In this edition of Other Voices we welcome former longtime NM political reporter Steve Terrell who is now putting his considerable talents to work for government watchdog group Common Cause. 

The group is closely following the proposal to raise the state booze tax a quarter a drink in order to cut into the exceptionally high alcohol-related death rate in the state--the worst in the nation. A tiny tax hike was approved at the last session but then MLG stunned supporters by vetoing even that. 

As Terrell writes, because of an exceptionally powerful lobby raising the alcohol tax at the next session in January won't get any easier. 

Here's his column: 

Raising the tax on alcohol in New Mexico will hurt small, locally owned businesses like local brew pubs and wineries and neighborhood bars. And raising those taxes will hurt the tourism industry, which is crucial to New Mexico’s economy.

Lobbyists for the liquor and hospitality industries make these and similar arguments during the New Mexico Legislature any time a bill calling for an alcohol tax increase is discussed. We heard it all again during the 2023 session, in which some legislators unsuccessfully tried to pass a 25-cent-per-drink tax increase on the state’s alcohol excise tax.

But think about it.

If you and a bunch of friends go out and you each were going to have three drinks  — whether at the fanciest restaurant or the darkest little dive bar  — would the fact that it’s going to cost you an extra 75 cents that night really stop your party plans?

Back in 2010 when then-state Rep. Brian Egolf unsuccessfully sponsored a bill that would have raised the alcohol tax, he scoffed at the idea his proposal would hurt tourism.

"How many people look up the tax rate on alcohol before they decide where to go on vacation?" Egolf told a reporter. "You'd have to be the most degenerate alcoholic!"

NEVER A BAD SESSION

A recent report by Common Cause New Mexico – written by former state Sen. Dede Feldman and myself – looks at how the alcohol lobby and its allies have for years been successful in thwarting in any increase in the tax on alcohol.

This despite the fact that the state not only is the highest in the nation for alcohol-related deaths, it’s three times the national average. One in five deaths of working-age New Mexicans between 2017 and 2021 was caused by alcohol consumption, according to state Department of Health statistics.

Our report cited a recent study by the University of New Mexico Department of Economics that showed taxpayers here shell out $2.77 per drink for the health costs of alcohol. These costs include deaths, other health costs, underage drinking, and drinking while pregnant.  But that study suggests this figure probably is low because it doesn’t consider other costs such as domestic violence and traffic accidents.

Just looking at the last decade, Common Cause determined that the alcohol industry spent more than $2.6 million on political activities in New Mexico between 2013 and the spring of 2023. This figure includes:  • Nearly $1.8 million in campaign contributions by industry lobbyists to legislators and statewide candidates
• More than $456,000 spent by industry lobbyists to wine, dine and entertain policymakers
• More than $800,000 in campaign contributions to candidates from alcohol companies, retailers, distributors, breweries, wineries and affiliated individuals.
• More than $180,000 spent by industry PACS and allied organizations, including the New Mexico Restaurant Association.

This industry wisely has hired some of the best-known and best-liked lobbyists to make its case to lawmakers and wisely allowed the owners of small, local brewpubs, wineries and distilleries, rather than large international companies, become the face of their legislative effort.

Alcohol interests don’t provide nearly as much political money as, say, the oil industry in this state. But considering all the failed efforts to increase the tax on their product, the Common Cause report concludes that the industry has never had a bad session in the New Mexico Legislature.

We’ll be interested if they keep this streak going in the upcoming session.

BELOW THE BELT?

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First things first. ABQ District 6 City Council candidate Jeff Hoehn has not been charged with sexual harassment by "multiple women." He does not engage in discrimination" against people of color trying to buy homes" and he certainly did not have to pay a $1.8 billion jury verdict for "inflating the price of homes sales commissions."

Voters receiving the attack mailer from the Real NM Leadership PAC supported by labor unions and others backing Dem Nichole Rogers in her next Tuesday election run-off against Hoehn would know that if they looked below the accusations and read the very fine print that explained how Hoehn came to be associated with the sensational charges. That fine print states:

KRQE and The New York Times have reported on housing discrimination, sexual harassment claims, and price inflation involving the National Association of Realtors.

But most voters in the SE ABQ district are not going to look that far and that raises the question of whether this hit was below the belt. 

Hoehn is supported by the Help ABQ PAC that received money from real estate interests but he does not have any control over what the PAC says or does and he can't stop them from supporting him--although he has not rejected their support.

The hit on Hoehn does say at the top that the charges being leveled are against "Hoehn's biggest backer" but it's the guilt by association headlines next to Hoehn's photo that will grab most voters' attention. So on a below the belt scale of one to ten this one scores an 8. 

In another campaign finance note, we reported exclusively that Hoehn, who bills himself as a "progressive Democrat," accepted a $1,500 contribution from conservative Republican City Councilor Trudy Jones. Hoehn has yet to explain how that doesn't conflict with his self-awarded description of being a progressive Dem.

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Numerous demonstrations at local congressional offices and elsewhere demanding a ceasefire in the war in Gaza are turning up the political heat. The Democratic Party State Central Committee will now vote on the hot button proposal. The party telling SCC members:

Resolution 2023-08, The New Mexico congressional delegation must demand the Biden adminstration call for and facilitate the negotiations for an immediate de-escalation and cease-fire in Israel and occupied Palestine, has passed out of SPARC and will now go to the SCC for a vote. 

The full resolution is here.  

There recently was a seven day ceasefire in the war during which hostages were released but Israel accused Hamas of violating the cease-fire and the war resumed.

The most liberal members of the NM delegation--Reps. Stansbury and Leger Fernandez--have resisted calls for a ceasefire, instead they support a "humanitarian pause" in the war. But that would mean the bombing would continue after the pause. A cease-fire means the end of hostilities. 

Sen. Heinrich, whose Santa Fe office was vandalized with graffiti by demonstrators demanding an immediate ceasefire, has also called for humanitarian aid to Gaza but no ceasefire:

Senator Heinrich joined a letter urging President Biden to work with Israel and international partners to implement a plan that will protect innocent civilian life in Gaza, deliver sustained humanitarian aid, and work toward the long-term goals of ending Hamas’s threat, bringing hostages home, and achieving sustainable peace in the region through a two-state solution. In the letter, the senators call for the protection of civilians and civilian site.

That is far short of what many progressives in the Dem party want and who have now been successful in calling for a ceasefire vote. 

If the resolution were to pass it could put the delegation in the crosshairs of Republican opponents who have been defending Israel's war policies. But again, the Republicans have yet to even field a candidate against Heinrich who is seeking a third term next year. Neither do they have an announced candidate against Stansbury.

The SCC mail vote is set to begin December 12 and end December 23 with results published January 2. The party is offering several ways for the public to comment. Info on that is here.

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Prominent progressive Democrats are brushing off criticism of District 6 ABQ City Council hopeful Nichole Rogers and are pushing her toward the December 12 run-off election when she faces Jeff Hoehn for the SE Heights seat. 

Rogers has been under pressure for her mishandling of a charitable nonprofit she ran. Her ability to handled city finances has also been called into question because of court actions she faced in the past for failure to pay rent. But Rogers, who is half-Hispanic and half African-American and would be the first Black elected to the ABQ Council, has received solid progressive Dem support due to her long community activism. Also, identity politics helps her with many progressives. 

Her endorsements include US Rep. Melanie Stansbury, Bernalillo County  Sheriff John Allen, state Senators Antoinette Sedillo Lopez, Harold Pope and Michael Padilla; BernCo Commissioner Adriann Barboa and labor unions AFSCME and the Building Trades which have have donated to a PAC to buttress Rogers' candidacy. 

All of this has had political prognosticators predicting another victory for Rogers who beat Hoen 40 to 32 in the first round of voting in November with the remainder going to other candidates. 

PAC Mailer

In fact, veteran Dem consultant Neri Holguin predicted a Rogers win on the Nov. 27 blog, saying Hoehn's candidacy receiving support from a GOP-oriented PAC banked by real estate interests is a bridge too far for the liberal district. 

Holugin, who worked for Rogers' campaign briefly in the early going but who is now helping a pro-Rogers PAC, perturbed Hoehn with the prediction of his defeat and he sends this rebuttal: 

Of course, Neri Holguin is predicting that Nichole Rogers will beat me. Nichole is her candidate. . .Yet Holguin’s opinions are presented in the post as if she is simply a wise and neutral political professional. . . Neri Holguin was instrumental in getting the mayor elected. . .(She). . .called me in April to convey the mayor’s message that I should not run for City Council. 

The post states, Neri Holguin “briefly consulted the Rogers campaign at the start of the regular election [but] she is not involved in the run-off.” In fact she is involved in the runoff, albeit now on behalf of a PAC. Neri Holguin is openly raising money for the Real New Mexican Leadership PAC, one of five PACs helping Nichole. . .Neri Holguin is working hard . . .to smooth the way for the rest of his second term and, they hope, his third term.

Nichole Rogers has repeatedly touted the fact that she is publicly financed, and yet she is willing to accept PAC money. . .I am supported by a single PAC, HELP NM. This PAC has chosen to support me, having assessed Nichole Rogers as being hostile to commercial and real estate development. I do see a role for real estate development in District 6, particularly in the economically distressed areas east of San Mateo. I also see a role for development in addressing our city’s affordable housing crisis. . . I will not be ‘in the pocket’ of developers, Republicans, the mayor or anyone else. . 

We strolled over to ABQ's Old Town Friday night to enjoy the annual lighting of the Christmas tree, joining several thousand revelers cheering on the event that is a centerpiece of the city's holiday celebration. Enjoyment of the display is a given but still our thoughts strayed to how these communal gatherings have grown more complicated.

Any large public gathering in this era is much more of a challenge for law enforcement and policy makers who grapple with an explosion in the availability of guns which are now in the hands of just about anyone who wants one. That was witnessed only last week at Coronado Mall where a teenager squabble resulted in gunfire, sending Black Friday shoppers fleeing in panic. 

It's odd to have to say but we were thankful the tree lighting went off without incident.

Those seeking the favor of voters--especially Democrats--are still looking for a balance in protecting constitutional rights while improving safety in the public square. As he seeks a third term in '24 Sen. Martin Heinrich, a hunter and gun owner of long-standing, has again waded into the debate over gun legislation that, like most efforts at compromise, will probably satisfy few and has already brought to the fore familiar fault lines over gun control. Heinrich and his moderate senate colleague Angus King came with this:

The bill would regulate rifles and shotguns that can fire more than 10 rounds before reloading and handguns that fire more than 15 rounds. It would also prohibit machine gun conversion devices and other modifications that make the guns more deadly. The bill specifically exempts several types of firearms from any regulation, including breach-loading and smooth-bore rifles or handguns. A .22-caliber rifle or a bolt-action rifle would also be exempt, for example.

That's a fine balancing act Heinrich is engaged in similar to the tricky debate over abortion with its arguments over when to ban the procedure. After 6 weeks of pregnancy? 15? 24? No ban? 

GOP LIONS

Rep. Lord

When it came to the Republicans the Heinrich-King bill was like throwing prime rib to a den of lions. In this case the lions were state Rep. Stefani Lord and GOP Chairman Steve Pearce who earned widespread coverage for making their cases against the legislation. 

Usually they and their brethren are isolated from the New Mexico mainstream by the far right web that has ensnared their party and led to repeated electoral disasters  But on guns their message resonates not only in rural parts of the state but also in the ABQ metro where the fears of ordinary citizens are heightened more than ever by ongoing homicides and public shoot outs. Across the nation such crime waves have helped set a record for gun ownership. 

Heinrich can handle the heat. He is on course for an easy re-election. Gov. Lujan Grisham, as uncompromising in her support of gun control as the Republicans are in their opposition, can't seek a third term. Her executive order temporarily banning both open and concealed weapons in Bernalillo County and that fell apart under legal security still survives albeit in a much curtailed manner. She has been renewing it monthly.  

Her stance on guns may become the defining moment of her second term much as one term Gov. Toney Anaya's decision to pardon death row inmates was his. Or Bill Richardson's repeal of the death penalty was one of his.

Both Heinrich and MLG are positioned if public opinion drifts more towards regulation but when that will come--if ever--is the great unknown. Meanwhile, that simple ceremony Friday lighting the city Christmas tree seems complex.

NOT A CALL

Cliff Rees

Retired public health attorney and legislative expert Cliff Rees in Santa Fe has his annual correction of a commonly used term during 30 day legislative sessions like the one coming up in January:

Joe: Per GOP political consultant Bob Cornelius' references to the Governor's "call" in the November 29, blog regarding his proposed legislation to reform CYFD in the upcoming 2024 Short NM Legislative Session.

It's time for the annual reminder that the Governor's "Call" only applies to Special Sessions of the NM Legislature when the Governor "calls" the Legislature into Special Session per a Proclamation which lists the items (and only those items) the Governor wants to address in the Special Session. 

The non-appropriation and non-revenue bills given a "Special Message" by the Governor to be germane in a Short Session are part of the Governor's "Agenda". Our current system of alternating 60 and 30 day Legislative Sessions was approved by the voters in the November, 1964 General Election which amended Article IV, Section 5 of the NM Constitution. 

Extending the 30 day Sessions, and making all bills "germane", is part of the Legislative modernization process which may see proposed constitutional amendments introduced after the Legislative Session convenes on January 16, 2024. 

Thanks, Cliff. Should we copy and paste this for the December 2024 blog? 

ABQ VS. SANTA FE

Sanjay Bhakta

No gloating from ABQ City Hall please, but the latest report on the city's finances stands in stark contrast to the continued inability of the city of Santa Fe to conduct its yearly audits on schedule. In fact, they have missed yet another deadline and the failure has put serious heat on City Manager John Blair with some councilors calling for his head and Mayor Weber trying to hold off the mob. But back here in ABQ. . .

Albuquerque’s Department of Finance and Administrative Services (DFAS) has been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its annual comprehensive financial report for fiscal year 2022. The City received the Certificate of Achievement every year since 2013.

The City’s report was recognized for meeting the high standards of GFOA, including demonstrating a "spirit of full disclosure" to accurately illustrate its financial story and encourage individuals and groups to read the report. "Finance and Administrative Services continues to set the bar high, and GFOA has recognized the City with this distinguished award once again,” said Chief Financial Officer Sanjay Bhakta. 

Albuquerque has a triple AAA rating from Standard & Poor’s (S&P)—the highest rating assigned by S&P Global Ratings which means the city is very healthy financially. CFO Bhakta will retire from the city at the end of the year. (Hey, Mayor Alan. You want his phone number?)

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