Friday, March 05, 2010Food Tax: Can It Undo Dems? Special Session Aftermath Analyzed, Plus: More On Santa Fe's Tax Plans For You
In 1994 it was a six cents a gallon tax on gasoline that became the rallying cry for a disaffected electorate and a marginalized Republican Party. They had enough punch to throw Democrat Bruce King out of the Governor's office. Fast forward to 2010 and history could repeat. The two percent tax on food approved in the Special Session of the NM Legislature that concluded Thursday has all the ingredients to spark yet another voter revolt and perhaps again help deliver the Governor's office to the Republicans. (The AP wrap on the special is here.)
Every political consultant worth his reel of 30 second TV spots warned that the food tax is lightning in a bottle, and coming in a year when populism is rising and incumbents of every stripe are ripe for tar and feathering, it could very well tip the political balance come November. Big Bill can hear the footsteps if not yet see the pitchforks of the hungry crowds. He said upon conclusion of the four day session: I deeply regret that revenue increases became an option. I am especially concerned that the Senate insisted on including a food tax, which is regressive and hurts working SAY WHAT DI? Lt. Governor Diane Denish has said she is against the partial reinstatement of the tax on food, but as she did when the regular session of the Legislature concluded, she issued a statement about ethics, not the economy, when the special session ended. She said she was having a news conference to sign a "sunshine" bill into law. Not a peep about the food tax and whether she will urge the Guv to veto it. But ignoring the elephant in the room has never made it go away and Denish and the Democrats are now not only exposed on the ethics issue, but ready to be had on the issue that will ultimately decide the Guv race--the economy. Legislators made a tepid move toward sharing the budget pain with the highest wage earners in the state (who, by the way, will mostly be voting Republican) but it doesn't appear to be enough to fade the heat over their taxing of the working classes that compromise the heart and soul of the state Democratic Party. (Besides the food tax, lawmakers approved a 1/8 cent increase in the overall gross receipts tax which hits lower income earners more than higher earners.) In December, former GOP Chairman John Lattuzio wrote to us of that 1994 election year. His words bear repeating because we could have some political Déjà vu: A campaign was created by the NM GOP to repeal the six cents per gallon gas tax. My best estimate of the total cost was about $1,000. Just prior to the election, a barbecue was held in Belen that attracted close to 1,000 people. They all raised their hands and joined the ‘Posse’ organized to defeat the ‘Gas Tax Gang. The campaign was driven by the party faithful, and received more earned media for a campaign of this type than I had ever experienced. Henry Ford once famously said: "History is bunk." Perhaps. But that doesn't stop it from repeating. GRADING THE SESSION The regular 30 day session of the Legislature that sputtered to an end Feb. 18 produced no state budget for the first time in a quarter century. It fully deserves an "F" for failure. The four day special gets a D, not an F, only because they passed a constitutionally required budget. But it is faith-based budgeting. It assumes state revenues will grow by 6 percent in the year that begins July 1. But no one believes it, and another special session appears to be right around the corner when state revenue projections show the state economy to be flat on its back. If we are going to make prayer a central tenet of state budget planning, the least the Santa Fe pack could do is own up to it and call in the Hopi snake dancers for help in making it rain dollars from our turquoise colored skies. HUNGRY PACKARD We did take notice that a $6 million cash outlay to Hewlett-Packard made its way from the lawmakers and on to the Guv's desk. That's to help the computer giant open up its Rio Rancho call center where it says it will employ over a thousand. With HP having $12 billion in the bank and the state facing a $600 million shortfall, you might think the corporate giant would have thrown the state a bone by rejecting this latest round of millions. Okay, stop that chuckling. TAX MAZE We're going to talk a little taxes here. Now, come on. I can see your eyes glazing over. But reader Carol Nordengren made a point here yesterday of saying the elimination of a tax deduction aimed at increasing the tax on earners making over $100,000 would cost her over $300, even though she makes a third of that. While Carol would pay more, other readers say she would not be on the hook for as much as she calculates: Reader and attorney Helen Hecht, tax counsel for the Federation of Tax Administrators, reacted to Carol's email in DC and came with this:
The provision (approved in the special session) would require that a taxpayer who itemizes add back the state income tax that is deductible for federal tax purposes before computing tax on that income for NM. The reader said she made 1/3 of $100,000 in (taxable) income...Her NM tax amount would be a maximum of $1,355 using tax tables from last year to calculate her tax, assuming she is single. (You have to use the tax tables because NM's tax rate ranges between 1.7% and 4.9% and that makes a big difference here.) That $1,355 is the amount that she can deduct for federal tax purposes and that she would have to add back for state tax purposes. Since the incremental tax rate (for income over the $33,333) would be 4.9%, the additional tax on the $1,355 add back would be $66, not $308. Since she's paying slightly more in state taxes, she would get a slightly greater deduction for federal tax purposes next year and would end up paying a little less in federal taxes as well so the actual out-of-pocket amount would be something less than the $66. Contrast this with someone who has $100,000 in taxable income. Their state tax add-back would be about $4,618. Their additional NM tax would be $226, about three and a half times more than what the reader would pay. And Richard Anklam of the NM Tax Research Institute also concluded, like Helen, that Carol would owe in the $60 range, not over $300. He emailed: Make no mistake, the add-back is a tax increase...but the vast majority of states require the add back of state taxes. The argument is the Fed’s don’t allow you to deduct federal income taxes paid, why should the state allow you to deduct state taxes? It’s also progressive in that it’s tied to state income taxes paid, which is of course tied to income. The more you make the more likely you are to itemize. The more you benefit from that the more you’ll be impacted by the proposal. Thanks to Helen and Richard for the tutorial (we feel like we just were forced to eat our Brussels Sprouts). Middle income Carol will still end up with a slight tax increase. although not as much as she feared. Wouldn't it have been more equitable for the Legislature to have adopted a surcharge exclusively on only high wage earners? Or increase slightly the tax rates on the wealthiest taxpayers that were rolled back so much in 2003? The answer is yes and yes. THE BOTTOM LINES More reaction to the the news this week that Big Bill is under consideration to become the million dollar a year CEO of the Motion Picture Association of America. Bill claimed he wasn't interested, that he's going to tour all the major league baseball stadiums when he is done being Guv. From the email: I really don't think Big Bill is going to have much to do with Hollywood, big bucks and all. I think he wants to tour baseball stadiums throughout the country because he has his eye on becoming the Commissioner of Baseball. Big Bill wants to go out with a bat and glove in his hand, not some movie tickets! Thanks for your company this week. Let's do it again soon. From Albuquerque, I'm Joe Monahan reporting. Email your news and comments. (c)NM POLITICS WITH JOE MONAHAN 2009 Not for reproduction without permission of the author Thursday, March 04, 2010New NM US Attorney Picked; Ken Gonzales Tapped; Plus: Update On "Hollywood Bill" And: Capitol Bitterness Over Food Tax Revival
Kenneth Gonzales
The question in the wake of the nomination of Assistant US Attorney Ken Gonzales as the new NM US Attorney is what role current Republican US Attorney Greg Fouratt will play in the office. (White House release here.) Fouratt crowed publicly prior to the Gonzales announcement that he knew who the White House was going to pick and that he and the NM public would be pleased. It took over a year for the White House to make the nomination. Insiders say Gonzales could chose Fouratt as his First Assistant US Attorney, a powerful position that would keep Fouratt in the mix. If not, Fouratt is still expected to stay on as an assistant US attorney. Fouratt has been aggressive in pursuing state corruption cases, but he was unable to nail Big Bill. His attempt to have the Guv indicted in the CDR bond scandal fell short. However, the federal grand jury continues to look into State Investment Council decisions and indictments could occur sometime this election year. Gonzales, 45, a graduate of Pojoaque high school and a 1991 grad of the University of New Mexico law school, has been an assistant US attorney since 1999. He is a former legislative director for Dem US Senator Jeff Bingaman. It is Bingaman who recommended Gonzales for the top federal position. He said of the nomination: Ken has the experience required of a U.S. attorney, having served for the past 11 years as a career prosecutor working on cases involving organized crime, narcotics, anti-terrorism, and other violent crimes...Ken worked as an aide to me more than a decade ago, so I have witnessed first-hand his keen legal judgment, fair-mindedness and strong work ethic. I applaud the president for choosing someone of Ken’s caliber... Bingaman said he sent a short list of candidates to the White House for consideration, but never released the list publicly, giving rise to speculation that the job was being wired for Gonzales all along. Among those who applied for the post were Santa Fe attorney John Pound, veteran ABQ lawyer Pete Dinelli and Dem State Rep. Al Park. Others who were interviewed, according to our legal beagles, included District Court Judge Stan Whitaker and several assistant US attorneys. Our Beagles broke the news back in January that Gonzales would be the pick. The US attorney's office has been a lightning rod in state politics. David Iglesias was fired from the position by the Bush administration and that set off a congressional investigation as to whether he was axed for not going after corruption cases involving Dems. Then-Senator Domenici was reprimanded by the Senate Ethics Committee for making an improper phone call to Iglesias. Iglesias said Gonzales was a "great choice." The US attorney post goes to the party in power, but with Dems on the defensive over corruption scandals, Republican Fouratt's hand was seen as strengthened. Bingaman is getting some criticism for appearing to cave to the aggressive prosecutor and going with Gonzales who has minimal management experience. Politically, however, the move could be seen as helpful as Obama and Bingaman both work to curry favor with Hispanic voters. They are both on the ballot in 2012. The Gonzales nomination requires US Senate confirmation which is expected since he has already been vetted by the Justice Department,. The White House and Bingaman have not yet nominated anyone for the position of US Marshal, a job still held by Republican Gordon Eden, even though the Dem administration is nearly 14 months old. HOLLYWOOD BILL Big Bill came with one of his canned responses to the latest speculation that he is in line to become the new CEO of the Motion Picture Association, a move that would pay him over $1 million a year, get him back in big time politics in DC and catapult Lt. Governor Diane Denish into the Governor's office. Says Bill: The governor is not interested in this job and he is not interested in becoming a lobbyist. He plans to live in Santa Fe and drive around the country visiting Major League ballparks after term ends. But this job rumor has the Alligators most intrigued. What's not to like, they ask and they put the odds at 50-50 that he gets it. Richardson wants out of here; Denish needs a push up the ladder, and the White House doesn't want an R on the Fourth Floor when election time rolls around in 2012. TV news reporters were telling us they are hearing Richardson has a firm offer. Again, we'll wait and see if we get the ultimate game changer for the 2010 race for governor. GOP SCENE R's dread a Denish Guv appointment, but are more fixated now on who will get their Guv nomination in a five way race. Opponents of Pete Domenici, Jr., who leads in the early polling, are saying his campaign is lowering expectations for Domenici's performance at the March 13th preprimary convention. Domenici has been saying publicly that he expects to get the needed 20% of the preprimary delegates to win an automatic spot on the June 1t primary ballot, but his campaign operatives have been downplaying that expectation, saying they are looking past the peprimary. If you don't get the 20 percent, you can still get on the ballot by filing additional petition signatures. However, a poor convention showing can cripple a candidacy by drying up money. Domenici's foes say that his late entry into the race is no excuse for his not being able to muster up 20 percent of the some 450 GOP delegates. "If he can't get 20 percent of his own party to support him, how does he expect to beat Diane Denish," asked one GOP operative. We guested with KKOB-AM radio's Jim Villanucci Wednesday, a hard-core Republican, who told us he thinks all five GOP Guv candidates may try to stay in the race, no matter what happens at the GOP preprimary. It could happen. CAPITOL BITTERNESS Here's the AP wrap on all the Wednesday action at the Special Session. Here's the Journal's wrap as well. They are coming back today to do some mop-up but the heavy lifting is done. A tax bill is on the way to the Governor's desk with a budget soon to follow. They will buy lawmakers some time, but another special session could be only months away as revenues continue to stagnate or decline. The food tax was dead as I-40 roadkill when the Legislature adjourned its regular session. Its approval (2 percent on food items) in this special prompted this analysis from one of our Capitol readers against the tax: This is really a triumph of "group think" with a few powerful senators pushing these tax schemes down the throats of their colleagues, who blindly swallow without chewing because they need to be loyal to the "leadership." No one outside the Roundhouse believes this new food tax scheme is a good idea. Of course, the public is locked out of the process as legislators go from secret caucus to secret caucus. It is a lobbyist's paradise! No public there to hold everyone accountable. No messy hearings where the truth and other points of view can come out about these crazy schemes...Just back and forth horse trading in private over lunches paid for by lobbyists (who think taxing food is a swell idea because it won't affect their clients' various loopholes, subsidies and exemptions)... While the food tax appears headed for the Guv's signatures and there was also a tax deduction eliminated that will raise the taxes on well-off taxpayers, the political consequences for the Dems may be just beginning. ABOUT THAT DEDUCTION The Legislature and Governor refused to roll back the big tax rate cuts of 2003 or slap a surcharge on high wage earners to help solve the budget crisis. That deduction they eliminated and that they say has wealthier taxpayers sharing the budget pain isn't just going to impact the well-off says reader Carol Nordengren: Joe, you blogged: "The move "would apply mainly to taxpayers making over $100,000." I checked my '09 taxes , and although I earn only 1/3rd of the "$100,000" cited, my tax liability to the state would increase by $308. Thanks guys (and ladies). As my "income" is derived from NM retirement and social security, maybe I'll have to become a double dipper to pay my NM taxes? We 've been getting email on Carol's math from readers who say she has miscalculated. We'll run some of it on Friday DEEP INSIDE Let's keep it in Santa Fe and go deep into the bureaucracy to one of our Senior Alligators who has more on the abrupt resignation of attorney AJ Salazar as head of the Bureau of Elections for NM Secretary of State Mary Herrera. First, the newspaper hits with this: The former state elections chief is accusing Secretary of State Mary Herrera of soliciting money from firms that contract with her office and ordering "exempt" employees to obtain petition signatures for her re-election campaign. Our insiders say bureau administrator Kelli Fulgenzi will take over the job. Salazar is the fourth elections boss under Herrera: Joe, all the previous election directors under Mary were also attorneys. Kelli is not an attorney and is completely the creature of Deputy Secretary of State Don Francisco Trujillo. She has followed his orders explicitly and now is being rewarded. All information that comes out of that office and every single document must be approved by Don Francisco. None of the election directors had the slightest autonomy to run anything. Also, a recent development in that office has been the hiring of Gilbert Montoya, the brother of Letitia Montoya, who is Mary's campaign manager. His job title is "special projects." So go the inner machinations of La Politica. This is the home of New Mexico politics. Email your news and comments. Interested in advertising here? Drop us a line. (c)NM POLITICS WITH JOE MONAHAN 2009 Not for reproduction without permission of the author Wednesday, March 03, 2010Richardson Going Hollywood? Guv Considered For CEO Post; Denish Again Waits, Plus: Latest Santa Fe Action, And: Yet Another Election Director
Richardson & Redford
All of you who bet that Big Bill was going to finish out his second four year term, start hedging those bets. Richardson is reportedly under consideration to become the CEO for the Motion Picture Association of America. This is a major plum. The current CEO, former Congressman Dan Glickman, pulls down a whopping $1.3 million a year in salary and benefits. The job is primarily lobbying Congress and is based in DC. The news that Richardson's name was under consideration for the job that Glickman will leave next month was first reported by the National Journal's "Under the Influence" magazine. Others in the mix are Robert Pisano, the former vice chairman of MGM, and currently MPAA's COO and Richard Bates, who was recently named the head of Disney's Washington D.C. office. The Guv's office told the New Mexican in response to the job speculation: The governor is not interested in this job and he is not interested in becoming a lobbyist. He plans to live in Santa Fe and drive around the country visiting Major League ballparks after term ends.. Only the other day the Guv hosted Hollywood acting legend Robert Redford at a Santa Fe news conference where Redford announced a new center for training Hispanic and Native American filmmakers. His administration has pushed hard for Hollywood here, passing major tax breaks for the industry that has made movie production here flourish like never before. The tax breaks, costing the state about $80 million a year, have generated controversy, with some state lawmakers questioning the generosity. IMPACT ANALYSIS We've blogged for the past year of the possibility of Richardson making an exit and paving the way for a Diane Denish governorship. Most of the speculation has centered on Bill going to work in some capacity for the Obama administration. But parachuting into private industry would be a much smoother way out, avoiding the controversy that is inevitable with any political appointment. A Richardson adios in April would make Lt. Governor Denish the Governor seven months before the November election. That's a potential nightmare for the Republicans. Her name ID would soar, she would have the power of the incumbency and best of all--the chance to separate herself once and for all from the shadow of Richardson. A Richardson departure would have to be welcome by the White House. It would mean the odds of the Guv's office staying in Democratic hands would soar, helping President Obama in his 2012 reelection effort in this crucial swing state. It makes one wonder if the White House, with connections to the K Street lobbying crowd, isn't putting a word in for Bill. Richardson would be the first Governor to vacate the office without finishing his term since 1962 when Ed Mechem had himself appointed to fill a US Senate vacancy. NEWS AVALANCHE The latest Richardson stunner came amid a cascade of state political news. The Legislature was in day two of its special session to solve the state's budget crisis, city elections were held throughout the state and yet another state Bureau of Elections director was leaving the Secretary of State's office. From Santa Fe there's news on the latest deal to solve the state's estimated $600 million shortfall for the budget year starting July 1st. The Senate late Tuesday passed, on a 25 to 15 vote, a bill that raises approximately $200 million through a combination of gross receipts and personal income tax changes. The income tax changes are aimed at the criticism heard here and elsewhere that the Senate was sparing the wealthy from any of the budget pain: The Senate drafted an omnibus tax bill that would raise gross receipts taxes one eighth of a percent, allow local governments to raise gross receipts taxes on food, and close a New Mexico personal income tax deduction for payment of federal income taxes. That deduction is available only to state residents who itemize on their returns. The bill also would increase the amount of tax rebates for lower-income New Mexicans and allow more people to take advantage of that rebate. A House committee, which on Monday voted against a bill raising the tax on cigarettes by 75 cents a pack, did an about face and voted — along party lines — to recommend passage of the bill. The committee agreed to earmark 25 cents of the increase for education. The move to close that personal income tax deduction would hit high-income taxpayers most and was made to placate opponents of the tax on food. They argue that tax and other tax increases to balance the budget are being targeted mainly at middle and lower income residents. The deduction change made it possible for the Senate leadership to persuade progressive senators to swallow hard and vote for the bill which went to the House where debate went on into the wee morning hours. ELECTION NEWS No surprises in Santa Fe or Rio Rancho on Election Day. Incumbent Mayors David Coss and Tom Swisstack in Rio Rancho are both re-elected. We had a cliffhanger in Espanola. Alice Lucero beat Alfred Herrera by fifteen votes. Lucero 791; Herrera 776. Herrera gave up his District 2 seat to run for mayor. Incumbent Mayor Joseph Maestas did not seek reelection. Election results from around the state here. ANOTHER ELECTIONS DIRECTOR OUT Alligators reported Tuesday night that Kelli (Baca) Fulgenzi will become the new Bureau of Elections director under Secretary of State Herrera after yet another director bit the dust. Fulgenzi was an assistant city clerk in ABQ before joining the SOS as administrator of the Bureau. Fulgenzi will succeed attorney A.J. Salazar who abruptly quit the $95,000 a year job after holding it for less than a year. Insiders say Salazar, like previous election directors Daniel Ivey Soto and Gerald Gonzales, clashed with Deputy Secretary of State Don Francisco Trujillo who manages the day to day affairs at the SOS office. The June primary election is only a couple of months away, but Herrera says she expects it to go smoothly, despite the turnover in the bureau. That's more than can be said for anyone who takes the bureau job. Mary is going to have to have a talk with Trujillo if we are going to get an election director who can stay the course. EVEN MORE BREAKING The ABQ Journal coming with news on the Domenici Jr. GOP Guv run. It's more baptism by fire: An Albuquerque lawyer with connections to more than $40,000 in campaign contributions to Republican gubernatorial candidate Pete Domenici Jr. pleaded guilty to eight felony counts of tax evasion in 2007. Robert M. Fiser donated $1,000 under his own name and $17,100 from companies he owns. He also solicited $14,000 from family members and another $11,800 from companies he represents. THE SANTA FE WAY
We wrote this while awaiting passage of the Senate bill Tuesday night that partially reinstates the food tax, but also clips well-off taxpayers a bit. Let's see what the House does where all 70 members are up for election this year. Senators do not face voters until 2012. Is Santa Fe taking note of those 100 lost jobs at Garduno's, the ABQ based restaurant chain that is now in bankruptcy? They should because they are emblematic of the economic problem our state faces. It is the lower and middle classes getting hammered much more by this brutal recession than the professional and upper classes. Restaurants, retail and construction have been leading the way down along with manufacturing jobs. Doctors, lawyers, accountants and other professionals we speak with tell us about business being off, but not in all cases, and they are keeping their doors open. That's why there is so much concern over Santa Fe's head-in-the-sand approach to taxation. Relying solely on increases in the gross receipts tax and on cigarettes and food hits the groups that are already being hit the hardest--those "working families" the Democrats are so fond of citing in their propaganda. The professional classes are much less impacted by a price rise of a couple of dollars. And the vast majority of them would hardly notice an increase in their income tax bills of a couple of hundred dollars. Santa Fe talks about spreading the pain. But the pain for thousands of working New Mexicans--now out of work--is here and now and deep. Record numbers of New Mexicans are enrolled for food stamps, Medicaid, and unemployment insurance. Let's repeat that for Senators Smith, Jennings and Sanchez--Record Numbers. The American bargain is based on fairness and building a middle class. By piling most of the tax increases on those who can least afford them, Santa Fe would perpetuate the already wide gap between the wealthy and the shrinking middle class that they should be working to close. There once was a New Mexico Democratic Party that used to say such things. Where did it go? DOUBLE-DIPPING The Guv is getting credit for signing a measure banning double-dipping. That's when retired government workers go back on the state payroll and draw two checks. The new law says: Retirees who return to work cannot collect their PERA pension; retirees must wait out 12 months before returning to public employment, including as an independent contractor and current return to work employees shall pay the PERA employee contribution When we first glanced at the measure, we didn't notice that it called for having current double dippers pay their contributions to PERA, instead of the state. That will save a lot of money, even though current dippers are being allowed to stay on. THE BERRY BEAT There is no discernible job growth in the ABQ metro area, but like his counterparts in Santa Fe, ABQ Mayor RJ Berry seems to be hanging on and hoping for a rebound. We are now dealing with a generations-high jobless rate of 8.7% in the ABQ metro. That doesn't include those who have given up looking for work or those who have accepted part-time jobs. Including those measurements might put us in the low teens. Berry is delaying the tough decisions on city personnel until he sees the white of the eye of this nasty slump. His budget aides are sending mixed messages, with the shortfall projections for the budget year that starts July 1 ranging anywhere from $17 million to over $55 million. But with the layoff of 100 at Garduno's and more jobs to vanish when the South Valley GE plant closes later this year, Berry is being urged by City Councilor Ken Sanchez to begin planning employee layoffs, furloughs or both. Maybe Berry already is, but doesn't want to panic anyone. If this fiscal storm continues to rage, Berry's best option is furloughs and salary cuts. Throwing more people out of work is not going to help anyone, and a job with less pay is better than no job at all. Other cities have gone this route before resorting to firings. They've also asked for early retirements. The city council will begin debating the budget in earnest in April. RADIO DAY You're invited to hang out with us today at 4 p.m. on 770 KKOB-AM radio where we'll join host Jim Villanucci to discuss the 2010 race for Governor and other key contests. Its there a front runner for the GOP Guv nod or is it anyone's game? Perhaps some of the callers to the 50,000 watt conservative talker can give us some clues. This is the home of New Mexico politics. Email your news and comments. Interested in advertising here? Drop us a line. (c)NM POLITICS WITH JOE MONAHAN 2009 Not for reproduction without permission of the author Tuesday, March 02, 2010Santa Fe's "Creative Confusion"; Special Session Already Sinking, Plus: Dems Hit Domenici On Money, And: State Gambling Woes; Raton's Long Wait
Sens. McSorley & Ryan
The Special Session is already sinking. The proposal to up the tax on a pack of smokes by 75-cents was killed in the crib only hours after the session started Monday, perhaps foretelling the fate of the effort to partially reinstate the hyper-controversial food tax. For ABQ Dem liberal state Senator Cisco McSorley this special and the budget pact conceived by the legislative leadership prior to kick-off is already headed for the ash heap of history: I don't think it (the budget package) has the support to get out of the Legislature he declared. It won't take much for Cisco's prediction to come through. If liberals coalesce with anti-tax Republicans the only motion that will pass is one for adjournment. And the bizarre scheme the leadership cooked up to sneak a partial food tax through---wash your hands of it and make the cities do it--was already starting to stink up the Roundhouse like a burrito gone bad. ABQ GOP state Senator John Ryan called the food tax ploy "creative confusion." John, you're being charitable. How about "creative cowardice?" The out of sync legislative leadership and the stubborn Governor are so misreading the public mood, they're going to have call in education boss Veronica Garcia to give them some remedial reading lessons. The public wants business and others who benefited most from the crazy go-go years to shoulder their share of budget pain, but the capitol is being protected from the populist outrage like it was old Fort Marcy, not the people's Roundhouse. McSorley and Ryan are about as far apart as you can get on the political spectrum, but both know you don't spray lysol on garbage to kill the smell. You have to throw it out. Someone grab a Glad bag. This budget deal needs to be sacked. ON MESSAGE Republicans seem to have the imagination of a scarecrow when it comes to solving the state's budget crisis. Their one trick pony is "no tax increases anytime." But politically they are getting the upper hand over the Dems. Their message may be unimaginative but it is clear as a bell. Their base knows where they stand. The Dems message--diluted as it is by dozens of differing messengers-- is about as meaty as turnip soup. TIME TO "MAN UP" Rio Rancho reader Joe Barela wrote to the state's lawmakers and told them it is time for the Legislature to "man up:" 1. Do an across the board spending cut for all agencies and projects. 2. Layoff all the State employees you have to, do it now, do it fast, as it is less painful that way. 3) Place a moratorium on educational spending. If you take bold measures to resolve our budget problems then you just might get to keep your job...If you take bold measures, then the taxpayer might want to hear you talk about tax increases. Bold decisions mean that you have to “man-up." Got that? We got it, Joe, but we wonder what the lady legislators do in lieu of "manning up." MAMA LUCY RECALLED David Salman, House Majority Leader from 1971 to 1978, died Monday. As the wires reported: Salman was part of the so-called "Mama Lucy Gang," a coalition of Bernalillo County liberals and largely northern New Mexico representatives that controlled the House until the late 1970s... Salman, 74, was in the House when Walter Martinez of Grants, father of present day Majority Leader Kenny Martinez, was Speaker of the House. MORE ON DOMENICI DOUGH We were peeling the onion on the first contribution report from GOP Guv candidate Pete Domenici Jr. last night and found that he raised a total of $260,000 since announcing his candidacy January 17. Domenici gave himself $50,000 and his father, retired US Senator Pete Domenici, gave him $5,000. The senator's former legislative director, George Romanos, also chipped in $5,000. The campaign reports that another $50,000 was raised from 10 Phoenix friends. The state Democratic Party, seemingly on high-alert over the Domenici candidacy, came with the reaction to the report: “Given all of his early gaffes and mistakes, it’s not surprising that Pete Domenici Jr. wasn’t able to raise as much money as he wanted,” said the party. A spokesman for Domenici said they are delighted by the Dems reaction: Their response is rooted in dreadful fear of losing the Governor's office. Democratic insiders differ with some of their GOP counterparts and continue to bet heavily that Domenici will emerge June 1st as the GOP nominee. That's why the state Dems are hammering early and often. INSIDER BASEBALL On the handicapping front, the Pete Jr. camp is sounding increasingly pessimistic over its chances of getting 20% of the delegates at the March 13 GOP preprimary convention. That's the number needed to get an official spot on the June 1st ballot. Otherwise, you file additional petition signatures to make it on. Most of the delegates, Domenici insiders say, were locked down during months of campaigning by their rivals and changing minds at this late date is not in the cards. The campaign is focusing more on the June 1 primary now, rather than the party convention. Like some other candidates, including Dem Diane Denish, Domenici is releasing periodic fundraising reports even though the next required state report isn't due until mid-April. However, Domenici is not releasing how much cash he has in the bank or his campaign expenditures until that April report. As we blogged yesterday, Domenici's fund-raising is decent compared to his rivals, but not enough to chase anyone out of the race. RICH DAD Here's something Dave Garduno and Doug Vaughan could use. "Rich Dad" is coming to ABQ. A one time real estate icon, Vaughan is being investigated for running a Ponzi scheme. Garduno of restaurant fame owes the state nearly a million bucks in taxes. His restaurant chain is letting go of 100 workers as he closes two locations. While business across the board continues to struggle, there's some optimistic news peeking through. The Angel Fire ski resort is reporting good traffic this season, saying things are slow during the week, but weekends are busy. Nothing against the skiers, but we prefer the hills at the Angel Fire golf course. But we'll all have to wait until mid-May to see them. GAMBLING WOES The bear market marches on inexorably. Now there's trouble in Raton getting the racetrack and casino there opened. We saw the planned Racino for Moriarty fall through last year as credit tightened. Are we in for a repeat? And is the state Gaming Control Board all over this as they should be? They keep extending the deadlines for the owners to get this deal moving. A recent visit to Sandia Resort and Casino revealed a cost saving measure as the recession takes its toll on gambling revenues. Instead of posting a guard at the front entrance to greet visitors and help those needing assistance, the casino has now installed an automatic revolving door. Gone is the paid security officer. DEAN'S SONG And a final gambling note. Don't show this to your wife, but we laughed the other day (inappropriately, of course) when we heard Dean Martin sing: A wife in Vegas take my advice, it's like going to China with a sack of rice. This is the home of New Mexico politics. Email your news and comments. (c)NM POLITICS WITH JOE MONAHAN 2009 Not for reproduction without permission of the author Monday, March 01, 2010State Dems: Playing With Dynamite? Special Session Tests Mettle, Plus: If We Ruled The World--A Budget Plan, And: Domenici Cash Total; What's It Mean?
Rep. Maestas
Democrats may be playing with political dynamite as they go into special session in Santa Fe today to try to resolve a budget shortfall for the year that starts July 1 and that could be as much as $800 million. The dynamite sticks are a quarter cent increase in the gross receipts tax and a reinstatement of the taxon food while leaving untouched the tax bills of the state's most wealthy residents. This will be the second bite out of the budget apple. Lawmakers failed to reach an agreement in the regular 30 day session. And if they've again underestimated the revenue picture, as has happened time and again, yet another special session awaits us later in the year. And maybe more trainwrecks, too. All 70 members of the state House are up for re-election this year and there is nervousness among some of them over the direction of the NM Democratic Party. The state Senate--ruled by a coalition of Republicans and conservative Dems-- is locked down on not raising taxes on the well-off. In the recent regular session, the House passed a temporary surtax on high wage earners, but it appears to be off the table as the special starts today--or is it? Some House Dems want it back on the table, fearing a backlash in the June primaries or the November election if Democratic voters see no difference in the economic policy between the two parties. ABQ Dem State Rep. Antonio "Moe" Maestas points out it would take only 10 of the House Dems to join with the R's to block anything from coming out of the House. You have to think that means any kind of food tax is going to have a difficult time. The newspaper reports on the latest plan on the controversial food tax : "Municipalities would impose their local gross receipts tax rate on the purchase of food items. The state portion of the gross receipts tax on food wouldn't be imposed, and the state would stop compensating cities for their lost food tax revenue. This change would generate about $71 million for the state. Meanwhile, Maestas has sponsored a measure to slightly raise the tax brackets on the highest earning taxpayers that would bring in $70 million a year (For example, taxpayers with income of $250,000 to $500,000 would pay a rate of 5.9%). Maestas notes that the highest bracket is 4.9%--a rate that applies whether you are making $500,000 a year or $50,000. The ABQ West Side lawmaker wisecracked: I've always wanted to break into a higher tax bracket. Under current law I'm unable to. AN R ROMP? Anxious Dems fear the R's will have a field day with any reinstatement of the food tax, even on junk food. They say that would be portrayed as a slap against working mothers who buy their kids a candy bar. Maestas agrees it's too hot to handle and besides, he rejects the notion of the state trying to get people to eat or not eat particular food items. "That's a nanny state mentality," he argues. The food tax was killed in the recent session, but it's a favorite of Senate Finance Chairman John Arthur Smith who is also a refusenik when it comes to the surtax on high wage earners. The chairman's insistence on this perplexes some. His daddy was an itinerant road repair worker during the Great Depression. What would he think? Any increase in the gross receipts tax will impact lower income households most. Soon to be Dem Guv nominee Diane Denish has come out in opposition to raising the tax, knowing she would be lambasted for it during the fall campaign. But Denish and House Democrats who are on precarious political footing have no fall back position. If the Legislature approved that surtax on the wealthy as well as a small gross receipts increase, they could tell their base voters--thousands of low-paid working class New Mexicans and progressives--that they are indeed spreading the budget pain around. But what do they tell them when they don't? A TRUE TEST Democrats are facing their first true test on the tax issue in decades. They have been able to ride in the low-tax parade all these years because there was such an abundance of cash. Big Bill's 2003 rollback of the state's tax brackets was nearly universally embraced during the Great Bull Market. Now during this Great Recession, the Dems are being asked to pivot, but Richardson, aligned with conservative state Senators, is unwilling to make the move. And so far, Denish is also stuck. Not that the Republicans aren't also suffering from myopia when it comes to taxes. No matter the economic environment they have a simple mantra of tax cuts all the time. But Democrats in the Legislature may be setting themselves up for a fall by keeping the GOP base vote out of their sights and punishing their own. Don't say we didn't tell you. YES, WE NEED BIG CUTS Rep. Miera Of course, we need more than tax increases. We need a lot more spending cuts. But how do you do that when over half the state budget funds public education and the education lobby has a stranglehold on the state House? Educators have opposed an even 1% cut in funding. And the Legislature has been woefully ineffective in eliminating the administrative overhead in the schools that is one of the longest running jokes in the state. Which leads to the question: Why is ABQ State Rep. Rick Miera, chairman of the House Education Committee, included as a top representative in the budget negotiations between the House and Senate? That role is traditionally reserved for the legislative leadership and chairs of the finance committees. But there Friday was Rick front and center coming out of the Guv's office with House leaders. If the reason he is there is because so much of the budget is education, then why isn't Senate Education Committee Chair Cynthia Nava part of the budget talks? Or is Miera's presence a sign of just how out sized the muscle of the public education lobby has grown? We're just asking... IF WE RULED THE WORLD With the start of the special session today we find it timely for another of our periodic installments of "If We Ruled the World." However, it’s not that much different from previous editions, so forgive any repetition. For brevity’s sake, we’ve deleted the parts about winning the lottery, getting the girl and mandating that all restaurants carry flavored San Pellegrino (in the can). First, pass a surtax on high income taxpayers that generates $80 million a year, then approve a quarter cent increase in the statewide gross receipts tax that effects everyone and will take in about $125 million; Fix that corporate tax loophole for Wal-Mart and other big box stores, raising around $50 million a year. We're now up to around $255 million. If we must, do a quarter, not a dollar tax, on a pack of cigarettes. And beef up tax collections on out of state taxpayers that Speaker Lujan has talked about. And continue to redirect unspent capital outlay money to the general fund. We did about $150 million during the regular session. Let's go for another $100 million during the special. We still have well over a billion dollars of capital outlay, much of it unspent, sitting in state coffers. We're now at about $400 million, and it's time for the spending cuts--if we ruled the world. We'd start with the sacred cow--public education. Cut 3% across the board and finally force the downsizing of the bloated administration at APS. If we also have to cancel some less popular school sports, so be it. The educators are probably right that the rest of it is messy and painful, but it's not exactly picnic time for thousands of New Mexicans on the firing line out here. Share the pain. If we ruled the world we'd have the Legislature once and for all get rid of the political appointees that have become like leeches on the body politic. Cut several hundred and make it effective July 1st. While they're at it, make the state hiring freeze real--with truly no exceptions other than for real public safety concerns. State employees are going to have take more furlough days--we have five this fiscal year--up that to eight or nine for the next year--and raise the amount they kick in for their retirement plan by another percent or so, but exempt workers making under $40,000 a year. We'll stop there because we just realized we will not be ruling the world (geez, that stuff wears off fast) but you get the idea. Good luck, Santa Fe... DOMENICI'S DOUGH The bottom line when Pete Domenici Jr. reports his first round of fundraising tonight is that he is on track for having enough money to make a major TV buy for the June 1st primary. Domenici's campaign says the GOP Guv contender raised about $200,000 since he entered the race January 17th. That's a respectable, but far from a scare the hell out of em' total for the son of retired US Senator Pete Domenici. But with his name ID already off the charts, Domenici will need less media money than a Susana Martinez or Allen Weh. Still, the Alligators wonder, is this fella with the famous namesake capable of hitting a double or triple? So far, it's been all singles at best. Martinez reported at the end of the year that she's raised about $300,000, but it took her five and half months compared to Domenci's $200k in six weeks. Wealthy businessman Allen Weh hasn't reported lately, but back in October he announced a loan to himself of over $250,000. He had over $370,000 cash on hand back then. Doug Turner also wrote himself a check for over $200,000. Janice Arnold-Jones last reported raising about $50,000. Domenici's famous father has helped him raise money. And the young Domenici has grown more blatant in recent days in using his famous name as a campaign prop. Several analysts we spoke with said there will come a time when voters begin judging Domenici separately from his father. However, they said that is more likely to happen in a general election turnout. Republican primary voters may not be as discerning, giving Domenici Jr. the benefit of the doubt as they hunger for a winner and a name that they know and like. With about $200,000 raised, it is clear that Domenici will not go away, even if he fails to garner 20 percent of the delegates at the GOP preprimary convention March 13. He would file additional petition signatures, making him eligible for a ballot spot--and then start spending that money. Domenici's money report comes on the heels of an independent poll showing him as the strongest contender against Dem Diane Denish (45-40). The poll and the money he has raised should aid him as he searches for elusive uncommitted preprimary delegates. WHERE WE'RE HEADED Weh has the money and can saturate the airwaves and mailboxes. But does he have the message and personality? Political pros like Turner's profile for the general election, but he has to make the 20 percent mark at the preprimary or he may be gone. Martinez is showing persistence, but needs more money to get herself known and then go after Domenici. Same for Arnold-Jones. Domenici's foes tried to raise expectations for him and claimed they expected him to pick up $500,000 in six weeks. That, of course, was an unrealistic number especially given this economic backdrop. One question they have that will be answered later today: Did Domenici loan himself much money to reach the $200k mark? If he did, his detractors are sure to point it out. As we've blogged, Domenici has stumbled out of the gate, but he ambles along with that neon name flashing wherever he roams. Expect the opposition campaigns to hit hard to disrupt that stride shortly after the preprimary. CARILLO COMING BACK We already have a spirited contest for the Dem nomination for Bernalillo County sheriff and now we're going to get one for county assessor. Former three term assessor Mark Carillo, who we mentioned has been eyeing the race, is now all in. Carillo, 56, says he will challenge incumbent Dem Karen Montoya who is seeking the nomination for a second term. The office traditionally goes Democratic in November, although not always. The office has received a lot more attention than normal because of the controversy over "tax lightning," in which the property tax of new homeowners skyrockets. MAYOR ACTION Santa Fe Mayor David Coss is at 52% in the final New Mexican poll before tomorrow's city election. Challenger Asenath Kepler garners 28%. City Councilor Miguel Chavez scores 8% and undecided comes in at 9%. Coss has led throughout the campaign, but he kept the heat on in the final days, sending out a piece of lit that twice mentioned that Kepler, a former city manager, was a Republican. Santa Fe is one of the most Democratic cities in the state. The poll was taken last Tuesday and Wednesday In Rio Rancho, Mayor Tom Swisstack is being challenged by former Mayor Jim Owen. We haven't seen anything that would lead you to believe Swisstack won't win re-election. BETTY FIORINA That's a cool retro picture of Betty Fiorina, the three term NM Secretary of State who died last week. If you're of a certain age it may remind you of the style of your mother or grandmother. Democrat Fiorina served eight years. She won two terms at two years apiece and, in 1970, was the first SOS to win a four year term. One of her sons, Tom Fiorina, became a well-known Santa Fe municipal judge. He recalls his mother as a pacesetter for women in politics back in her day, as well as a lover of dogs. She probably would have preferred that we mention the dogs first. Betty Fiorina was 90. This is the home of New Mexico politics. Email your news and comments. Interested in advertising on the state's #1 political web site? Drop us a line. (c)NM POLITICS WITH JOE MONAHAN 2009 Not for reproduction without permission of the author |
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