Senator Vernon Asbill

Senators Leavell and Kernan Support Lower Utility Rates

For Immediate Release Monday, March 01, 2010 Contact: 986-4702


Photo Caption: Lea County Manager Mike Beverly and his wife Karen visited Senators Carroll Leavell (Carlsbad) and Gay Kernan (Hobbs) at the capitol after the County Manager testified at the EIB public hearing today. Senators Leavell and Kernan are in Santa Fe for the Special Session of the State Legislature.

SE NM Senators Still Fearful of Skyrocketing Utility Rates after Receiving Update On Environmental Improvement Board Hearing

Santa Fe- State Senator Carroll Leavell (Hobbs) and State Senator Gay Kernan (Hobbs) are concerned as ever about potential skyrocketing utility rates in Lea County and throughout New Mexico. Today they received an update on testimony presented at an Environmental Improvement Board (EIB) public hearing. The testimony opposes the proposed EIB regulations and limits to emissions from industry including power plants that could send electric rates flying.

Senator Leavell said he hopes today’s testimony by a number of people representing Lea County will have an eye awakening impact on the state’s Environmental Improvement Board’s plan to impose impossible limits to the amount of carbon dioxide, known as green house gas, that can be emitted into the atmosphere.

“No other state has the restrictive limits the Environmental Improvement Board wants to impose here in New Mexico. I have always believed the EIB has overstepped its authority and its proposal regarding green house gas emissions will be very harmful to Lea County industry. All of the testimony presented to me today further confirms my belief,” Senator Leavell said. “I appreciate the Lea County Manager and all others who represented Lea County and its interests for testifying at today’s hearing.”

Both Senators Leavell and Kernan, as well as Representatives Bill Gray and Don Bratten are plaintiffs in a lawsuit to stop the EIB from usurping its authority to create and legislate laws that would cap green house gas emissions to amounts less than what they were 20 years ago.

Senator Kernan said she is hopeful the efforts of so many in protesting the proposed regulations at today’s hearing will have a positive impact on all of the state.

“I want to express my appreciation to the citizens of Lea County and Southeast New Mexico for taking the time to be present at the EIB hearing,” Senator Kernan said. “The testimony and support by private individuals should have a huge impact on all the citizens of New Mexico in recognizing the detrimental impact of the action of this EIB board in regarding green housing emission cap.”

Lea County Manager Mike Beverly and his wife Karen visited Senators Leavell and Kernan at the capitol after the public hearing.

Lea County Manager Beverly told the Senators about his testimony to the board that the cap on green house gas to 25% of 1990 levels would severely affect utility customers because a number of plants would have to close because they would not be able to meet the onerous restrictions.

“There is no current technology to execute the target in a reliable manner. The result will be the most regressive tax possible on the citizens of New Mexico,” Mike Beverly said.

He said this was the first public hearing and that most testimony was opposed to the petition for an executive order to put in place the restrictions. More technical hearings will be held in coming months.

‘If it is not stopped electric rates in Lea County will go through the roof,” Karen Beverly said.

Mike Beverly said those who testified in opposition of the restrictions today included the Lovington School Superintendent, the Lea County Electric Co-op and representatives from Xcel Energy.

Mike Beverly said Congressional representatives are being asked to develop reasonable federal rules and regulations because carbon monoxide emissions respect no state boundaries and limiting them is not a state issue.

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Special Session- Tax Increasing Disaster, Scary

For Immediate Release Monday, March 01, 2010 Contact: 505-986-4702 Special Session: “Tax Increasing Disaster” “Scary Picture” for NM “Complicated Shell Game” Santa Fe- One Republican State Senator is calling the special session of the State Legislature that began today a “tax increasing disaster” while the Republican Senate Caucus Chair said it is setting up “a scary picture” for all New Mexicans and that Republicans were not included in the process leading up to the special session that is creating a “complicated shell game” to confuse tax payers. “It is a pretty scary picture, a pretty scary situation and a dire situation,” Senate Minority Caucus Chair Dianna J. Duran said. “We need to talk about cutting spending and not only increasing taxes. We have a lot to discuss and I am very concerned that these tax increase proposals are going to be pushed through the legislature without input from the public who will be affected by these tax increases. The Republicans have been left out of the process that developed these tax cutting bills and I fear these tax increases will pass before the public is even aware of what is happening up here.” According to the Senate Majority Leader, the special session that began this afternoon to produce a balance budget for fiscal year 2011could be over tomorrow night. State Senator John Ryan of Albuquerque said. “Oh boy, it is a disaster in my opinion. The deals that are being talked about are going in the wrong direction. I would much prefer that we talk about taking a major chunk out of state government’s budget that has increased over 51% in the past six or seven years that increases taxes.” The proclamation issued by Governor Bill Richardson includes, among other items: increasing the gross receipts tax; increasing compensating taxes; increasing the cigarette tax; and language to allow the repeal of the food tax deduction. ###

For Immediate Release Wednesday, February 24, 2010 Contact: 505-986-4702

Senator Ingle Tells Governor Raising Taxes Not Good Option

Santa Fe—Senate Minority Leader Stuart Ingle met with Governor Bill Richardson regarding the upcoming special session. Senator Ingle told the governor that he believes the session should be limited to budget issues and he told the governor that during these difficult economic times reducing the size of state government was a better option than increasing taxes on New Mexicans who are already struggling. “Republicans will do their best, they will say more “no” than “yes” to increasing New Mexicans’ taxes,” Senator Ingle said. Senator Ingle said the economic outlook is still dim and more cuts to state government should be considered.

The Senor Ingle said a budget could have been accomplished during the regular session but the governor sent down many messages on controversial issues that took up a lot of time in the limited 30-day session.

Senate Minority Leader- Special Session Guessing Game

For Immediate Release Tuesday, February 23, 2010 Contact: 986-4702

Minority Leader: Special Session Revenue Info Still A “Guessing Game”
If Majority Reaches a Decision on Tax Increases Doesn’t Mean Senate Republicans Will Support it
Santa Fe—The Senate Minority Leader said it would be wiser to have a special session after the state’s first quarter revenue is known in April than to have one starting Monday, March 1 when everything will still be a “guessing game.” The Governor first announced he was calling a special session of the legislature to pass a budget to begin at noon on Wednesday, and then he changed it to begin on Monday.

“It is pure guess work at this point unless we have more accurate information. The revenue information we are dealing with is very optimistic, too optimistic. If we base a budget on the projected 6% growth in revenue we will be in trouble again if the revenue does not come in. By April, we will have a better idea of what we are dealing with,” Senate Minority Leader Stuart Ingle said. “Frankly, we should not be here for another six weeks, after the first quarter’s estimated revenue is known. But waiting until Monday for a special session is better than tomorrow because it allows for more time to work out an agreement.”

Senator Ingle said a true, accurate revenue picture is especially critical this year because the state could be in trouble financially if Federal stimulus dollars it has used in areas that require recurring money don’t return.

“We need to make sure to get the job done right, we shouldn’t fool ourselves,” Senator Ingle said. “I like to be optimistic, and I hope I am wrong, but a projected 6% growth in revenue for next year is too optimistic.”

Senator Ingle said the budget the Senate passed in the regular session that ended last Thursday is a decent budget considering the economic difficulties the state is facing. The Senate passed its version of the budget, but the House never heard the Senate’s version before the regular session ended. Senator Ingle said he is not aware of any agreements on areas of the budget the Senate and House versions differ, and acknowledged that as a member of the Minority party, he is not invited to Majority party meetings where agreements could be taking place. “Things can change pretty quickly up here, if the Majority party reaches a decision on tax increases doesn’t mean Senate Republicans will support it,” Senator Ingle said.

Senator Ingle said he does not believe the Senate will vote for an increase in the gross receipts tax that the House leadership is supporting. He said the Senate might adjust what the Senate has recommended on the food tax.

Senate Minority Leader Says Budget Doable Before Session Ends Thursday

Senate Minority Leader Says Budget Still Doable Before Session Ends Thursday
Reacts to Governor Saying He Would Call Special Session Next Week

Santa Fe- Senate Minority Leader Stuart Ingle said the budget is doable and he said a budget compromised can be reached by Thursday noon when the session ends.

“There is a good possibility we will be out of here Thursday with a balanced budget,” Senator Ingle said in response to a question that the governor said he would call a special session next week if an acceptable budget to him is not agreed up on between the Senate and House. “We are here for the people. We need to take care of business and go home.”

“The House has the budget the Senate passed. The House knows how to send it up to the governor. Senate has completed its work on the budget. A conference committee will need to be called to work out differences,” Senator Ingle said.

Senator Ingle said the Senate did make cuts, did raise revenue and it is not the time to have any more taxes. “The Senate has passed all it can on taxes,” Senator Ingle said.
“While folks don’t like cuts in state government, our businesses don’t like cuts in their businesses either but they have had to do them. We can’t say the state can have cuts.”

When asked if the governor’s call for a short budget session was too long and perhaps why a budget agreement has not been reached yet, Senator Ingle said some issues like domestic partnership have taken a lot of debate time during this limited, budget session.

“In addition to all of the other committee assignments, the domestic partnership bill did take up three to four hours just last night in the Senate Finance Committee with the same results as it has last year, voted down 7 to 5,”Senator Ingle said. “It did not need to take up a lot of time this session as we face a budget crisis.”

NM State Senator Steven Neville

For Immediate Release Saturday, February 13, 2010 Contact: 986-4702


Hit Taken out of Tax Lightening

Senate Passes 22-16 SB 160- Property Tax Methods

Santa Fe—The New Mexico State Senate tonight took the hit out of tax lightening that has largely struck Bernalillo County by passing SB 160- Property Tax Methods by a vote of 22 to 16.

The bill is expected to make property taxes fairer in Bernalillo County and across the state where tax disparities have been striking since a law changed several years ago to remove a cap on property taxes when ownership of the property changed.

That resulted in an alarming tax disparity among property owners because when there was a change of ownership a 3% annual cap on property valuations was not extended to the new owner. That often resulted in property taxes skyrocketing for the new owner whose property was assessed at current and correct values compared to neighbors whose taxes were still being limited by the 3% cap on valuations.

The sponsor of the bill, Steven Neville said the goal of the bill is to equalize valuations and thereby property taxes that have gotten out of whack over the past several so everyone pays their fair share to run government.

“The cap for some and not for all went against the principle of fair and equal taxation, “Senator Neville said. “Some neighbors were paying more than their fair share of services compared to their neighbors. The new owners were subsiding their neighbors and that is not fair.”

Senator Neville says his bill will help equalize taxes by allowing the 3% property valuation cap to remain in place even when there is a change of ownership. He said it also calls for the county assessors to determine the current and correct values for all property in their counties over the next five years so taxation can be based on those current values. While that might mean some taxpayers whose property that has been greatly undervalued will see their property taxes increase when the current and correct value is determined, overall taxes in the county should not rise because of a law called yield control.

Senator Neville said because of yield control, taxes are not arbitrarily raised when property values increase in a county. If property values go up in a county, tax rates applied to the property go down because of yield control, resulting in tax collections in general remaining the same.

“Correcting the problem will be spread out over five years so there will not be a shock for those who have been subsidized in recent years. Facts are, there will be a slow rise in taxes for those who have been subsidized. Those who have bought property over the past several years and experienced unfair taxes should see their taxes slow down over the next five years when valuations become more accurate,” Senator Neville said.

Senate expected Tuesday to vote on Override of Governor’s Veto of Bill to Shift Control of the State Investment Council away from Governor

Santa Fe—The New Mexico State Senate is expected Tuesday to try and override the governor’s veto of a bill to shift control of the State Investment Council away from the governor after years of pay-to-play scandals hit the news media. Last year, both the Senate and House overwhelming passed the measure which was then vetoed by the governor. A successful override would need 2/3 of the Senators present and voting. If all 42 are voting, 26 votes would be needed for an override.

The sponsor of last year’s SB-460-Additional Investment Appointees- Senator Steven Neville said the state never received the slightest explanation from the governor why he vetoed the bill that could re-instill more public confidence in the State Investment Council. The council has been caught up in one pay-to-play scandal after another with reports of governor insiders receiving millions in fees paid by recipients of state investments.

“In this time of great suspicion, it is important both the Senate and House vote to override the governor’s veto. There is no more time to lose, this should have become law last year,” Senator Neville said. “We need to instill more confidence in the State Investment Council that manages $12.1 billion of New Mexico dollars.”

If both the Senate and House override the governor’s veto the measure becomes law immediately.
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Neville said he the bill would have made the state investment council more autonomous and less politically controlled.

The governor not only chairs the State Investment Council, but he appoints most of the council’s members and hires the State Investment Officer.

“In essence, one person- the governor- has control over $12 billion dollars worth of investments. Investments what were as high as $15 billion in recent years. As it stands now, the State Investment Council has nine members and is essentially able to push through a governor’s request because the governor is chairman of the council, plus the governor has control over six of the eight remaining members,” Neville said. “That needed to change. The legislature wanted the change, but the governor did not.”

Senator Neville’s bill would have increased the council’s membership from nine to 13 and would have removed the governor’s power to appoint members. The five standing members would have remained, those being the governor; State Investment Officer; State Treasurer; the Commissioner of Public Lands and the Department of Finance and Administration cabinet secretary. Four members would have been appointed by the Republican and Democrat leadership in the Senate and the House. Then, together, the nine members would have appointed four public members who would have been confirmed by the Senate.

Governor Richard pocket vetoed Senate Bill 460 without a written veto message.

Today the Senate overrode the governor’s veto of SB 531- LFC Review of State Funding Recipients. The Senate voted 34-8 to override the veto on the bill sponsored by Senator Tim Keller. That bill now goes to the House. If the House overrides the veto, the bill becomes law immediately.

Senator Vernon Asbill

NM Senate Takes up bill to Give Schools Flexibility to address possible Budget Adjustments

SB 97- School District Budget Flexibility- Senator Verson Asbill

The New Mexico State Senate is taking up a bill today to make budget cuts to school districts more palatable. The sponsor of SB 97 says if his bill becomes law school districts over the next three years of budget constraints would be able to take the cuts to their budgets and make adjustments to class loads, school day lengths and other operating expenses in exception to the school code.

“The school districts will not have a free for all, they would not be able to affect adversely classroom instruction,” Senator Vernon Asbill said. “They would be given the flexibility that our charter schools now have.”

Schools would apply to the Secretary of Education to temporarily waive rules pertaining some items covered in the school code.

Senator Asbill said his SB 97 would help address the state’s budget crisis and how it could impact New Mexico school districts. The bill will give school superintendents and school principals more flexibility in operating their schools as they face possibly having to adjust their budgets to live within the reality and means of fewer tax dollars going into the state coffers.

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State Senator Dianna J. Duran

State Senator Dianna J. Duran is trying to relieve the concerns and anxiety some of her constituents are having regarding honest elections in New Mexico and two bills that are moving through the legislature that would allow people to vote on the very same day they register to vote.

Senator John Ryan

Can be Introduced! Bill to Cut Political Hires and Bill to Fight Fraud

Senator Ryan’s videotaped comments on: www.newmexicorepublicansenators.blogspot.com
SB 127, SB 220

Santa Fe- Two of Senator John Ryan’s bills made it through their first Senate Hurdle today. The Committees Committee approved that the two bills are germane and can be debated this session. Both are designed to save the state millions.


State Senator John Ryan (R-Bernalillo-10) wants to stop the state from having to pay to defend state employees who are being sued for fraud or other government wrongdoing on the job when it is the state that is also involved in pressing the charges. The bill would involve employees of the State Investment Council.

Senator Ryan has introduced Senate Bill 220 in reaction to the high-profile whistleblower case of Foy v. Vanderbilt lawsuit. In that case, the state’s risk management division is paying to defend state employees the state itself has an interest in suing for alleged fraud. According to news reports, that lawsuit alleges the former state investment officer and other state employees were instructed to make investments in exchange for political contributions.

Senator Ryan’s SB 127- Limit Employees in the Executive Branch can also be debated this session. Senator Ryan is still fighting to limit the number of political hires a governor can have in an administration.

Senator Ryan says the limit on political hires will reduce the size of state government and the budget. He believes his bill should be considered pertinent or “germane” to this budget-related session. It will be presented to the Committees Committee Thursday for its permission to be debated this session.

“The number of political hires is out of control. The legislature has oversight authority and needs to get a handle on how many political hires a governor can have in an administration,” Senator John Ryan said today. “There needs to be a limit on the number, otherwise our state budgets will continue to grow and grow without the legislature’s consent. It is a budget issue. It is a clear balance of power issue.”

Senator Sue Wilson Beffort Sponsors Ethics Commission

WATCHED AND THEN CAUGHT—
BILL TO CREATE ETHICS COMMISSION TO DISCOURAGE UNETHICAL, ILLEGAL ACTIVITY IN STATE GOVERNMENT

SB 268- Governmental Standards Commission Act- Senator Sue Wilson Beffort


Santa Fe- Unethical and illegal activity in state government could be stopped in its tracks with the help of an ethics commission if a bill sponsored by Senator Sue Wilson Beffort becomes law.

“Unethical and illegal activity in state government could be better discouraged if those engaged in it believe there could be a better chance they are being watched, reported and caught,” Senator Wilson Beffort said. “This bill provides for confidential investigations and prohibits retaliation against those who report the unethical behavior.”

Today, Senator Wilson Beffort introduced a bill to create an independent six member ethics commission to investigate allegations of ethics violations in the executive and legislative branches of government

Senator Wilson Beffort said her bill provides for confidential investigations by the commission; if the commission dismisses a complaint it would not publicly disclose the results except upon request of the respondent.

“In the that the commission finds by clear and convincing evidence that the respondent's conduct constitutes an ethics violation, it will report to the appropriate legislative body, state agency or employer, depending on who the respondent is employed by,” Senator Wilson Beffort said.

If a criminal violation is found, the commission must refer it to the attorney general or appropriate district attorney.
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“It is important to note that the act prohibits retaliatory action against a person who in good faith files a complaint or provides testimony and makes it clear that a person who files a false claim is subject to civil and criminal sanctions,” Senator Wilson Beffort said.

Under the bill:

· Two members are appointed by the governor and one member each by the president pro-tempore, the minority floor leader in the senate, the speaker of the house of representatives and the minority floor leader of the house of representatives.

· No more than three commissioners may be members of the same political party

· The supreme court, with the assistance of the appellate judges nominating committee, submits a list of at least twenty-one qualified candidates to the governor and legislature for nomination

· Transfers Authority from Secretary of State to Standard Commission

· Transfers administration of the Governmental Conduct Act, Lobbyist Regulation Act, Financial Disclosure Act, Gift Act, Campaign Reporting Act and Voter Action Act from the Secretary of State to the Governmental Standard Commission