New Mexico In Depth 2015 Legislative Guide

NM

New Mexico In Depth

In

Depth

legislative guide

A look at how the NM Legislature

can be more

transparent,

accessible and responsive — and what’s keeping that from happening

Illustration by Anson Stevens-Bollen – New Mexico In Depth

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New Mexico In Depth • 2015 Legislative Guide

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New Mexico In Depth • 2015 Legislative Guide

Introduction

Contents

Dear Reader,

Voters keep legislators from being paid...........................4 State Ethics Commission ‘postponed’................................ 11 State lags in disclosing campaign finance info.............. 14 Other states lead in campaign finance disclosure......... 16 Webcasting brings increased access................................ 18 Short-term capital outlay projects scrutinized................ 22 Examples of faulty spending process dot the state...... 25 How legislation moves through the Legislature.............. 26

ARTICLES

This guide differs from others you might have read. In what way, you ask?

Consider it our attempt to pull back the curtain on how the New Mexico Legislature works and, in some cases, doesn’t. In other words, we are not interested in the spectacle and theatrics of each year’s legislative session so much as how much information state lawmakers share with New Mexicans about how they conduct the public’s business.

At a deep, profound level, one of the great innovations of democracy is that it invests the public with the authority of oversight of their elected leaders. To fulfill that responsibility, the public needs information.

New Mexico state lawmakers often acknowledge this reality in word – they like to say the Roundhouse is the People’s House – but not always in deed, it could be argued. I don’t mean to suggest New Mexicans aren’t welcome at the Roundhouse. They are, and state lawmakers often greet them warmly.

In a functioning democracy, the assumption is people have the knowledge to make informed decisions when elections roll around. But how much information do state lawmakers truly share with New Mexicans about their day-in, day-out working out of the public’s business? How much do New Mexicans know about the sources of money that fill the campaign accounts of the state’s elected officials? How many New Mexicans know – and might question – the wisdom of letting the state’s elected officials police themselves when it comes to conflicts of interest and potential ethical violations?

These are all questions we pose in this guide in hopes of adding to a conversation that increasingly is occurring across the United States about what democracy looks like in the 21st Century as technological innovation and economics disrupt many of our nation’s cherished institutions.

It is our sincere hope that this publication helps New Mexicans participate more effectively in the 2015 legislative session.

Thank you in advance for reading the guide and joining us in this important conversation. You can find New Mexico In Depth at nmindepth.com. For webcasting of legislative hearings and floor debates from the Roundhouse, go to nmlegis.gov. The link for webcasting is on the right side of the Legislature’s webpage.

Trip Jennings

NMID executive director

COMMENTARY

Hallway minutes and grocery lines don’t cut it............... 29 Free-market ideas for opening up the Legislature........ 30 Let the sunshine in during 2015 legislative session........ 31 Disclosure sheds light on money in politics....................... 32 Technology can build citizen-friendly process................ 34 Making state’s health care more transparent................ 35 Why do many lawmakers fear transparency?.............. 37

New Mexico In Depth 2015 Legislative Guide Jan. 18, 2015 Trip Jennings Executive director

Heath Haussamen

Special thanks to our volunteer columnists: Sarah Nolan Paul Gessing Susan Boe Viki Harrison Janice Arnold-Jones Fred Nathan

Deputy director

Marjorie Childress

Director of organizational development

Reporters

Gwyneth Doland Sandra Fish Matt Reichbach Sherry Robinson Peter St. Cyr

Photographer Mark Holm

Layout and design Jason Harper

Illustrations

Anson Stevens-Bollen

Sponsorship solicitations Peter St. Cyr

Sponsorship design Linda Lillow

New Mexico In Depth aims to invigorate New Mexico journalism through our reporting, through working with other journalists as collaborators or mentors, and through media partnerships that leverage collective resources, with the goal of telling in-depth stories of people who represent our diversity and challenging power in a way that informs and empowers people and communities.

Learn more at NMInDepth.com.

This guide is produced in conjunction with NMID’s media partners: Las Cruces SunNews, Santa Fe New Mexican, Farmington Daily Times, Alamogordo Daily News, Carlsbad Current-Argus, Ruidoso News, Deming Headlight and Silver City Sun-News.

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New Mexico In Depth • 2015 Legislative Guide

Opening the door to the insiders’ club

Illustration by Anson Stevens-Bollen – New Mexico In Depth

New Mexico In Depth • 2015 Legislative Guide

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Voters keep legislators from being paid for their work

By Heath Haussamen New Mexico In Depth The week of Thanksgiving, state Rep. Bill McCamley made a 12hour, 570-mile round trip from Las Cruces to Santa Fe to present his marijuana legalization plan to a legislative committee.

New Mexico’s lawmakers are the only in the nation who aren’t paid a salary. For his work, McCamley received expense reimbursements – $165 to cover food costs, which also would have had to pay for a hotel had he stayed overnight – and about $300, or 56 cents for each mile driven.

Neither do New Mexico’s lawmakers receive money to pay for staff, offices, postage and phones.

So McCamley paid an intern out of his political account to help prepare his presentation and travel with him.

That week, in addition to presenting his plan, McCamley met with a constituent, did media interviews, drafted a memo on economic policy and wrote thank-you notes to campaign donors. He worked only two days at the job that pays his bills. He sells solar power systems in Las Cruces.

Between his job and his legislative duties McCamley typically works 80-90 hours a week, he says.

“I’m pretty stressed out about it right now, but I want to do a good job as a legislator,” he said. “And I try to spend time with my girlfriend so she doesn’t leave me.”

McCamley’s experience illustrates the challenges to serving in the New Mexico Legislature.

Unlike McCamley, many New

Paying lawmakers could reduce special-interest influence and increase diversity in the Roundhouse wasn’t as possible as today’s transportation options and the Internet allow. There’s been a spike in the number of bills state lawmakers consider, the number of committee meetings they attend between sessions, and even the number of constituents they represent as the state’s population has grown. As a result, the time demand on legislators has increased dramatically.

The Legislature has made incremental reforms in recent years. It webcasts legislative meetings for people who can’t attend. It allows lawmakers to file bills before the session starts, increasing time for public debate and analysis of policy proposals.

But many believe it’s time for wholesale reform to create a lawmaking system that keeps up with the speed of the 21st Century.

In recent years, two bipartisan task forces have recommended paying lawmakers as an important reform to improve the system.

Proponents say it would increase diversity in the Legislature by making it possible for a greater number of New Mexicans to serve. It would also reduce the influence of special-interest money, many believe.

21st Century update Lawmakers are going to get paid The New Mexico Legislature somehow, the argument goes, so retains an informal culture that taxpayers should foot the bill inevolved out of a world more than stead of letting others, like lobby100 years ago when the workload ists.

In addition to increasing diverwas less and citizen participation Mexicans can’t take a month or two off from work to attend sessions held each year in Santa Fe and meetings around the state in between. Neither can they afford the costs of serving in a job that doesn’t pay and doesn’t reimburse many expenses.

Those realities create a Legislature that includes a number of lawyers in addition to retirees and people who are independently wealthy.

Many say the state’s Legislature doesn’t represent New Mexico’s socioeconomic diversity.

Critics of the current system cite another challenge to serving in the Legislature. Because New Mexico doesn’t pay for year-round professional legislative staff, lawmakers are especially vulnerable to the influence of special interests. Without professional staff, lawmakers often lean on lobbyists paid by outside interests to help decipher and, in some cases, even write legislation.

All of these factors converge to create an insiders club of sorts, an institution that is for the most part closed off from the public view, critics say.

sity and reducing special-interest influence, paying lawmakers might open the door for other reforms. A sometimes-recommended reform – lengthening sessions to help with the increased workload – might gain more traction if lawmakers were paid.

Another longstanding problem is that committee meetings during sessions rarely take place when they’re scheduled, which makes citizen participation difficult in a state that’s roughly the size of Connecticut, Maine, Massachusetts, New Hampshire, New York, Vermont and Rhode Island put together. A transition from an unpaid, “citizen” legislature to a body whose members are paid might increase expectations of professionalism and pressure to start committee meetings on time.

It might also build momentum for other committee-related reforms, including archiving webcasts for later viewing and allowing remote testimony by video.

In addition to paying lawmakers, some think taxpayers should cover the costs of them doing their jobs, like the work the intern did on McCamley’s marijuana legalization proposal, instead of letting donor-funded campaign accounts pay those bills. Increasing the size of the Legislature’s staff might give lawmakers greater access to analysis that would reduce the influence lobbyists exert on the legislative process. It would also allow lawmakers to rely on their own staff to research and write language for legislation that is sometimes currently provided by lobbyists.

Continued on 6 ➤

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New Mexico In Depth • 2015 Legislative Guide

Alan Webber, who made a career in the business world, noted the speed that society moves today. The conversation about reform must start with the premise that the world has changed, said Webber, who ran unsuccessfully for governor in 2014.

“The speed of change is faster.

The world of technology is faster,” he said. “Lots of things that seemed self-evident (when New Mexico became a state in 1912) are much more complicated. We really ought to equip ourselves with the legislative structure to deal with these problems, to get ahead of them.”

Voter skepticism But it’s unlikely legislators will be paid in New Mexico anytime soon.

Voters would have to approve a change to the state Constitution to allow it. They’ve voted against salaries four times in the state’s history – in 1941, 1949, 1978 and most recently in 1990, when 75 percent rejected the proposal.

That matches with the mood of voters across the United States.

Morgan Cullen, a policy analyst for the National Council of State Legislatures who focuses on pay, couldn’t think of one example, in a state where voters have to approve

“

The reimbursement account could be used to pay for staff, It’s possible that there are poor people out there phones, and constituent services.

Currently many, like McCamley, that have some great ideas and would make outuse campaign funds for such exstanding leaders and lawmakers. They just need an penses because the other option is incentive. paying out of their own pockets.

— J.T. Perez Las Cruces “If campaign funds are used for the costs of serving constituents, the potential for undue influence might exist,” the task force’s 2007 said J.T. Perez of Las Cruces. pay increases for lawmakers, where In every other state, lawmakers report sates. “Legislators might bethat has happened. Cullen said Americans generally don’t realize get a salary, though the amount dif- come dependent on funds given to “how much work it takes to get fers widely. It’s $100 per year in New them by third parties that promote Hampshire and more than $90,000 special interests.” elected and then also serve.”

The task force’s recommendation For example, in November, Ari- a year in California.

New Mexico lawmakers can par- went nowhere. zona voters soundly rejected a pay increase that would have been the ticipate in a generous pension sysfirst for that state’s lawmakers in 16 tem if they serve at least 10 years. Mixed opinion But that’s arguably a reward after years.

Some reject the idea that pay Brian Sanderoff, New Mexico’s they’ve left office, rather than com- would reduce special-interest inmost respected pollster, said voters pensation that helps more New fluence. Eric Griego, a private inhere would likely also reject paying Mexicans put aside other life duties vestigator in Albuquerque, pointed to serve. their lawmakers today. to members of Congress, in WashMcCamley thinks he and other ington, whose current salary is “I think New Mexicans and Americans just have a skeptical at- lawmakers should be paid. When $174,000 a year. titude about politicians these days he was a Doña Ana County com“Yet still they are beholden to missioner, he served on a bipartisan special interests and largely ignore in general,” Sanderoff said.

Not all New Mexicans oppose task force convened by then-Gov. those who they are supposed to replegislative salaries. Some NMID Bill Richardson that recommended resent,” Griego said. “… Why would spoke with were enthusiastic about paying lawmakers about $25,000 it be any different in New Mexico?” a year and giving each an expense the idea.

Bernie Digman, a Las Cruces cof“It’s possible that there are poor reimbursement account of $10,000 fee shop owner, agreed. He cited the people out there that have some per year. That would cost taxpayers U.S. Supreme Court’s 2010 Citizens great ideas and would make out- just over $3.9 million a year out of United decision that allowed standing leaders and lawmak- more than $6 billion New Mexico ers. They just need an incentive,” spends to pay for state government.

Continued on 8 ➤

Buzzsaw

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New Mexico In Depth • 2015 Legislative Guide

corporations and unions to spend unlimited amounts of money influencing elections.

“Paying legislators in today’s climate would in no way reduce the influence of dark money or outside money, so I’d have to say until we can truly get big money out of politics it makes no sense to pay them more,” Digman said.

Diane Snyder, a former state senator who has also worked as a lobbyist, supports giving legislators a stipend for expenses. She said she spent thousands of dollars of her own money each year while she was serving.

“Most just don’t have that kind of money,” Snyder said. “I don’t.”

Roy Lemons of Belen said he supports paying legislators.

“Why would anyone expect

“

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Continued from 6 ➤

Why would anyone expect someone to work for free?

I feel that if paid, just maybe these people would do more for the people of New Mexico.

someone to work for free? I feel that if paid, just maybe these people would do more for the people of New Mexico,” Lemons said.

A 2007 report issued by a bipartisan task force convened by lawmakers recommended creating a commission that would determine legislative pay rates.

“Common sense dictates that the men and women who make financial sacrifice and commitment to serve as New Mexico legislators be fairly compensated for their ser-

— Roy Lemons

Belen

vice,” the task force’s report states.

Getting what you pay for But voters “have the last word” on paying lawmakers, Sanderoff noted.

So how do those who support the idea turn public opinion?

Webber suggested a grassroots effort that starts with convening a citizen study group to explore reform and build buy-in. Eventually lawmakers would have to vote to put any proposal on the ballot. Or

they could convene a constitutional convention to explore more widespread changes to how the state Constitution structures the Legislature.

Webber supports paying lawmakers but doesn’t think it’s the only necessary reform.

“That’s not my idea of a system-wide look at what would make the Legislature a body that would help New Mexico guide a smarter path into the future,” he said. “It’s one idea.”

But it is one idea that could open the door to other reforms by expanding the Legislature’s capacity, diversity, professionalism and independence. Javier Benavidez, who runs the nonprofit Southwest Organizing Project in Albuquerque, said paying lawmakers would Continued on 10 ➤

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New Mexico In Depth • 2015 Legislative Guide

IN SESSION

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When the New Mexico Legislature is in session, so are we, with a dedicated team of top names in statehouse coverage reporting from inside the Roundhouse each day. Don’t miss a beat as we present the full picture — both in- and outside the hearing room — on the issues that matter to you most.

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New Mexico In Depth • 2015 Legislative Guide

ists. Many other states require such disclosure. “change the dynamic” by reduc“If you’ve got a great lobbyist, that ing special-interest influence in the matters a lot more than whether a Roundhouse, where currently lob- proposal benefits the New Mexico byists don’t even have to wear badg- public,” Benavidez said about the es identifying themselves as lobby- current system.

Continued from 8 ➤

For now, it seems, voters get what they’re willing to pay for. McCamley, for example, has to put in the necessary hours at the job that pays his bills.

That sometimes takes precedence over his constituents.

“There’s a good probability you’re going to spend more time on things you’re being paid for because that’s how you eat,” McCamley said. “If you’re paying people, there’s a good chance they’re going to spend more time on legislation.”

What New Mexicans are saying Here’s what some told NMID they think about paying lawmakers and giving them stipends for expenses

Jody Crowley Las Cruces

“We should reject the whole idea that government should be an amateur operation. That means having longer sessions, adequate support staff, and professional level pay. Won’t happen, but we can dream. … I am rejecting the idea that legislating should be a hobby like fishing or amateur theatricals. Legislating is serious business and should be considered a serious job, paid accordingly.”

Pam Wolfe Las Cruces

“I agree that administrative help during the off-campaign/session cycle seems to be something many legislators really need/want. These guys work like crazy. It would benefit the constituents if they had some administrative help. I think it would be a productive use of revenue.”

Kathy McCoy

former state legislator “I’m neutral on legislator salaries, but what I wanted more than anything else was some administrative help with the duties of the office... things like research, mailings, and constituent services. And a shared local office space to meet with people would have been great. Always meeting in coffee shops and bagel joints just seemed unprofessional. Perhaps a ‘salary’

resolves some of these issues, but it also might draw people who ‘are in it for the money.’”

Mitch Hibbard Piñon

“We will never be represented by a citizen legislature until it is a paid position. No normal average citizen can afford to take the sessions off, not to mention the numerous committee meetings between sessions. That is why we are represented by those with extraordinary incomes, wealthy retirees and, for some reason, several involved with public school administration.”

forward-thinking governor to push for it. Legislators are reluctant to have it be a campaign issue that can be used against them.”

Edwina Hewett Mountainair

“I do not support wages/salaries. … Elected seats are not full time jobs; well, at least they shouldn’t be.

Instead, all elected offices should be treated as the opportunity to be of service, be servants to their communities, states, and our nation.

If you make those seats salaried positions, you will never, never get them out – look at the lower government offices on the county Barbara Alvarez levels. The same people have rotated those seats long enough to go into Las Cruces retirement which has set up a scenario “Legislators definitely need to be paid. of the few governing the many.”

Whether they are in Santa Fe for 30 or 60 days, they are away from their Stephanie L. DuBois regular jobs and either using leave Tularosa or just not earning money. This limits “I think a salaried position might be the pool of possible legislators to an incentive for qualified people to run those who can *afford* to be away for the state Legislature who are not for a month or two to the wealthy or those who have generous leave plans independently wealthy. Right now it is extremely difficult for the average New at work. While regular pay may not Mexican to run for a legislative seat.” completely eliminate the tendency to ‘hold the hand out’ to benefactors, it Mark Boitano may reduce this somewhat.”

Antonio “Moe” Maestas current state legislator

“Paid, full-time, legislators is better for democracy. It would take… a

former state legislator

“The workload on a citizen legislator is enormous. I don’t think the position merits a salary because the upside of the time commitment for no

pay (is that) many legislators term limit themselves after a few terms.

One practical way to increase the productivity of non-salaried legislators and reduce the influence of special interests is to give them staff during the interim and limit the number of bill introductions per session. …

I like the idea of part-time interim staff for one and full-time for multiple legislators because it would give them tools to build capacity around issues their constituents are interested in. Much of the discussion at interim committee meetings is originated by special interests. I dislike the idea of an expense account. This would require more uncompensated time to report and raise questions of what type of expenses are allowable.

Legislators have funds for expenses in their campaign accounts for which they are fully accountable.”

Kevin Bixby Las Cruces

“Legislators make a good 1-2 or more month salary with their per diem. Trust me, I have friends who are legislators.

Their compensation above board (not counting what the well-heeled lobbyists give them under the table) is on par with a good nonprofit compensation. I personally do not know any legislators taking lobbying money on the side, by the way, because I would prefer to kill them than let them be my friends.”

New Mexico In Depth • 2015 Legislative Guide

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State Ethics Commission ‘postponed indefinitely’ New Mexico is one of eight states without an independent panel

By Peter St. Cyr New Mexico In Depth New Mexico’s founders wanted a diverse legislature made up of farmers, teachers, bankers and other hard-working people. Over the past 103 years, these “citizen legislators” have informed government policy, shaped budgets and created laws that govern our daily lives.

Year after year, the state’s unpaid representatives have headed to the Roundhouse prepared to serve the public. Some, however, have ended up serving themselves, friends and special interests.

The state’s constitution bars legislators from directly or indirectly earning benefits from legislation, but recusals from votes are rare and enforcement of state ethics laws is even rarer.

New Mexico regularly flunks ethics scorecards. And no one seems surprised when New Mexico’s risk for political corruption is ranked one of the highest in the nation.

Lawmakers have passed laws to strengthen the Gift Act, boosted conflict of interest provisions in the Governmental Conduct Act, capped campaign contributions, and updated campaign finance reporting rules. But they’ve never agreed to set up an independent state ethics commission similar to those 42 other states rely on to investigate and train elected leaders.

Mark Holm – New Mexico In Depth

Freshmen representatives look through paperwork during a day of training at the Roundhouse in late 2014. New Mexico is one of a handful of states without a state ethics commission. In many states, such a commission helps prepare lawmakers for the sometimes-difficult situations they will encounter as public officials.

For years, groups like Common Cause, League of Women Voters, New Mexico Foundation for Open Government, Albuquerque Chamber of Commerce and even a task force Co-Chaired by former Gov. Garrey Carruthers and then-University of New Mexico Law School Dean Suellyn Scarnecchia have tried to advance a state ethics commission. They contend an independently funded panel given the power to subpoena testimony and documents would increase accountability for lawmak-

ers and provide ethics training for officials, state employees and even lobbyists.

Lawmakers have considered but sent no bill to set up an ethics commission to the governor’s office. Last year, lawmakers denied voters a say on the issue when they killed a proposal to put a constitutional amendment on the ballot.

Despite proponents’ rigorous advocacy for an independent ethics panel, it doesn’t appear anything will change this year. Gov. Susana Martinez opposes the creation of a

state ethics commission.

In her 2012 State of the State address, Martinez made a point to remind legislators and agency staffers that, “Public service should be about serving the public — not setting up a future payday.” But Martinez isn’t convinced politicians can effectively watch over themselves.

A former prosecutor, Martinez says she prefers that allegations of corruption be investigated by law enforcement agencies.

Continued on 12 ➤

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Continued from 11 ➤ Newly elected House Speaker Don Tripp, R-Socorro, is also skeptical of a state ethics commission. Like Martinez, he wants the Department of Public Safety to set up a political corruption unit.

“Corruption is a crime and it should be treated like one,” writes House GOP Caucus Communications Director Chris Sanchez on behalf of Tripp. “An ethics commission sounds good in theory and is worthy of debate and consideration, but any commission would have to be created in a way that ensures it doesn’t become a political weapon for partisans to punish their opponents.”

That argument doesn’t sit well with Common Cause New Mexico Executive Director Viki Harrison.

She points to safeguards set up by

other states with established ethics commissions that impose consequences for citizens who abuse the system by filing frivolous or frequent complaints in “bad faith.”

Even with safeguards, recently retired state Rep. Tom Taylor suggests an ethics commission could be used to “drag people through the dirt.” And like Taylor, Senate Majority Leader Michael Sanchez, the highest ranking Democrat in the Legislature, isn’t convinced that a state ethics commission is needed.

Legislators, Sanchez said, simply need to “hold themselves to a high standard” and follow ethics rules already in place in both chambers.

But, over time those standards seem to have been attenuated

by New Mexico legislators who’ve said they still need to earn a living.

After retiring from the Senate in

2013, Dede Feldman chronicled the ethical choices she and other lawmakers have confronted in Santa Fe. In her award-winning book Inside the New Mexico Senate: Boots, Suits, and Citizens, Feldman suggests resistance to an independent ethics commission “contributes to the impression that senators hold themselves above the law.”

“An independent ethics commission could educate public officials on the legalities, enforce existing laws, and hold them accountable,” she wrote.

Still, the levers of power and politics make it difficult for legislators to point fingers at their colleagues.

In 1992, Democratic Rep. Ron Olguin faced expulsion from the House after he was accused of soliciting a $15,000 bribe for his

help in getting the Legislature to fund a crime counseling program. When Olguin initially refused to resign his seat, lawmakers secretly met behind closed doors to review evidence before they opted to publicly censure the Albuquerque politician for “improper conduct.” A jury voted to convict Olguin on two felony criminal charges after they heard the same evidence.

Six years later, then-Sen. Manny Aragon, a Democrat, created a controversy when he and former Sen. Les Houston were hired by Wackenhut Corrections (now GEO Group) to lobby for them in other states at the same time Aragon participated in legislative hearings on building his employers’ private prisons in New Mexico.

Continued on 13 ➤

We’re on a mission!

Go to NewMexicoPledge.org and sign the pledge to:  Improve disclosure in elections  improve disclosure in lobbying activities  Establish a state ethics commission  Propose policy models to improve public campaign financing

505.323.6399 | nm.commoncause.org

Common Cause New Mexico is dedicated to restoring the core values of American democracy, reinventing an open, honest and accountable government that serves the public interest, and empowering ordinary people to make their voices heard in the political process.

New Mexico In Depth • 2015 Legislative Guide Continued from 12 ➤ It’s impossible for the public to know if an ethics complaint was filed against Aragon in that case, because the Legislature’s Interim Ethics Committee doesn’t disclose an investigation until probable cause has been determined. But the committee took no public action against Aragon. In fact, it hasn’t taken action against any lawmakers caught in scandals since Olguin.

Since 1994, the Interim Ethics Committee has spent most of its time writing 11 advisory opinions on benign subjects like the proper use of government emails and stationery.

Even if an independent state ethics commission is eventually set up in New Mexico, don’t count on it being a silver bullet. Skeptics point

to Georgia, where 216 cases have been open for an average of three years. Thirty have been going on for seven years.

For Taylor, an ethics commission would face a daunting task developing uniform standards of conduct since ethical boundary lines in New Mexico have been predicated on individual beliefs and diverse cultural values.

“I don’t know how you put together a group of people to make someone honest if they’re not already honest,” Taylor said.

With the issue of a state ethics commission mired in legislative wrangling, New Mexicans, it appears, will have to rely on lawmakers swearing an oath of office, spending a few hours in biennial ethics training classes, and then policing themselves.

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New Mexico In Depth • 2015 Legislative Guide

State lags in disclosing campaign finance information

By Sherry Robinson New Mexico In Depth The rising tide of election spending has lifted some boats and swamped others, drowning disclosure in the process.

With billions flowing through the nation’s political system, thanks to court rulings and flaccid legislation, many good-government groups, bolstered by public opinion polls, are eyeballing the role of money in politics.

Federal agencies and a number of states have increased transparency with new reporting requirements to try to stanch spending. But New Mexico remains on the movement’s sidelines despite persistent attempts by some lawmakers.

In December, the National Institute on Money in State Politics gave New Mexico an F – one of four states to earn zeroes across all categories – for not requiring independent groups to report spending to influence elections. Armed with this fire hose, advocacy groups that don’t coordinate with a candidate, campaign or political party can flood the system with so-called “dark” money.

New Mexico’s F follows a drubbing in 2012, when the state received a D- for its lax campaign finance laws from the State Integrity Investigation, a collaboration of the Center for Public Integrity, Global Integrity, and Public Radio International.

Two years ago, New Mexico had lots of company at the bottom.

More recently other states and even communities have found the politi-

Mark Holm – New Mexico In Depth

New Mexico was one of four states to earn an F in December for not requiring independent groups to report spending to influence elections. New Mexico’s state lawmakers are not expected to pass legislation to better its scores on campaign finance regulations during this 60-day legislative session.

cal will to change campaign finance laws. New Mexico’s neighbors – Arizona, Utah, Colorado and Texas – all earned an A in December’s report, primarily for mandated reporting of electioneering communications.

Political scandals, a major motivator in other states, haven’t fueled reform here. Even after two former state treasurers and a former Senate president went to prison, cleanup bills had a low survival rate or lacked teeth.

“Campaign finance reform in New Mexico is a never-ending struggle,” said former Sen. Dede Feldman, D-Albuquerque.

Feldman was one of a handful of

legislators who tried year after year to gain disclosure from state contractors and independent groups, set spending limits, establish public funding programs, and require cooling periods before retiring legislators can become lobbyists.

She and other reformers ran into opposition from political parties, elected officials and court decisions.

Objections are typically rooted in familiarity, denial and self-preservation, as well as an ideological aversion to new regulation.

“The system that brought legislators to power looks pretty good once they’re in office,” Feldman said.

Many party leaders have denied

there’s a problem and seemed insulted by any suggestion that they could be compromised. “You can’t legislate ethics,” both the Senate majority and minority leaders have said.

And yet opinion polls show the public’s increasing concern with corruption, the influence of money in elections, and transparency. Early this year, a Common Cause New Mexico poll found that 87 percent of voters want large political contributions from individuals, corporations, political action committees, nonprofits or unions to be made public.

Continued on 15 ➤

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New Mexico In Depth • 2015 Legislative Guide

Sen. Peter Wirth, D-Santa Fe, is among those who have pushed to modernize New Mexico’s campaign finance law. His bill has died on adjournment four years in a row. Still, Common Cause’s Viki Harrison is optimistic. Wirth’s bill had support but ran out of time each year, she said.

“We’re reaching out to all the legislators and trying to get them on board,” Harrison said. In the 2015 session, she said Rep. Jimmy Hall, R-Albuquerque, will carry the bill.

Caging the beast States have three basic channels for regulating campaign finance: disclosure, contribution limits and public financing, according to the National Conference of State Legislatures.

All states require candidates, committees and political parties to disclose the amount and source of contributions. And most limit contributions.

When New Mexico passed its Campaign Reporting Act in 2009, it was one of just five states that had not limited contributions. The new law followed “more than a decade of intense struggle with legislative leaders in both parties who were reluctant to change the rules of a game they had won,” writes Feldman in her book Inside the New Mexico Senate: Boots, Suits and Citizens.

The act currently limits donations to a political party or committee to $5,400 for each primary and each general election for statewide office, and to $2,500 for a non-statewide office such as a legislative seat or a district judgeship.

It also requires individuals and organizations to report donations;

“

campaign reports, but the sampling and thoroughness are insufficient, Many of the donations are not cash. This is a very the report said. The SOS may invessleazy part of New Mexico politics. Partisanship is tigate violations, and the attorney general or district attorneys may a lifestyle for many people. enforce the act. But they’re all elect— State Integrity Investigation report ed officials with party affiliations.

The state has been more successful with implementing public financing. New Mexico provides corporations and political action contributors. But 31 states do re- public funds for use in election committees must report their do- quire such information, up from 25 campaigns of the Public Regulation nations to political parties. But in 2013. And the Federal Elections Commission and certain state judiwhile federal rules require individ- Commission requires reporting on cial offices. uals to list their employers, New these independent expenditures in Recently, former state Republican Mexico has no such rule. A contrib- races for the U.S. House, U.S. Sen- Party Chairman Harvey Yates credutor to a state or local race must list ate, and president. ited the 2009 law with the success of only his or her occupation, which The State Integrity report in 2012 his party’s candidates. In his view, shields employers and their rela- also blasted New Mexico’s monitor- the law helps incumbents, canditionships from view. Also, the law ing and enforcement of campaign dates with name recognition, and permits an anonymous donation of finance laws, which it called lax to wealthy contenders. less than $100 or, for a fundraising nonexistent.

That may be why Senate Major event, multiple cash donations up The secretary of state must ranto $1,000.

Continued on 16 ➤ domly audit at least 10 percent of Lobbyists are forbidden to donate or solicit a donation between Jan. 1 and the end of the legislative session. They can provide meals, tickets, drinks and gifts during the session. They’re supposed to report expenditures larger than $500 within 48 hours.

“Many of the donations are not cash,” the State Integrity Investigation report said. “This is a very sleazy part of New Mexico politics.

Partisanship is a lifestyle for many people.”

New Mexico’s lax disclosure laws EDUCATION • ADVOCACY • ENFORCEMENT mean we can’t learn the amount of FOG is a member-supported, nonprofit, nonpartisan organization independent spending in state electhat is the state’s leading advocate for transparency. tions, the identities of targeted candidates, and whether the spending JOIN FOG TODAY supported or opposed the candiwww.nmfog.org or 888.843.9121 dates.

In other words, if a group wants to pay for an ad that blasts a candidate without urging a vote for or against, the state requires no disclosure, nor does it ask about the

“

Continued from 14 ➤

Celebrating 25 Years Defending Your Right to Know

16

New Mexico In Depth • 2015 Legislative Guide

Continued from 15 ➤ ity Leader Michael Sanchez is still leery of campaign reform bills.

“We haven’t been able to come up with a bill that doesn’t have loopholes,” Sanchez said in an interview.

“The last time we did this, I warned them, we’re opening the door to problems.”

Court hurdles Doc Weiler, the late and muchliked lobbyist for the Association of Commerce and Industry, said in 1981, “The public has a right to know who is supporting what candidates, and we have no problem with that.”

In recent years, groups on the left and right have had a problem with that. Court challenges have rendered New Mexico laws “fluid and uncertain,” according to Common Cause.

During the 2008 primary, three progressive groups used mailers to defeat Democratic legislators. Former Attorney General Gary King wanted them to disclose their contributors, but the groups argued that they were exempt from disclosure as educational organizations.

The court agreed. As a result, the state can’t make an organization register as a political committee if its primary goal isn’t the election or

defeat of a candidate, even if it does some work that could be considered political.

In 2010, Citizens United convinced the U.S. Supreme Court that political spending by corporations and unions is protected speech under the First Amendment. The decision spawned a host of organizations that can accept donations in any amount without revealing donors, as long as they abide by a few rules.

In 2012 the Republican Party of New Mexico successfully challenged state spending limits on political committees that don’t coordinate with candidates.

Bottom line: It’s all but impossible to track such spending by outside groups in New Mexico’s state and local races.

Cleaning up campaign finance won’t be easy, Feldman said.

“But for those who think that the way we finance and run campaigns is the reason we can’t solve political and economic problems at any level – it’s worth the fight,” Feldman wrote in her book. “And for those who yearn for old-fashioned matanzas and retail politics instead of endless e-blasts, hate mail, and negative commercials that even the candidates can’t control — it’s our only hope.”

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Other states lead the way in campaign finance disclosure

By Sherry Robinson New Mexico In Depth The State Integrity Investigation in 2012 awarded just one A in campaign finance, to Connecticut.

“Connecticut has the best campaign finance laws in the country,” The Hartford Courant proclaimed in June.

In 2004 Connecticut’s governor pleaded guilty to federal corruption charges. Pay-to-play deals had earned it the nickname “Corrupticut.” A year later, the Legislature created a public campaign finance program and banned contributions from special interest groups. This year, Connecticut withstood an advertising war bought by super PACs, but 84 percent of winners used the public finance program.

Maine in 1996 pioneered the “Clean Elections” program, which allows candidates to finance their campaigns almost entirely with public funds. Maine, Arizona and Connecticut have seen more young people, women and minorities become candidates.

Elections are more competitive.

The number of uncontested races dropped, while voter turnout increased.

But in 2011 the Supreme Court rejected Arizona’s matching provision, which prompted some candidates to abandon the system. It’s unclear how the decision

will affect future races.

Massachusetts last summer passed the Disclose Act, which requires PACs that run television, print or online ads to list the top five contributors in the ad. It also increased the number of reports required. Common Cause Connecticut described it as “one of the strongest disclosure laws in the country.”

Arkansas has a new constitutional amendment that prohibits elected officials from accepting gifts from lobbyists, prohibits corporate and labor contributions to candidates, and requires a two-year time out before legislators can become lobbyists.

In Colorado, residents can learn through a new system what issues or bills lobbyists plan to push during the legislative session.

Communities across the nation stepped up.

Two-thirds of Tallahassee, Fla., voters, from liberal to conservative, backed a referendum to limit donors to $250 per city candidate, create an ethics board, and require retiring politicians to wait two years before becoming lobbyists.

And dozens of communities in Wisconsin, Massachusetts, Florida and Illinois passed mostly non-binding resolutions favoring constitutional amendments that would allow elected officials to set campaign fundraising and spending limits and to temper the impact of Citizens United.

17

New Mexico In Depth • 2015 Legislative Guide

a lot

New Mexico can learn about job creation from our neighbors.

Is New Mexico’s “Job Creation� problem related to impediments on economic freedom within the state? Economic freedom is the fundamental right of every human to control his or her own labor and property. In an economically free society, individuals are free to work, produce, consume, and invest with limited governmental interference.

Policies like “right to work,� low or no taxes on work and investment, and Constitutional limits on spending preserve economic freedom and have contributed significantly to making our neighbors prosperous.

CHANGE IN TOTAL NONFARM PAYROLLS SINCE THE US RECOVERY STARTED

 �

 ��

Â?

Â

NEW MEXICO STATE TAX AND REGULATION COMPARISON Right to Work Protections Top Personal Income Tax Rate Corporate Income Tax Rate* Government Percent of Employment Constitutional Tax/Spending Restraint Tax Services/Business Inputs at High Rates (Gross Receipts Tax)

­ € ‚ ƒ­ ­ „ Â… † Â

€ Source: Bureau of Labor Statistics

New Mexico

Texas

Utah

Oklahoma

Arizona

Colorado

No 4.90% 7.30% 31.90% No Yes

Yes 0 0 19% Yes No

Yes 5% 5% 20.30% Yes No

Yes 5.25% 6% 23.40% Yes No

Yes 4.54% 6.50% 21.50% Yes No

No 4.63% 4.63% 20.80% Yes No

*New Mexico and Arizona are currently phasing in corporate tax rate reductions

18

New Mexico In Depth • 2015 Legislative Guide

Democracy on Demand Webcasting has brought increased access to the Legislature, but without archiving the view is limited

By Gwyneth Doland New Mexico In Depth When Hanna Skandera presented the Education Department’s budget to a legislative committee in early December, Katie Stone missed it.

Stone, the mother of a child with disabilities, was hoping to find out how much money the budget would put toward special education.

But something — the kids, her software business, the animals on her small farm or the fact that epilepsy has left her unable to drive — kept her away from the Roundhouse and away from her desk, where she might have watched a live webcast of the Legislative Finance Committee’s meeting.

“I was really praying that one of the members of the committee would focus on asking about [special ed funding] because the details are totally hidden in one line of the budget,” Stone said. “Because I wasn’t able to watch I don’t know if anybody asked and, no offense to the press, but it doesn’t seem like the issue got the remotest bit of attention from reporters.”

As of 2014, at least 39 states allowed recordings of their floor sessions to be watched on demand. Although the New Mexico Legislature began webcasting floor and committee meetings in 2009, members have resisted repeated calls to save the footage, archiving it online for people to go back and watch later.

New push for archiving Rep. Jeff Steinborn said he plans to reintroduce a proposal to archive proceedings from the House floor and committees in this year’s session. Steinborn’s 2014 resolution passed unanimously through two committees but never made it to the floor for a full vote.

The House and Senate each make their own rules on webcasting, so it would be up to senators to start archiving their meetings. They’ve resisted calls for archiving in the past, and the 2014 election didn’t change the dynamics in that chamber.

Keeping video records of the Legislature’s proceedings is a move supported by open government groups, a bipartisan swath of lawmakers and issue advocacy groups across the political spectrum. But it’s also been rejected by a bipartisan group of lawmakers in the past.

“Remember, the majority of New Mexicans have day jobs and are unable to watch the work of their lawmakers,” said Susan Boe, the executive director of the New Mexico Foundation for Open Government.

“Archiving and posting the webcasts means that everyone in the state — from Gallup to Hobbs — can participate in our democracy.”

Paul Gessing, president of the Rio Grande Foundation, a free-market policy institute, agreed.

“It’s very difficult to figure out what happened in the committees Continued on 20 ➤

Heath Haussamen – New Mexico In Depth

The New Mexico Senate installed webcams like this one in 2010 to webcast floor sessions.

New Mexico In Depth • 2015 Legislative Guide

19

20

New Mexico In Depth • 2015 Legislative Guide

if you’re not there, “ Gessing said.

“I respect the idea that archiving could drive the discussions out into the hallways, and frankly that’s the way a lot of politics gets done anyway, but a significant majority of other business does get discussed in committees. And that’s important.”

Cost of archiving has dropped Some lawmakers’ early objections to archiving focused on the cost and technological challenges of archiving. Those concerns are waning with advances in technology.

In 2011, Rep. Jim Smith, R-Sandia Park, introduced a bill that would have required webcasting and archiving of most public meetings of state and local bodies in New Mexico. The proposal had a lot of

“

being used for political purposes, for example in campaign ads. But Nowadays with relatively inexpensive large hard it’s unlikely the Legislature could drives it’s not as expensive as it would have been stop anyone from capturing footage from the live webcasts and posting then. ­— Rep. Jim Smith, R-Sandia Park, it, for example, on YouTube. on the cost of webcasting and archiving Rep. Steinborn said he has heard public meetings in New Mexico concerns from colleagues who remain worried that recording will make it easier for opponents to Until that happens he’d be hap- comb through the footage for amsupport in the Legislature, Smith said, but was doomed by the high py to see the Legislature lead the munition against them. “There price tag of the equipment and staff way by archiving its own meetings. have been objections about taking that would have been required. Al- “I would love to see that happen our quotes out of context and using though initial investment in equip- and a lot of people would. It real- people’s words against them in a ment and services would have cost ly wouldn’t be very hard to record political sense,” Steinborn said. an estimated $4 million to $8 mil- them,” he said.

That’s not an issue in the U.S. lion, continuing costs would have Congress, where C-SPAN video of been lower. debates in the House and Senate Lawmakers and political use “Nowadays with relatively inexare in the public domain and can be Politics are also in play. The rules used for any purpose. pensive large hard drives it’s not as expensive as it would have been governing the existing webcasts prohibit the official footage from then,” Smith said.

Continued on 21 ➤

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Continued from 18 ➤

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New Mexico In Depth • 2015 Legislative Guide Continued from 20 ➤ Although he said he shares a concern that the video could be used to obscure or distort the truth about lawmakers or issues, public access should be paramount, said Rep. Smith. “I don’t think it’s fair at all to say the public can’t use the webcast for whatever reason.”

Recording committee votes Supporters say another advantage of saving footage of committee meetings would be to have a record of how members voted during committee meetings. Most states archive some or all of their legislative committee meetings (33 plus Washington, D.C. and Puerto Rico).

“It’s amazing to me that a lot of the committee votes (in New Mexi-

co) aren’t recorded,” said Sen. Sander Rue, R-Albuquerque. “That’s important for people, concerned citizens, to be able to go back and do their research.”

According to the Senate’s rules, voice votes aren’t recorded in the meeting’s minutes the way roll call votes are. Recording votes takes more time and often voice votes can make a committee’s work move more quickly. But many of the votes that effectively kill bills (called “tabling”) are the ones not written, making it difficult or impossible to find out why some bills never make it out of committees.

“We say these things are open, but some things aren’t,” Sen. Rue said.

“It’s like being a little bit pregnant.

You’re either transparent or you’re not. You can’t parse it out.”

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New Mexico In Depth • 2015 Legislative Guide

Short-term capital outlay projects scrutinized

By Sandra Fish

New Mexico In Depth New blinds for an Albuquerque library. Renovations to the dam that supplies water to Las Vegas. Vehicles for a Farmington senior center.

A movie backlot in Las Cruces.

Those are just a few of the more than 1,100 projects that made the cut when New Mexico lawmakers pared a $4 billion wishlist to more than $398 million in capital outlay spending in 2014.

But some question whether the state is making the best use of money when lawmakers divvy up money for small local projects instead of focusing on long-term building goals.

“We’re diluting our efforts when it comes to the long-term priorities,” said Sen. Pete Campos, a Las Vegas Democrat who has repeatedly – and unsuccessfully – tried to reform the process.

New Mexico appears to be the only state that allows lawmakers to divide a set amount of money in a method often known as “pork-barrel politics,” said several experts Continued on 23 ➤

Sandra Fish – New Mexico In Depth

Mora County’s new two-story courthouse sits unfinished behind a chain-link fence. Since the 2007 decision to build a new, $7.25 million courthouse, the project cost has ballooned.

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New Mexico In Depth • 2015 Legislative Guide

New Mexico In Depth talked with.

Defenders say the process ensures the needs of small cities and counties aren’t overlooked in the capital budgeting process and results in more equitable distribution of bond money across New Mexico’s population.

But opponents criticize the process for failing to fully fund projects, some of which are left unfinished for years. Critics say some projects end up in the budget that aren’t part of local governments’ long-range plans.

“It ends up costing more in the long run,” said Tom Clifford, cabinet secretary for the Department of Finance and Administration (DFA).

“And it undercuts confidence in the program.”

“

It ends up costing more in the long run. And it undercuts confidence in the program.

–Tom Clifford, cabinet secretary for the Department of Finance and Administration, on the current capital outlay project system

Campos will be back with a reform bill when the Legislature meets Jan. 20 for its 60-day session.

With Republicans – presumably allies of Martinez – in control of the House, his chances might be better, though it’s difficult to say.

“We don’t anticipate any changes to the capital outlay process, but we certainly welcome the discussion,” House Speaker-elect Don Tripp of Socorro said in a statement.

“

Continued from 22 ➤

Setting standards New Mexico’s processes for capital projects meet many of the standards set forth in a report earlier this year from the National Association of State Budget Officers: • Defining capital expenditures: New Mexico defines a capital project as one that costs $5,000 and will have a life cycle of at least 10 years, which is the typical term of bonds issued to pay for such projects.

• Established planning processes: New Mexico state agencies are required to submit and update longterm plans for capital needs. The process is optional for cities and counties, but many participate.

• A system to prioritize projects: The Department of Finance and Administration and legislative staff prioritize projects based on health and safety concerns, urgent need and other factors.

• Clear policies on debt financing: New Mexico is one of 19 states that require voter approval for general obligation bond issues to fund projects.

Yet while the state’s process meets nationally accepted standards on paper, the way state lawmakers divvy up money for projects is unusual.

Continued on 24 ➤

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New Mexico In Depth • 2015 Legislative Guide

Each year many priority projects identified by the executive and legislative branch are funded.

But a significant amount of capital outlay cash – $100 million in 2014 – is divided among individual lawmakers. So last spring, each House member received a bit more than $714,000 and each senator received $1.25 million to allocate to projects they wanted in a process that many consider highly political.

“Communities come to a legislator. One wants a senior center project, another wants roads,” Campos said, adding, “We all want to help at all levels.”

Tim Keller, a former Albuquerque Democratic senator who is now state auditor, sees both sides of the capital outlay conundrum.

“It’s an antiquated procedure held

“

How others do it

Communities come to a legislator. One wants a senior center project, another wants roads. We all want to help at all levels.

–Sen. Pete Campos, D-Las Vegas, on the distribution of funds divided among individual lawmakers

over from a time when there was very little central administration,” he said.

On the other hand, Keller said, “It is equitable. It is the most equitable distribution of pork in the entire country. It is a bill. It’s as transparent or as opaque as any other bill.

We vote on it.”

Such divvying up of cash by individual lawmakers isn’t standard procedure, said Michael Pagano, dean of the College of Urban Planning and Public Affairs at the University of Illinois at Chicago,

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Continued from 23 ➤

who has studied state capital spending processes.

“It certainly wouldn’t be in the textbooks about how to do capital improvement planning,” Pagano said. “In fact, it would be the illustration about how not to do capital improvement planning.”

That’s because New Mexico’s state lawmakers sometimes choose projects that aren’t part of a prioritized list and that don’t meet guidelines for minimum cost and lifespan.

For instance, 453 projects totaling more than $43.6 million were included in the 2014 capital outlay bills but weren’t in any long-range plans filed with the state, according to DFA records. Another 35 projects in the 2014 list fall below the $5,000 threshold for capital projects.

Clifford said that’s a problem for Republican Gov. Susana Martinez, who vetoed $30 million in capital projects from 2012 to 2014, often citing concerns about projects that appeared to be pork rather than essentials.

“She’s very uncomfortable signing off on projects that haven’t been through some kind of vetting process,” Clifford said.

And often, projects aren’t ready to build, so the money isn’t spent immediately.

“We probably have $450 million sitting there that can’t be used,” Campos said.

Pagano pointed to Utah as one state with a textbook system for funding capital projects.

There, a board appointed by the governor holds hearings and prioritizes projects, sending a list to the governor. The governor’s office uses that list to create its own priorities and both lists are sent to the legislature.

“They debate it out from there,” said Marilee Richins, a spokeswoman for Utah’s Department of Administrative Services, which oversees the process.

And Campos likes Oklahoma’s process. That state has a planning commission with citizens appointed by the governor, the state House and the state Senate that prioritizes capital projects. The commission submits the list to the legislature, which has 45 days to remove projects from the list. But none can be added.

“The legislature still has some oversight over what happens, but they are not directly choosing the projects,” said John Estus, spokesman for the Oklahoma Office of Management and Enterprise Services.

Estus said that state’s system is “the complete opposite of New Mexico’s.”

“The system we have is designed to keep politics out of it as much as possible.”

Efforts at reform For years, Campos has tried to get politics out of New Mexico’s system.

He writes frequent op-eds advocating reform. He even wrote his 2004 University of New Mexico dissertation on the state’s capital outlay process.

Continued on 25 ➤

25

New Mexico In Depth • 2015 Legislative Guide Continued from 24 ➤ Campos’ proposals sometimes pass one house or another. And while other lawmakers rarely speak out against the reforms, they have yet to see the governor’s desk.

“It’s a very touchy subject,” he said. “They won’t speak against it.

They quietly, sometimes collectively, work to make sure it’s not heard or that it’s killed in the other house.”

NM In

Depth .com

Search a list of 2014 capital outlay projects by going to NMInDepth.com.

Sen. Carlos Cisneros, D-Questa, also has sponsored capital outlay reform bills that met similar failure.

Martinez supports such reform efforts, Clifford said.

“We were generally supportive of both bills, Sen. Campos’ and Sen.

Cisneros’ bills, from the last couple of sessions,” he said.

But almost two years ago, Martinez took matters into her own hands. She issued an executive order requiring local governments to have up-to-date general audits

before capital outlay money is released and giving the DFA greater regulatory authority over distributing capital outlay money.

At the time, 61 local governments didn’t meet the audit requirement.

Today, only 16 haven’t completed audits, Clifford said.

“The system truly needs reform, and we’re making it administratively,” Campos said.

Examples of faulty spending process dot the state

By Sandra Fish New Mexico In Depth MORA — The Mora County Courthouse may be the ultimate monument to problems with New Mexico’s often-piecemeal approach to capital projects.

The shell of an elegant two-story building sits empty, surrounded by chain-link fence, while county offices operate from a cluster of temporary trailers nearby.

Voters in the county of about 4,700 people approved a $2.65 million bond issue to remodel the existing courthouse in 2004.

But asbestos and other problems halted the remodel in 2005, leading to a 2007 decision to tear down the old courthouse and construct a new, $7.25 million building with the local bond proceeds and state money.

The state appropriated $1 million in capital outlay to the project in 2006, another $1 million in 2007 and $200,000 in 2008.

But by 2009, the cost had ballooned to $12.1 million, leaving the building an empty shell. In 2010,

$500,000 in federal stimulus money was used to put doors and windows on the building.

Gov. Susana Martinez vetoed $1.5 million for the courthouse in 2012, as part of a larger $23 million in vetoed capital projects. While not mentioning the courthouse specifically, Martinez issued a blistering veto message chastising lawmakers for divvying up money for projects that often weren’t requested or were funded at only a fraction of the cost.

A state audit later that year criticized the awarding of a contract to the architectural firm that also drew up the request for proposal for that contract, a conflict of interest under New Mexico law. Ultimately, 21 percent of the money spent on the courthouse went to that architectural firm.

That conflict of interest was among the dozen findings Mora County agreed to resolve after the audit.

The following year, the state awarded $1,845,000 in capital outlay cash, followed by $245,000 in 2014.

But the shell still isn’t finished.

“We will probably need an additional $7 million this session,” said Sen. Pete Campos, D-Las Vegas, who represents the area. “It may be more when all is said and done.”

About 60 miles southwest of Mora is the Bradner Dam, also in Campos’ district. The reservoir is one of two primary water storage areas for the historic city of Las Vegas, one of many in New Mexico severely affected by drought.

That dam is in a state of disrepair, leaking water, and needs to be expanded, city officials said. So Martinez included it in her push for water projects as a capital outlay priority in 2014. The project received $10 million in state money. The city plans to issue $12 million in its own bonds, but will still need another $6 million to complete the work. It’s likely lawmakers will be asked for that money in future sessions.

While the dam project is one many cite as an example of how capital outlay money can help communities, there are others that weren’t on any long-range list of capital desires.

One example: The $550,000 included in the 2014 bill for “cinematic infrastructure” in Las Cruces.

Eleven Las Cruces area legislators included the project in their individual capital outlay requests.

But the project wasn’t requested by the city, wasn’t in the state’s longterm project plan, and “it’s still in the conceptual stage,” said Gary Camarano, economic development coordinator for Las Cruces.

The idea is to build a sound stage on city property, along with facades and sets that could be used in a variety of nearby locales. An August Board of Finance document lists “anti-donation issues” with the project. State law prohibits capital outlay money being used for projects that primarily benefit private interests.

But Camarano said lawmakers might be asked to revise language on the project next session.

“Las Cruces offers a different environment than Santa Fe or Albuquerque,” Camarano said. “We’re looking to participate in what people are calling the ‘Hollywood in the desert.’ ”

26

New Mexico In Depth • 2015 Legislative Guide

How legislation passes — or doesn’t pass — the Legislature

By Matt Reichbach New Mexico In Depth Each year dozens of bills pass the Legislature to become law.

The process itself can seem simple. The legislation merely has to pass the House and Senate with a majority of votes and then be signed into law by the governor.

Simple?

Well, there is more to it – and there are a lot of hurdles to clear.

Some bad news on legislation can come when it is first introduced and is assigned to committees that will consider it before it gets a floor vote.

If the bill gets three committee assignments in the House or Senate, it is generally considered bad news.

It is difficult enough to get legislation through two committees in either chamber before a session ends; a third committee assignment can doom legislation.

Which committees the bill is assigned to also matters. Some have reputations for sitting on legislation that the chair doesn’t like; the committee chair may just have a bad personal relationship with the bill’s sponsor.

If the legislation does pass through committees, then it has to navigate the House and Senate floor and the potential challenges it can face there. Again, amendments that are added during debate on the House or Senate floor can neuter legislation. Or the House or Senate can reject it.

Once a bill passes a chamber, it starts the process all over again for the second chamber — but with

Mark Holm – New Mexico In Depth

Two new House members, Rodney Montoya, left, R-Farmington; and Rick Little, R-Chaparral, prepare for this year’s 60-day legislative session during a day of training for lawmakers in late 2014.

more potential pitfalls.

Legislation that is otherwise innocuous could get caught up in a larger fight between the two chambers. If the Senate feels the House is not hearing enough legislation that passed the Senate, the Senate could refuse to hear House bills until that changes, and vice versa.

This year, there is an added tension between the two chambers, as

Republicans will control the House and the Democrats control the Senate. The dynamic between the two chambers isn’t clear yet.

A late amendment can also doom legislation. Legislation must pass both the Senate and House with identical language from each chamber to be sent to the governor. So a late change, for example, by the House of a Senate bill may leave the

legislation without enough time to get concurrence – the process by which the House and Senate designate lawmakers from each chamber to try to come up with compromise language so the bill can pass the Legislature.

Time is important. A filibuster – where a lawmaker gives an extend Continued on 28 ➤

New Mexico In Depth • 2015 Legislative Guide

27

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”  First Amendment to the US Constitution

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New Mexico In Depth • 2015 Legislative Guide

Continued from 27 ➤ ed speech on the chamber floor often with the intention of blocking the passage of a bill – near the end of the session could doom the targeted legislation as well as numerous bills scheduled for a hearing after it.

This isn’t to say that all legislation is automatically doomed.

The phrase, “You’d be surprised how fast things can happen,” is bandied about a lot at the end of the legislative session.

In 2013, legislation related to tax breaks reached a late agreement between leadership in the House and

Senate. The legislation passed at the buzzer — some say after the buzzer — after being greased by both chambers at the last minute.

And, of course, a bill that seems dead isn’t necessarily dead. A member of the political party that controls a chamber can bring back a bill that is tabled.

Late in the session, so-called “dummy bills,” or blank pieces of legislation introduced just before the mid-legislative session deadline (Feb. 19 is the bill introduction deadline for the 2015 session), come into play. The legislation can be used to substitute substantive legislation at the last minute.

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New Mexico In Depth • 2015 Legislative Guide

29

Commentary

Hallway minutes and grocery lines don’t cut it

I

get something more t’s December 2012. like “hallway minutes.”

We are coming off Allies suggested we learn a great campaign to where legislators like to engage unlikely voteat lunch and stake them ers as my organizer and out.

I run through logistics Really? This is how we of taking people to Santa Sarah Nolan do democracy in New Fe during the upcoming Mexico? legislative session to lobby for drivers licenses and Power resides in relationship foreclosure prevention legislation.

The cost? $8,000.

Most Americans, like New Mex“OK, do we think people can icans, believe we should be able pack one meal?” I ask. “Make sure to change our political system if the church announcements let we know the rules. Tell us how to people know that they should get influence decisions and have the there no later than 4:45 a.m. We power to dictate what happens in can train people on the bus. We’ve the lives of our families and I reckgot time.” on we’d do it.

Getting people from Southern But following the rules doesn’t New Mexico to the legislative get many New Mexicans there. session is not easy or cheap. Since Full-time jobs don’t meet ends, a 2011, NM Comunidades en Acción college education doesn’t guarantee y de Fé, the organization I run, has a ticket to the middle class and, trained and transported hundreds despite 60 years of a single political of people of faith to lobby for poli- party in charge of the Legislature, cy changes, and to exert our power we still have the hungriest kids in and values for our families and this country. The real power in this communities. state is shrouded from view.

Our leaders and clergy have In organizing we say power worked with legislators on ending resides in relationship. If you are at predatory foreclosure practices, the Roundhouse for any number of preserving drivers licenses for all days you see the same people passNew Mexicans, advocating fair ing you in the stairwell and circling and open elections, and raising the the top floors. minimum wage.

Currently, power resides with At first, navigating how the people who can afford time and Roundhouse operates was a chalmoney to spend 30-60 days in Sanlenge. It was apparent that the ta Fe each year, people who speak informal channels of power and English and can express a public relationship ran deeper than the policy analysis in the dominant formal, less-utilized channels. language, people who can travel We attempted to meet with around the state to interim comlegislators during “office hours.” mittee hearings, have cell phone There were none. Instead, we could numbers and know which restau-

rants and bars legislators frequent.

If you can’t sustain that kind of schedule, you have to get your point across while in line at the grocery store – if you’re lucky enough to run into your legislator there.

This is a problem. Increased civic engagement is key to attaining racial and economic dignity.

Structures channel power. Informal structures lessen the power of the many, muddle political transparency, and increase the power of those who created and sustain the informal power structures that often don’t serve the real needs of New Mexicans.

Ideas for improvement Here are some changes I believe would keep our Legislature in right relationships with real New Mexicans and ensure the democratic process we deserve.

•Mental model shift – Legislators must see people as citizens, not consumers, of government. Many legislators want to know “What do you want? What can I do for you?”

Instead, they should ask citizens for their perspectives: “What do you see happening? How should we do this differently? Who should we be engaging?” They should be looking to understand.

•Create localized and formal structures for feedback – Let’s have office hours around the state with staffs and schedule. Allow people to know they matter enough to take up formal time in the life of a legislator in addition to grabbing a few minutes in line at the grocery store.

•Make the work of governing

a full-time job – We call ours a “citizen legislature” but it’s not a citizen-represented Legislature.

Because legislators aren’t paid and work erratic schedules, New Mexico is run by lawyers, businesspeople, and well-resourced or retired individuals. This creates in the Legislature an implicit bias and narrow perspective of what works for our families and, therefore, uneven outcomes and power centers.

CAFé’s leaders feel power and influence at city hall and in Washington D.C. We can make appointments. We are engaged in analysis.

People are paid to listen and act on our behalf as constituents.

Not so when we step into the halls of the Roundhouse. Someone is compensating our legislators, it just isn’t us taxpayers. Let that sink in.

Regardless of who is in charge, ordinary, low- and moderate-income New Mexicans will always be subject to poor pathways and access to power structures. Formal channels help give the most marginalized a voice.

I am fully aware that may be against the interests of some on both sides of the political aisle. But democracy can’t survive in private corners of restaurants, interrupting dimly lit steak dinners.

Nolan is the executive director for NM Comunidades en Acción y de Fé (NM CAFé). She was born and raised in Vado and currently lives in Las Cruces with her daughter Eva. The views in this column are the author’s alone and do not reflect the views or opinions of New Mexico In Depth.

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New Mexico In Depth • 2015 Legislative Guide

Commentary

Free-market ideas for opening up the Legislature

C

hange comes and independents. If a ballot-qualified party has slowly in New shown that it has a modiMexico’s Legislacum of voter support, then ture. Nonetheless, logically the candidates there are several basic nominated by such a party things legislators can do to have a modicum of voter improve citizen participaPaul Gessing support. New Mexico is tion and open government the only state that forces in the Roundhouse. the nominee of a qualified New Mexico’s Constituparty to submit a petition. tion contains no requirements for One other state, Maryland, had individuals running for the Legislasuch a requirement, but that state’s ture to collect a particular number highest court struck it down in 2003. of signatures to get on the ballot.

New Mexico has had fewer minor Nonetheless, such requirements have party and independent candidates on been in place for decades. the ballot for the last 13 years than Every year it seems some legislator any other state. Yet more New Mexiis kicked off the ballot for insufficient cans than ever are calling themselves attention to detail or signatures.

During the 2014 election, incumbent “independent.” The registration of “decline to state” comprises a larger Democratic Rep. Sandra Jeff was voting bloc than either Democrats or thrown off the ballot for insufficient valid signatures. Jeff ran as a write-in Republicans.

It is time to open up New Mexico’s candidate and was handily defeated. legislative races.

Clearly, these signature requirements have a significant impact on Using technology both Democrats and Republicans.

More importantly, they often deprive In addition to opening up legislavoters of choices on Election Day. tive elections to third parties, New Mexico’s legislators should strongly But this pales in comparison to consider allowing remote testimony the law’s impact on third parties “Over 30 years experience. Timely and accurate public policy polling.”

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before legislative committees as a means of opening the political process to new voices outside of close geographical proximity to Santa Fe. New Mexico is, after all, the fifth-largest U.S. state in land area, making it difficult for interested parties to make their way to Santa Fe for committee hearings during legislative sessions.

Washington State’s Legislature recently allowed its first remote testimony. Nevada has been doing it for years. In Washington, those wishing to testify remotely before the Legislature in Olympia can make their way to a local community college that is set up with the basic technology to testify. Needless to say, this saves tremendous travel time, opens up the process, and is good for the environment.

The technology has been around for years. Allowing for remote testimony would enable those who want to participate in the process, but can’t afford a lobbyist or can’t get away from their business or family, to have their voices heard in Santa Fe. It is time for New Mexico’s Legislature to step into the 21st Century by making remote testimony a readily available option at community colleges across the state.

To further open up the Legislature to oversight from average citizens, all legislative hearings and floor sessions should be filmed and made available in real-time and archived online.

Filming floor sessions was a nice starting point, but if New Mexico is ever to become a model of open government, these public meetings should be made truly available to the public whether they reside in Santa

Fe or Hobbs.

Lastly, it is time for the Legislature to make transparency a reality on New Mexico’s Sunshine Portal, sunshineportalnm.com.

The first thing to do is to make sure all state employee salaries are available on the portal. This is, after all, public information already.

And New Mexico’s government employee pensions should be added to the Sunshine Portal. California has done this at that state’s equivalent of our Sunshine Portal, known as Transparent California.

According to a recent “meta-study” by the Competitive Enterprise Institute, New Mexico’s public pensions are arguably the most under-funded among the 50 states. Our pension system is certainly among the most troubled in the nation. Yet, voters and taxpayers are given little information about which government workers are receiving the most generous pension payouts and what, if any, abuses might be taking place.

New Mexico’s taxpayers are paying the bills. It is time to give them the information they need to understand how their money is being spent.

Gessing is president of New Mexico’s Rio Grande Foundation, an independent, non-partisan, tax-exempt research and educational organization dedicated to promoting prosperity for New Mexico based on principles of limited government, economic freedom and individual responsibility. The views in this column are the author’s alone and do not reflect the views or opinions of New Mexico In Depth.

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New Mexico In Depth • 2015 Legislative Guide

Commentary

Let the sunshine in during 2015 legislative session

T

his year the New ing, citizens can view the Mexico Founaction from the comfort of their home offices. dation for Open The real work, though, Government happens in the committee (FOG) celebrates rooms that line the hallits 25th year educating, advocating and litigatways radiating out from Susan Boe the rotunda on the third ing for transparency in floor. Until 2009, some government. We hope of these committees were that our anniversary year will also mark the most transparent closed to the public. These were conference committees that meet legislative session in New Mexico every session to reconcile differenchistory.

What would such a session look es between House and Senate bills. like?

With the help of many advocates Philosophically, the session these important committees, which would reflect the attitude and are regularly used to hammer out belief — from the lawmakers to the final details of the state budget, security guards — that the people were finally opened to the public. have a right to know. We already Much remains to be done, are doing a good job of welcoming though. the people into the Roundhouse.

The Legislature needs to webcast Most mornings school buses line all committee meetings, including up outside the west entrance, dethose during the interim period.

We also need to archive all commitlivering hundreds of New Mexico students to watch democracy at tee and legislative sessions. work. Daily, the Capitol rotunda City councils and county comhas advocates promoting their missions need to schedule and post causes, while tens of tables in both all meetings under the Open Meetlobbies offer brochures and services ings Act and provide agendas 72 from blood pressure screenings to hours prior to their meetings. That makeshift massages. The galleries of same discipline should be followed both houses quickly fill with citiat the Legislature. Geographicalzens wanting glimpses of their local ly, New Mexico is the fifth-larglegislators. And with live webcastest state, with citizens scattered

throughout the region. Some New Mexicans travel five or six hours to testify at a committee hearing only to find the hearing has been canceled or moved to another date.

Better yet, let’s allow remote testimony at committee hearings so citizens in Las Cruces, Farmington or Hobbs can go to central locations to deliver remarks. Such a system has worked well in other large states like Alaska, Nevada and Washington.

Speaking of advance notice, wouldn’t citizen participation in the legislative process improve dramatically if we had 72 hours of notice of votes on bills? Even 24 hours of notice would be a vast improvement.

Though FOG was instrumental in opening up conference committees, many deals are still being cut behind closed doors, whether at the Roundhouse or the Bullring. Those secret deals may be good for special interest groups, but they do not ultimately benefit the state in general.

Secrecy undermines trust in our elected officials and the democratic process.

As a related issue, the Legislature needs to hear the voice of the people, not just lobbyists. Lobbyists can serve an important role, explaining technical issues to our

lawmakers. However, increasingly, their voices drown out the voices of the people. Perhaps we need to follow Rep. Jeff Steinborn’s (D-Las Cruces) suggestion that lobbyists need to wear special badges or red hats while walking the halls of the Roundhouse.

Finally, emails of legislators need to be produced pursuant to Inspection of Public Records Act requests.

Other public officials have to turn over their emails. Why not the men and women who make our laws? A couple of years ago a last-minute rule passed both houses by wide majorities that shielded legislators’ emails from public view. This is unfortunate. The public’s business needs to be conducted in public.

We know sunshine helps our gardens grow and attracts tourists to our state. Sunshine also is good government! Let’s make 2015 the sunshine session.

Boe is executive director of the New Mexico Foundation for Open Government, the state’s leading advocate for transparency in public records and public meetings. The views in this column are the author’s alone and do not reflect the views or opinions of New Mexico In Depth.

NMID will be covering the 2015 legislative session Find our complete coverage online at

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New Mexico In Depth • 2015 Legislative Guide

Commentary

Disclosure: the way to learn the price we pay for money in politics

L

ast year Common tisements and the conCause New Mexitributors who finance co commissioned them are disclosed. a poll to find out These contributions how voters felt about now threaten to dwarf money in politics. One ordinary donors and thing that became abuneven the candidates’ Viki Harrison dantly clear from the own efforts. results was that disclosure We also need to of campaign contribudefine when expentions and expenditures is hugely ditures are coordinated between important to our citizens: 86 per- independent groups and candicent of the respondents – across dates, and if they are coordinated, the political spectrum – wanted require them to be counted as to know who is funding candiin-kind contributions, which are dates. limited under New Mexico law.

And that was before this year’s These changes – incorporated election, where tracing the mon- into a House bill sponsored by ey through a myriad political Rep. Jim Smith – would make action committees (PACs), candi- state law consistent with recent dates, political parties, and noncourt decisions and allow New profits became even more daunt- Mexicans to see who is funding ing to ordinary citizens who just our elected officials. Then, if they wanted to know who paid for the are more responsive to the big barrage of ads, calls and direct contributors, voters can hold mail that was trying to influence them accountable. them. This year “dark money” But ordinary citizens can’t accounted for $216 million in do that if the information is not campaign expenditures nationreadily available online, displayed wide, and super PACs accounted in a coherent, searchable and for another $51 million according sortable fashion. To accomplish to preliminary reports from the this, we are supporting an approCenter for Responsive Politics. priation to upgrade the Secretary Much of this money comes from of State’s website and to create a afar and is spent independently better enforcement mechanism to of local campaigns. Inquiring identify violations and omissions. minds want to know who these Speaking of technology, we people are and what they expect are longtime supporters of the from politicians in return for the Sunshine Portal, which is a great money they spent! first step in making information We desperately need to adapt about state operations available our Campaign Reporting Act to citizens. Now we need to build to these new, opaque methods on this foundation to reveal more of campaigning by independent information about state contracts groups. Specifically we must reand taxes so we as taxpayers can quire that the sponsors of adversee whether we are paying a fair

or exorbitant price for the goods and services the state buys. We need to know whether businesses both inside and outside of the state are competing on a level playing field, or one that has been tilted toward big contributors.

Again, for this information to be meaningful, it must be in a searchable database.

One area where New Mexico lags behind other states is in the disclosure of lobbyist activities.

In recent sessions there have been more than six lobbyists for every legislator, often with access that ordinary citizens can only imagine. In many states, lobbyists – or their employers – must reveal how much lobbyists are paid, who they are lobbying and what issues they are working on. They cannot be legislators who recently retired (either willingly or unwillingly) or relatives of current legislators.

In New Mexico lobbyists register, file expenditure and contribution reports – but often these are indecipherable or non-existent, purged after only a few years. To update the Lobbyist Regulation Act, the secretary of state should upgrade the lobbyist site, publish reports more quickly and in a more searchable fashion.

These reforms are included in a bill by Rep. Jeff Steinborn which also increases lobbyist registration fees and requires lobbyists to report on which legislators they are meeting with and which issues are discussed. The public deserves to know.

In addition, lobbyists should wear a badge identifying them

as a lobbyist while in the roundhouse – standard practice in other states.

The Legislature has come a long way in the past seven years to open up its proceedings to ordinary New Mexicans who may not be able to travel to Santa Fe. Citizens can now watch House and Senate floor sessions online and most (but not all) committee hearings are webcast as well.

After debating a decade, legislators agreed to open conference committees to the public. Now the Legislature should finish the job – webcast all committees, archive all proceedings and make sure that all committee votes, including those to table measures, are recorded and accessible. Only then can citizens feel that their elected officials are truly accountable.

These are bipartisan, commonsense reforms that will go a long way in reducing the negative impact money has over our political system. Most importantly, they will return the power to the people, and ensure our interests are heard in the Roundhouse. As a result, our elected leaders can focus on policies to move our state forward, including bringing jobs to New Mexico, something we desperately need.

Harrison is executive director of Common Cause New Mexico. The views in this column are the author’s alone and do not reflect the views or opinions of New Mexico In Depth.

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New Mexico In Depth • 2015 Legislative Guide

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New Mexico In Depth • 2015 Legislative Guide

Commentary

Technology can build citizen-friendly legislative process

S

ing, receiving a heads ince 2009, major up that the schedule strides have The Legislature has a unique culture. Timeliness has changed is rebeen made in spectful. building a more is not necessarily the primary function. We now In 2009, many accessible legislative have the tools to enable the most important inmembers struggled process. Floor sessions put to that process. with the webcasting and committees are changes enabled by webcast as a matter Janice Arnoldtechnology. Today’s policy. Interim comLordsburg, they would have the schedule change. Do not argue Jones technology is even mittees that meet that not everyone will get the option of turning around. more agile and, with around the state notice. Someone in a group will By being respectful of our compliments to the Legislative between sessions are also webhave a phone that has text or citizen’s time, more citizens will cast. It is time for archiving the Council staff, the systems and email notification capability. have the opportunity to partictools available to the Legislapublic record.

Keep in mind, there are many ipate. In my book, more citizen ture are robust. That means It is also time to be actively reasons for schedule changes participation creates better resistance to change, which is respectful of our citizens’ time.

– from the bill sponsor being representative government.

We need a schedule-change no- commonplace in other sectors, stuck in another committee, to This type of communication tification system. If the airlines, is, well, futile. negotiation between legislators will require the commitment of As the new leaders in the transit systems, plumbers and to create a better bill, to the the staff at the capitol. Personcable services can let customers House of Representatives sponsor pulling the bill from ally, I would appreciate notices know, with reasonable accuracy, make their mark, they have the the schedule, or to the staff saying something like: “House opportunity to truly involve the estimated time of arrival, recognizing that the committee or Senate is still on the floor. departure or completion, surely the citizens of New Mexico in simply cannot hear all 50 bills Current estimated start time for the process. It is time to add this is possible at the Legislascheduled on a specific day. afternoon committees is 3 p.m.” a real-time schedule-change ture.

Now, I have been waiting The Legislature has a unique notification tool to “My RoundOne of my greatest frustrain an airport and received the culture.

Timeliness is not neceshouse” at nmlegis.gov/lcs/ tions during my service in the dreaded electronic notification: sarily the primary function. We House was seeing citizens from roundhouse.

“Flight cancelled.

See ticket now have the tools to enable the Being respectful of our around the state waiting for a agent!” At least I knew, and be- most important input to that citizens’ time is good manners bill to be heard, but the hearing cause I knew I had options. I as- process, that of John and Jane and just commonsense. If a never happened. No explanasure you that a group traveling committee chair knows that Citizen. A real-time notification tion. No notice. Nothing was from Lordsburg would like the a scheduled hearing will be system would improve citizen more disheartening than to enoption of knowing of a scheddelayed, notification to the My participation (and satisfaction) counter citizens who had driven ule change at the Legislature.

If Roundhouse system could enand ensure improved effectiveor waited hours to attend a they are only 50 miles out from able mobile notification of the ness of the process of represenhearing, when the staff knew tative government. the schedule had changed.

The people who didn’t know were the ones taking off work, Read Janice Arnold-Jones on the Arnold-Jones, a Republican, counting on babysitters, and is a former New Mexico House importance of answering your door traveling to and waiting in In member from Albuquerque. The when a political candidate knocks at the capitol to give their input. views in this column are the Doesn’t matter where you live – author’s alone and do not reflect NMInDepth.com. .com if you take the time to go to the the views or opinions of New Mexico In Depth. capitol in Santa Fe for a hear-

NM

Depth

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New Mexico In Depth • 2015 Legislative Guide

Commentary

Making state’s health care more transparent

H

heavy burden on state ealth care taxpayers, with over pricing has 27% of New Mexico’s been likened annual budget going to

by Princehealth care. As health ton economist Uwe care spending outpacReinhardt to shopes the growth of the ping blindfolded in a department store, and Fred Nathan rest of the economy, it threatens to crowd out then months later respending on priorities ceiving an indecipherlike public schools and higher able statement with a framed box at the bottom that says: pay education.

How did we get to this point? this amount.

A century ago, patients paid Indeed, here in New Mexico directly for their health care it is easier to find the price and and knew exactly what it cost. quality of a toaster than it is of Over the ensuing decades, the a common medical procedure. rise of private health insurance, Because information about Medicare, and Medicaid disconprice and quality is essential to nected patients from the cost of almost every market transactheir care. tion, this lack of transparency That situation is predicted to means that health care is more change with the recent trend expensive than it would othertoward higher deductibles and wise be. growing out-of-pocket costs.

The high cost of health care For example, Bronze health has devastating consequences. insurance plans under the AfOver 62% of personal bankfordable Care Act have average ruptcies in the U.S. are attribdeductibles of more than $5,000 utable to illness and health for an individual and $10,000 care debt, up from 8% in 1981. for a family.

Many of these medical debtors Economists believe that these are middle-class homeowners, and more than three-quarters of higher out-of-pocket costs will cause patients to be more senthem had health insurance. sitive to prices, which will help Health insurance costs are contain overall costs. However, also a major driver of the nathis ignores one crucial detail: tional trend toward part-time employment, as they make em- the lack of transparency makes it impossible for patients to ployers less willing and able to hire full-time workers with ben- comparison shop for the highest efits at a time when we urgently quality, most affordable care.

That is why Think New Mexineed to create good private co has proposed the creation of sector jobs for New Mexicans.

Finally, health care costs are a a user-friendly website where

New Mexicans can find the price and quality of the 100 most common medical procedures. This is not a new idea: a total of 14 states, including Arizona, Colorado, and Utah, have already established similar websites, and another five states are actively working to create them.

These websites are already making a difference. A 2013 study by researchers at the University of Chicago found that the price of common elective procedures dropped by an average of 7% in states with transparency websites. For example, hip transplants averaged $2,800 less in states that had the websites.

Making quality data, such as rates of avoidable errors and readmissions, transparent is just as important as price. If quality information is not provided, many patients will assume that higher-priced care is higher quality. After all, in most markets, “you get what you pay for.”

However, numerous studies have found that, when it comes to health care, cost and quality are not correlated. In fact, if anything there is a slight negative correlation because avoidable errors, infections, and readmissions make the health care costs spike. (It is important that quality metrics be “risk-adjusted,” taking patient populations into account so that they do not disincentivize hospitals from treating the sickest patients.)

Making risk-adjusted quality data transparent incentivizes health care providers to compete to improve it. As the old saying goes, “what gets measured gets done.” For example, when Pennsylvania began publishing hospital-acquired infection rates in 2006, the statewide infection rate fell by 7.8% within a year. This not only improved the quality of care and saved many lives, but it also lowered costs since the average cost of hospitalization in that state was $53,915 when an infection occurred, and only $8,311 when it did not.

A health care price and quality transparency website in New Mexico will similarly save both lives and dollars by making health care more patient-centered and more of a free market.

That is why leading doctors like Dr. Barry Ramo have endorsed our proposal, along with statewide and national organizations like the League of Women Voters New Mexico and Costs of Care.

Nathan is Executive Director of Think New Mexico, a results-oriented think tank whose mission is to improve the quality of life for all New Mexicans, especially those who lack a strong voice in the political process. The views in this column are the author’s alone and do not reflect the views or opinions of New Mexico In Depth.

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New Mexico In Depth • 2015 Legislative Guide

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New Mexico In Depth • 2015 Legislative Guide

Commentary

Why do many lawmakers fear transparency?

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list their occupation, hen I was a not employers. reporter in The state CapConnecticut, it was exhilarating itol in Hartand exhausting to ford also aired legislareport on scandals tive hearings and floor that climaxed with debates on its legislaTrip Jennings tive TV channel. That that state’s governor pleading guilty to made it easy for the corruption and going public – and reporters to federal prison.

– to follow crucial votes and I had dug through piles of debates when not attending. government documents, talk And then there was the ed to sources, all in the hopes “nametag” mandate for lobof trying to nail down how a byists trying to influence government official had crossed Connecticut state lawmakers. the sometimes-blurry line beThe idea was to make it eastween right and wrong. ier for members of the pub Fortunately for the public – lic to identify who the lobbyand reporters like me – Conists were.

Politics, like much of life, is necticut provided some help relational and it’s especially true along the way. in a legislative body, wheth An independent state ethics commission had analyzed some er the U.S. Congress, the Conof the Connecticut governor’s necticut Legislature or in Santa actions and found them quesFe. So, imagine my disorientationable.

There were small things too. tion in 2005 when I moved to In Connecticut, thanks to its New Mexico to work for the Alcampaign finance disclosure buquerque Journal covering laws, the public – and reporters Gov. Bill Richardson and our – could begin to chart the restate’s Legislature.

New Mexico’s campaign lationships between the people finance laws weren’t – and still who gave money and the political candidates who took it. For aren’t — as strong as Connectiexample, Connecticut required cut’s were in 2002. And only – and still does – campaign recently have New Mexico state contributors to list who they lawmakers begun webcasting work for, not just their occupa- legislative hearings and floor tion. In 2015, 10 years after I left debates. But don’t expect to be able to watch them after the Connecticut, all New Mexico fact. The Legislature doesn’t requires is for contributors to

archive them.

And lobbyists in Santa Fe still don’t wear nametags.

It took me years to put names with faces of many of the lobbyists in Santa Fe — and it’s my full-time job to know these kinds of things. Can you imagine how disorienting the Capitol is for a member of the public who attends a hearing for the first time and doesn’t know who anyone is.

A short disclaimer: Sometimes lobbyists get a bad rap. In my experience, most are friendly and helpful. A long time ago, I learned what many journalists discover – you can’t do your job well in a state Capitol without getting to know the “wall leaners,” the lobbyists and other denizens milling around the Capitol’s hallways during a legislative session who know how the place works.

But my friendliness with lawmakers and lobbyists doesn’t negate the fact that a state capitol functions as a sort of insiders club, which can be a problem when it’s the public’s business lawmakers are charged with doing.

Take, for example, what New Mexico tells the public about how lobbyists do their jobs.

We know, based on information from the New Mexico Secretary of State’s office, that from May 2013 through April 2014 individual lobbyists reported

spending $443,058 on gifts and meals to lawmakers and elected officials leading up to and during the 2014 session.

Of that spending, 10 lobbyists spent between $10,232 and $27,750 each, for a total of $156,116, or 35 percent of the total spending by lobbyists.

But we don’t know what issues or bills lobbyists were paid to try to influence. New Mexico, unlike states such as Colorado and Wisconsin, doesn’t require lobbyists to list what issues or bills they are lobbying on.

Add it all up — the weak campaign finance laws, the lack of archived legislative hearings and floor debates, the absence of lobbyist nametags and information about what bills they’re seeking to influence – and I wonder sometimes what New Mexico’s state lawmakers are afraid of? Why don’t many of them support making it easier for the public to understand how business is conducted at the Roundhouse? What do they fear if New Mexicans were able to better understand how their government works?

These are questions worth asking in 2015.

Jennings is New Mexico In Depth’s executive director. The views in this column are the author’s alone and do not reflect the views or opinions of New Mexico In Depth.

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New Mexico In Depth • 2015 Legislative Guide

CHAMPIONS This guide would not be possible without dedicated Transparency Champions who believe that open and accountable government is the foundation of a strong democracy. NM In Depth thanks them for their commitment and support!

T ransparency

CHAMPIONS

Janice E. Arnold-Jones and John Jones Barry Bitzer Chris Cervini William Daumueller Diane Denish Valerie Espinoza Susan Fitzgerald Mark Fleischer Collin Hunter Tom Johnson-Institute for Analytic Journalism Tim Keller Trish Lopez Daniel Macke Felicia McCracken Michelle and Donald Meaders Debbie O'Malley Alan Packman Kyla Thompson Alan Webber League of Women Voters Rio Grande Foundation

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GUIDE SPONSORS: Agenda, LLC Bregman & Loman, P.C. Buzzsaw Strategies BWD Global Common Cause New Mexico Conservation Voters New Mexico Doña Ana County Drug Policy Alliance Farmington Daily Times The Garrity Group Public Relations Hobbs Chamber of Commerce IATSE Local 480 Jason Marks Law, LLC Joe Monahan KOB-TV Channel 4 Las Cruces Sun News Laguna Development Corp.

Minerva Canna Group, Inc. Natural Rx New MexicCann Natural Medicine New Mexico Comunidades en Accion y de Fe New Mexico Foundation for Open Government New Mexico Political Report New Mexico Railrunner New Mexico Turn Around Organtica, Inc. Positive Energy Solar Research & Polling, Inc. Rio Grande Foundation Santa Fe New Mexican SouthWest Organizing Project Strategies 360 Sunspot Solar Energy UNM Hospital Neurological Sciences

In addition to the sponsors of this legislative guide, New Mexico In Depth thanks the following for their generous support of our mission in 2014.

Susannah Abbey • Mary Ellen Capek • Marjorie Childress • Beck and Cooper law firm • William J. Corbett • David Craig • Mickey Curtis • Brian Egolf • Susan Fitzgerald • Shannon Freedle • Nate Gentry • Sarah Gustavus • Elizabeth Gutierrez • Frances Haussamen • Wally and Carol Haussamen • Roberta Henry • Terri Holland • Trip Jennings • Don Kurtz • John Landrum • Wendy Lewis • Trish Lopez • Alfredo Lujan • M FIVE Martini Grill • Daniel Macke • Patricia Martinez-Lopez • Bill McCamley • Felicia McCracken • Elizabeth McGrath • Rorie Jan Measure • David Morgan • Erin Muffoletto • Maggie Toulouse Oliver • Alan Packman • Lucas Peerman • Suzanne Prescott • Lawrence Rael • Hilda Raz • Pamela Roy • Angelica Rubio • Allen Stenger • Floyd Vasquez • John Wertheim • Aletta T. Wilson • Peter Wirth • Vennie E. White • Patrick Woolsey • Tashia Wyaco Special thanks to: KUNM Public Radio • The McCune Charitable Foundation • W.K. Kellogg Foundation • Thornburg Foundation

New Mexico In Depth • 2015 Legislative Guide

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“UNM knows my heritage.

That’s how they knew surgery would save me.”

— Candy R. neurosurgical patient

Neurological Sciences

“It’s one thing for your doctors to know your family medical history. It’s quite another

for them to understand 500 years of your family’s heritage. In my case, it meant they knew me, they knew how prevalent my condition was in my family, and they knew how to help. Learn more about my story at UNMHSLifeStories.org.“

UNM-30566_Neuro_Candy_9889x9494_LGA.indd 1

12/19/14 11:20 AM

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New Mexico In Depth • 2015 Legislative Guide

Republicans, Democrats and Independents

H O The Garrity Perception Survey Insight on Political Perceptions of Favorability and Trust

Favorability of Oil and Gas Industry Republican Democrat Independent New Mexico

62%

Democrat Independent New Mexico

13% Republican 14% Democrat 12% Independent 14% New Mexico

39% 32% 44%

Access Television as a News Source Republican

Trust in State Government Officials

74% 78% 75% 75%

Access Newspaper as a News Source Republican Democrat Independent New Mexico

60% 67% 53% 58%

!

Y M

Trust of Teachers Republican Democrat Independent New Mexico

65% 67% 53% 66%

Favorability of Public Schools

38% 52%

Republican Democrat Independent New Mexico

24% 44%

New Mexico-based, The Garrity Group public relations firm helps small companies to be heard and large organizations to be understood. Clients benefit from services including media relations, issue and crisis management, digital/social media and insights on NM’s diverse Hispanic market.

The Garrity Perception Survey is in its fifth year, reporting on perceptions of New Mexico residents. During the 60-day legislative session, we will feature statewide survey insights through our twitter and website.

Follow the conversation @GarrityPR #NMLEG #GPSPolitical Get the survey www.garritypr.com The Garrity Group Public Relations | 4110 Wolcott Northeast, Suite B | Albuquerque, NM 87109 | 505.898.8689 | garritypr.com *The Garrity Perception Survey has a 95% level of confidence.