of the death penalty ban, more DNA testing and a rollback of credits to the film industry.  It was hard not to see the address as a line drawn in the sand rather than a call for bipartisan cooperation with the Democratically controlled legislature.  But of course, elections do have consequences.    

     A record response to my constituent survey will help me make some hard choices at a time when the state’s revenue falls about $400 million short of what’s necessary to balance the state budget.  In the past few weeks, over 800 responses have come pouring in, over the Internet as well as through the mail. You can still respond, here.  

    Thanks again for your input.  It’s important to me! I’ll be chairing the Public Affairs Committee again where many of the health, pension and restructuring bills will be heard.  Contact me while I’m in Santa Fe at 1-505-986-4482, e-mail me at dede.feldman@nmlegis.gov or drop by my office in Room 300.  Information on bills, schedules and committees is available at www.nmlegis.gov. Senate floor sessions are now broadcast there as well.  I’ll be sending out periodic e-newsletters and encourage you to sign up if you're not on the list.

     Here's the news release that I sent out when a team of great volunteers finished compiling most of  the returns(no small task). 

     Constituents to Feldman: Don’t Cut Medicaid and Education Further; Close Tax Loopholes and Review Rates

             Sen. Dede Feldman (D-Bernalillo) today released the results of her annual constituent survey, which was sent in late December to 6,500 of her voting constituents.  Also, for the second time, the survey was sent via e-mail to an additional 1000 constituents.  Feldman represents District 13, which covers the North Valley of Albuquerque from Old Town to Los Ranchos, parts of the West Side and near-Heights.  

 

            As of Sunday Jan. 16^th,  462 constituents responded to the hard copy survey and 328 responded on line for a total of 790 responses.  Results are still coming in. 

            “This is not a scientific survey,” says Feldman, “ but it gives me a good idea of what people are thinking and it gives them a good picture of the hard choices that we are facing this session.”

            “This is the biggest response I’ve had in a long time.” she added

            Facing a budget shortfall for the third time in three years, constituents were asked whether to continue cutting programs or consider tax increases.  78% favored maintaining current benefits and eligibility for Medicaid and 56% did not want to cut education further.  However, 94% want to review tax incentives to see whether they are working to create jobs and economic activity, and 94% want to close tax  loopholes like the “combined reporting” provisions which allow out-of-state corporations to avoid full state taxes.

            Asked about specific cuts on the table at the upcoming session, 97% wanted to reduce the number of governor-appointed state employees, 73% wanted to eliminate funding for the spaceport and 74% wanted to close selected higher educational institutions and branch colleges.  On the other hand, constituents did not want to shorten the school year (82% said no), enlarge class sizes (72% said no) or raise tuition at colleges and universities (62% said no).  79.5% did not want to eliminate the Rail Runner.

                     On other tax matters, 88% said they wanted to increase taxes on smokeless tobacco products, 85% wanted to increase alcohol taxes, 77% wanted taxes on soda and soft drinks and 80% said they wanted to eliminate the 2003 income tax cuts for top earners. 53% favored a reduction in tax credits for the film industry. 

 

Among other results:

 •56.7% do not want the state to borrow against our permanent funds

 •52.4% favor repeal of drivers’ licenses for undocumented residents

•61% support a constitutional amendment that would abolish the PRC and replace

it with another entity that 43% say should be a combination of appointed and elected

•58% feel environmental regulations on oil, gas and mining are too lax

 

Regarding Education:

•77% believe that charter school offer a needed alternative to public school

•82% want them evaluated for effectiveness

•53% favor a moratorium on the construction of charters

•92% want to limit charter school principals’ salaries

•64% want to eliminate less popular academic programs at universities

•62% support continued increased contributions from teachers and staff for benefits

•49.9% want a temporary elimination of college athletics

•49% favor hiring freezes

 

Regarding Health Care

•90% favor taking advantage of grants through the federal health care bill

•84% a state-run health insurance exchange

•93% want a more stringent process for reviewing health insurance rate increases

•91% want strict enforcement of new federal insurance requirements on preexisting conditions and coverage limitations

•63% support a mandate that everyone carry health insurance

•52% support a Medicare-for-All approach

•83 % favor a program to allow donation of unused prescription drugs

 

       Let the Games Begin! Sen.Feldman signs in for the session, with Senate Chief Clerk (and Wonder Woman) Lenore Naranjo.