Democracy for New Mexico

Senate Committee Passes House Minimum Wage Bill

According to an article in the Santa Fe New Mexican, the NM Senate Corporations and Transportation Committee passed Speaker Lujan's House bill (HB 258) by a 5-4 margin. This bill would raise the minimum wage to $7.50 over two years and provide for indexing to the cost of living. The bill goes next to the Senate Finance Committee, where an alternative proposal advocated by Gov. Bill Richardson is also pending. That bill, SB 449, provides for a $7.50 wage phased in over three years with no indexing for inflation.

With the regular Session set to adjourn next Thursday at Noon, it will be a difficult task for legislators to come up with a compromise between the two bills. Supporters are urged to contact members of the Senate Finance Commitee and urge them to adopt Rep. Lujan's version of the bill.

Shameful: House Committee Kills Medical Marijuana Bill

A bill passed by the NM Senate that would allow patients suffering from diseases like cancer or AIDS to use medically prescribed marijuana was tabled yesterday in the House Agriculture and Water Resources Committee on a  4-3 vote. Tabling of a bill this late in the Legislative Session means it's effectively dead.

The vote tally indicates that at least one Democrat voted for tabling. Both Rep. Ray Begaye (D-Shiprock) and Rep. Joseph Cervantes (D-Las Cruces) reportedly voted against tabling so that leaves Democrats Joe Stelle (D-Carlsbad) and Andy Nunez (D-Hatch) as possible votes for killing the bill. If anyone knows how these Representatives voted, please let me know.

SB 258, the "Lynn Pierson Compassionate Act," was sponsored by Senator Cisco McSorley, who had predicted the bill had an excellent chance of passage. Apparently someone in the Democratic House Leadership didn't want that to happen, despite Governor Richardson's professed support for the measure. The referral of the bill to the House Agriculture and Water Resources Committee was generally seen as an attempt to kill it, given the conservative nature of some of its members. It worked.

What a victory for small-mindedness and muddied thinking. What a painful and even dangerous loss for those suffering from serious diseases who can gain some measure of relief from a relatively harmless substance that has been used medicinally for centuries. Certainly the forces of compassion were trumped by the forces of backwards thinking. Again.

The bill had bipartisan support in the Senate, including that of Republican Senator Steve Komadina, a physician. It passed by a whopping margin of 34-6. Medical marijuana acts have been approved in Alaska, California, Colorado, Hawaii, Maine, Montana, Oregon, Nevada, Rhode Island, Vermont and Washington. But again, small numbers of Democrats and Republicans stood in the way of New Mexico joining that enlightened group.

Shame on those who voted against this bill on the basis of distorted claims by DEA-related cronies and other alarmists who seem more responsive to law enforcement fearmongering than to real human suffering. An Albuquerque Journal article reports that the committee's unconscionable vote was greeted by a shout of "Why are you trying to kill us?" by Essie DeBonet, 61, who said she has suffered from AIDS for 18 years and needs marijuana to control the pain without giving her nausea that prevents her from eating.

Maybe she should ask Big Pharma. Another article in the Santa Fe New Mexican describes how drug makers are funding people to testify against medical marijuana bills. Money talks. The pharamaceutical industry contributed more than $97,000 to New Mexico political campaigns in 2002 and more than $56,000 in 2004.

Paper Ballots Bill Heads To Full Senate For Consideration

2/13/06 10AM UPDATE: SB 295, the paper ballots bill, was NOT heard by the Senate on Sunday. It is listed first on the Senate Floor calendar for hearing today, Monday.

From NM Senate Democrats:
SANTA FE – A measure mandating that paper ballots be used for all New Mexico voting systems is headed to the Senate Floor on Sunday for consideration. SB 295 Require Paper Ballots for all Voting Systems, receiving approval from both the Rules and Public Affairs committee, is sponsored by Senator Linda Lopez (D-Bernalillo).

“We have to restore the public trust in the election system, there have been a lot of issues out there about getting an accurate count of a persons vote and this is one way to take care if it.” says Senator Linda Lopez. “This is something that everyone can use and it is a system that is already being used in New Mexico. Currently there are 12 counties that already use optical scanners and paper ballots and eight more are prepared to use the paper ballot system.”

The effort to use a uniform paper ballot system in lieu of electronic touch screen systems will create greater consistency in the administration of elections. If passed, the legislation would require that paper ballots be used in all elections and recounts. It also requires county clerks to have systems in place by December 31, 2007. An amendment made during Friday night’s meeting of the Public Affairs Committee would require a competitive bid process for County Clerks as they implement the paper ballot systems instead of a sole source provider.

Senate Bill 295 is scheduled for “Third Reading”, meaning the New Mexico Senate could vote on the measure as early as Sunday. Click to contact Senators.

Senate Endorses Ethics Legislation Targeting Procurement Contractors

From NM Senate Democrats:
SANTA FE, NM – Senate Bill 344 Contributions By Procurement Contractors, sponsored by Senator Dede Feldman (D-Bernalillo), moved through the Senate Thursday evening on a 37 to 4 vote.
“This is a great bill and a good start in assuring the public that state contracts are not based on campaign contributions or gifts to those elected officials who may be able to influence the selection of a contractor,” says Senator Dede Feldman. I think we need to restore the public trust. We’ve seen some abuses of the procurement process and this is a step in solving it.”

The legislation identifies prohibitions and reporting requirements for prospective state contractors during the bidding process. Specifically it requires prospective contractors with the state or local public bodies to disclose all campaign contributions over $250 made to applicable state and local public officials during the two years prior to submitting a competitive sealed proposal. The same applies in cases involving a sole source or small purchase contracts.

The legislation also prohibits prospective contractors their employees, family members and related agents from making campaign contribution or giving anything of value to an applicable state or local official during the procurement process, including negotiations during the procurement process.
Approved floor amendments during the floor discussion broadened the disclosure to include contributions made by any appointee to the Board of Finance to a political candidate over a five year period as well as disclosing any and all tax liens and judgments that have been filed against them over the last ten years. Another amendment further prohibited family members from making contributions during the procurement process. “Family members” are identified as a “spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law.”

Senate Bill 344 now moves to the House of Representatives for consideration.

Senate Paper Ballot Bill Passes Despite Republican Rants

Editor's Note: The Santa Fe New Mexican provides a good account of what occurred at yesterday's Senate Rules Committee meeting on SB 295.

From Paul Stokes of United Voters NM:
I am pleased to tell you that the paper ballot bill, SB 295, was given a "do pass" today. The vote was 5 - 4 on party lines. And the discussions were brutal. The Republicans hammered on their key talking points, using a letter from Bernalillo County Clerk Mary Herrera to provide them with much of their information. An excellent response to that letter from Jim Noel was ignored.

The bill now goes to the Senate Public Affairs Committee. Click to contact members.

Emails and phone calls to these senators will be very important to show the public's interest in getting this bill passed. Based on the close votes on SB 295, it will be important to get all the votes that we can. The next Public Affairs committee meeting is scheduled for 1:30 PM Friday, 10 February, in Room 321 and SB 295 is likely to be heard then; however, check on the Legislature website for information. I hope to see you there.

The Republicans said that, based on Herrera's letter, over a thousand ES&S Model 100 opscans would be needed for early voting sites just in Bernalillo County; that this was a scheme to funnel money to a single supplier; that the AutoMARK ballot marking device did not meet the needs of disabled voters; that the vote count from paper ballots would be inaccurate because of ballot box stuffing, lost ballot boxes, etc.; and that there was no reliable estimate of the cost to convert to paper ballots. They said this with much elaboration over a period of about two and a half hours. They charged that the administration was corrupt, and was forcing a voting system on the state that was not in the public interest.

The Noel letter discussed several options for equipping early voting sites that would be use far less equipment that the thousand opscans mentioned in Herrera's letter, and also corrected some assumptions made in the letter that would significantly reduce the number of Model 100 machines needed if that were the option chosen.

ACTION ALERT: Minimum Wage Countdown

From New Mexicans For a Fair Wage:

Friday: Call the Governor
In the past few weeks, we have generated hundreds of calls to the Governor, and he has taken a stand for $7.50 in spite of protests from numerous opponents. But Governor Richardson needs to support indexing, so the wage increase several years down the road will retain its buying power.

We need to step up the calls to the Governor dramatically. The legislative session ends at Noon Thursday. Get five of your friends to call the Governor today, and call them back to make sure they placed the calls! Dial 505-476-2200 and tell the Governor that a minimum wage without indexing to inflation will soon return working New Mexicans to deep poverty.

Call Senator John Arthur Smith (D-Deming)
Tell him to support SB 449 and to add inflation indexing to the bill. 505-986-4363.

Saturday: Call Senator Mary Jane Garcia (D-Las Cruces)
Tell her we need a $7.50 minimum wage with indexing: 505-526-5048.

Monday: Attend Attend Senate Finiance Committee Meeting
Senator Ben Altamiro’s bill, SB 449, has been referred to a third committee, Senate Finance, which is likely to hear the bill Monday afternoon. This may be the best, last time to come to the Roundhouse before the session ends to tell Senators what New Mexicans really need before they cast their final votes. Stay tuned for final scheduling.

Editor's Note: Check out this previous post for background on the House and Senate paper ballot bills.

Solar Energy Bills Need Your Help NOW

From Ben Luce of the Clean Energy Network:

THIS IS IT FOR THE SOLAR BILL FOLKS!

The Solar Tax Credit Bills are in their final stages. We need as many phone calls and emails as possible, ASAP, into the Senate Finance Committee. Please call and/or email the Committee
members, whose contact information is given below. These may be heard as early as Wednesday, February 8th.

Please call and or email the Senators below even if you do not live in their territories. Simply give your name, any renewable energy credentials you might have, and ask that they support the bills listed below. Tell them you think these are well thought out bills and beneficial for New Mexico.

The bill number is SB 269 (Solar Market Development Act), and is sponsored by Dede Feldman. Mention the phrase "solar tax credits" explicitly, so they don't have to look up the number to know what you're talking about. This bill would provide a 30% tax credit, up to $9000, for people who install solar systems on their homes or businesses. Its a great bill - very carefully thought out.

Also, please urge support for SB 469, which provides production tax credits for "mid-size" renewable energy projects (such as a wind or biomass project at a farm), and support for larger scale solar projects (projects larger than 1 megawatt). SB 469 is sponsored by Carlos Cisneros.

Talking Points:

There is great skepticism on this committee, in particular, about problems with solar tax credits in the 1980s. These problems were real, and the proposed legislation takes them into account very carefully. If you should find yourself discussing this issue with one of the legislators, the talking points on this are:

This bill (SB 269) will not re-create the problems of the 1980's because:

1) The state tax credits are modest (30%) compared to the 60%+ credits of the 1980s.

2) The new federal solar tax credits (which are capped at $2000) are subtracted, not added, to the state credits. The purpose of the state credits is to increase the cap to $9000, and extend them beyond 2007, but its NOT to add to them willy nilly and create an overheated market.

3) The bill requires that the state carefully certify system components and installations before issuing the credits. The process will not be onerous at all for people using good equipment and good installations, but it will completely prevent having tax credits for the complete garbage that some companies were hawking in the 1980's.

4) Today's technology is much better, and has a great track record both here (in small numbers), and in other states and other countries that already have strong incentives.

5) There are now a growing certification system for installers (the North American Board of Certified Energy Practitioners, for example), which is helping greatly to promote high quality installations. Such certification is not required by the bill, but the state will be encouraging installers to obtain such training.

The Senators on the Senate Finance Committee and their contact info is:

Senator Joseph A. Fidel, Chair, Democrat
Grants, NM
Capitol Office Phone: 986-4362
Office Phone: 287-4432
Home Phone: 287-4864

Senator John Arthur Smith, Vice Chair, Democrat
Deming, NM
Capitol Office Phone: 986-4363
Office Phone: 546-4979
Home Phone: 546-8546
E-mail: john.smith@nmlegis.gov

Senator Joseph J. Carraro, Ranking Member, Republican
Albuquerque, NM 87114
Capitol Office Phone: 986-4387
Office Phone:
Home Phone: 898-9369
E-mail: joecarraro@aol.com

Senator Sue Wilson Beffort, Member Republican
Sandia Park, NM 87047
Capitol Office Phone: 986-4395
Office Phone:
Home Phone: 292-7116
E-mail: sue.beffort@nmlegis.gov

Senator Pete Campos, Member Democrat
Las Vegas, NM 87701
Capitol Office Phone: 986-4311
Office Phone: 454-5700
Home Phone: 425-0508
E-mail: petecampos@newmexico.com

Senator Timothy Z. Jennings, Member Democrat
Roswell, NM 88202-1797
Capitol Office Phone: 986-4863
Office Phone: 623-8331
Home Phone: 623-9378

Senator Carroll H. Leavell, Member Republican
Jal, NM 88252
Capitol Office Phone: 986-4278
Office Phone: 395-2535
Home Phone: 395-3154
E-mail: leavell4@leaco.net

Senator Leonard Lee Rawson, Member Republican
Las Cruces, NM 88004
Capitol Office Phone: 986-4703
Office Phone: 528-1801
Home Phone:
E-mail: lee.rawson@nmlegis.gov

Senator Nancy Rodriguez, Member Democrat
Santa Fe, NM 87501
Capitol Office Phone: 986-4264
Office Phone:
Home Phone: 983-8913

Senator Leonard Tsosie, Member Democrat
Crownpoint, NM 87313
Capitol Office Phone: 986-4859

Thanks,
       Ben Luce

Push Now for Senate Paper Ballot Bill

From Paul Stokes, United Voters of NM:
There were a number of supporters for and opponents of SB 295 present in the gallery at yesterday's hearing in the Senate Rules Committee. SB 295 is the paper ballot bill introduced by Senator Lopez.

Supporters and opponents were divided more or less along party lines. Supporters spoke mostly of benefits of paper ballots for assuring vote counting accuracy, providing for voter verifiability, transparency, voter confidence, and similar topics. Opponents said that implementing and using paper ballots and optical scan vote counters would be difficult, expensive and subject to falsification using techniques such as ballot box stuffing, and would remove discretionary power for county clerks to do the best thing for their constituents.

Supporters represented a broad range of individuals and groups, and included a number of election reform activists as well as other concerned citizens. Opponents identified themselves mostly with Republicans, but included some County Clerks or their representatives, and the vice president of sales and a lobbyist for Sequoia Voting Systems.

The Sequoia representatives said, among other things, that paper ballot systems cost 30% more, that opscans suffered a high undervote rate, and that the disability community was not adequately served by the AutoMARK, and might result in lawsuits.  As you may know, these claims are not true, although lawsuits can never be discounted.

Regarding expensiveness, Jaime Diaz from the Bernalillo County Clerk's office claimed that the twelve early voting sites in Bernalillo County would require some 4 hundred optical scan machines to handle all of the ballot styles in use in the county during a general election, and some 8 hundred machines for primaries (twice as many because of two parties).  He did not discuss other possible solutions, such as transporting ballots from early voting sites to central scanners. Ernie Marquez, in his role as Bureau of Elections chief and as the expert supporting Senator Lopez, did not necessarily agree with Diaz' claim, but didn't dispute it either.

The discussion that followed consisted mostly of Senator Duran asking questions of Senator Lopez or Ernie Marquez about the estimated cost to the state of going to the paper ballot system, considering various uncertainties in the number of opscans needed.  One variable of great importance is whether it will be acceptable to use opscans of various types currently available in the state, especially the large number of Sequoia Insights. As an example of the tenor of the discussion, she also pointed out a problem that recently occurred in Florida with the AutoMARK ballot marker.  She did not describe the details, but it turns out that the audio system of the AutoMARK cannot notify voters of undervotes on multi-sheet ballots (although it can for one- or  two-sided single sheet ballots) during the ballot review, although it does notify the voter while he/she is voting. Florida is confident this problem can be resolved, "and fully expects ES&S to ultimately complete this certification  effort" (Florida Department of State Division of Elections).

The obvious intent of the questions from Senator Duran was to show the difficulty of implementing the paper ballot system, and was not to enlighten the Committee regarding its implementation.

Just before the hearing recessed, Senator Ortiz y Pino pointed out that, contrary to what was said during the earlier discussion, the New Mexico representatives of the disabled community indicated no concerns with using the AutoMARK.  He further said that the real issue was accurate counting of the vote, not details of implementation and cost.

The meeting recessed about 10:15 AM because of urgent business on the Senate floor. It will re-convene today (Tuesday) morning at 8:30 AM in Room 321. There may not be time for this new schedule to be documented on the Legislature web-site.

The large number of concerned citizens that were present, many of whom voiced their support for paper ballots, was an important indication to the Senators of the public's interest in this matter.  Please do what you can to attend the meeting this morning or call members of the Senate Rules Committee.

NM House Passes Lujan Minimum Wage Bill

From New Mexicans For a Fair Wage:
By a 38-30 margin, Speaker Lujan's minimum wage bill (House Bill 258) passed the House floor Monday. Not a single Republican voted for it, while all Democrats, with the exceptions of Representatives Mary Helen Garcia (Las Cruces) and Dona Irwin (Deming), voted for New Mexico's working families. The Speaker’s bill was amended to cover all state and local governmental employees, a change that makes it even stronger.

Also, Senator Altamirano's minimum wage bill (Senate Bill 449) passed the Senate Corporations Committee (all Democrats voting for, all Republicans voting against). The bill was amended to strip a bad amendment that was attached to it last week. Now it matches the Governor's original proposal.

Senate Bill 449 has some serious weaknesses, but we need some kind of bill to pass the Senate floor. Now is the time to call Senators and ask them to support the bill but also amend it to include inflation indexing, a shorter phase-in period, and no preemption of cities that choose to enact their own laws. 

Just like in the House, it is very likely that there won't be a single Republican voting with us. There are also lots of conservative Democrats in the Senate who will only consider changing their minds if they see a tidal wave of calls in the next few days.

The list below is prioritized, with the first set of senators those most in need of hearing from the public. All are Democrats:

1st Tier:
Sen. Tim Jennings (Roswell) 986-4863
Sen. John Arthur Smith (Deming) 986-4363
Sen. Mary Jane Garcia (Las Cruces) 986-4726
Sen. Shannon Robinson (Albuquerque) 986-4856 (Thank him for voting for SB 449 in his Corporations Committee)
Sen. Joseph Fidel (Grants) 986-4362
Sen. Lidio Rainaldi (Gallup) 986-4310
Sen. James Taylor (Albuquerque) 986-4862
Sen. Mary Kay Papen (Las Cruces)

2nd Tier:
Sen. Michael Sanchez (Belen) 986-4727
Sen. Bernadette Sanchez (Albuquerque--Westside) 986-4267
Sen. Carlos Cisneros (Questa/Taos) 986-4861
Sen. Richard Martinez (Espanola) 986-4389
Sen. Pete Campos (Las Vegas) 986-4311
Sen. John Pinto (Tohatchi) 986-4835
Sen. Leonard Tsosie (Crownpoint) 986-4859
Sen. Cynthia Nava (Las Cruces) 986-4834

If you are able to get a firm answer about how a Senator will vote on SB 449, please email Carter Bundy at carterbundy@yahoo.com, so we can have an updated list of where each Senator is.

Let's enjoy our victory in the House, but remember that it is just one step of many before we get a final bill that really helps New Mexico workers. And you, by making these calls, are going to make the difference in getting that bill to pass both houses.  Gracias!

Editor's Note: Speaker Lujan's House bill, which passed after a three-hour floor debate, would raise the minimum wage from $5.15 to $6.75 in 2007 and $7.50 in 2008. Employers could pay a "training wage" of $5.15 for the first 60 days a worker is on the job. And, in a concession to chile producers, food processors could apply to the state Department of Labor for exemptions. The bill includes increases indexed to the cost of living and permits local and county governments to enact their own higher minimums.

Sen. Altamirano's bill on the Senate side would provide $7.50 an hour phased in over three years, does not currently include cost of living indexing and stops local minimums from being enacted for five years.

MAKE CALLS NOW: House Votes on Lujan Minimum Wage Bill Today

6 PM UPDATE: According to Kate Nash's Roundhouse Report, "House members met briefly this morning, and then went to caucus, presumably on the minimum wage bill on the House floor calendar today." She called it the "probably the most worked-on bill so far this session."

From New Mexicans for a Fair Wage:
The Committee Substitute for HB 258 (Rep. Ben Lujan) raising the minimum wage to $7.50 will be heard and voted this morning (Monday) on the House Floor. The votes of the following representatives are CRUCIAL for this important bill to pass. Here's the latest version of the bill.

Please call the offices of as many as you can this morning and urge them to support the Committee Substitute for HB 258 (It is particularly important if one of these representatives is from your own community, that you let him/her know that you support HB 258.):

Rep. Ray Begaye (Shiprock) 986-4436; Rep. Joe Cervantes (Las Cruces) 986-441; Rep. Mary Helen Garcia (Las Cruces) 986-4435; Rep. John Heaton (Carlsbad) 986-4432; Rep. Rhonda King (Stanley) 986-4438

Also SB 449, the Governor’s proposal, is on the long agenda for this afternoon’s Senate Corporations Committee at 2:00 PM in room 303. Call the following senators, and ask them to amend the Governor’s proposal by removing preemption and adding indexing:

Senator Shannon Robinson, Albuquerque (986-4856); Senator Bernadette Sanchez, Albuquerque (986-4267); Senator Diane Snyder, Albuquerque (986-4375); Senator Carlos Cisneros, Questa (986-4861); Senator Phil Griego, Santa Fe (986-4265); Senator Cynthia Nava, Las Cruces (986-4834); Senator Stuart Ingle, Portales (986-4702); Senator Dianna Duran, Tularosa (986-4701); Senator Mark Boitano, Albuquerque (986-4366).