Recent Paul Gessing interview: the impact of low oil and gas prices on New Mexico

Natural gas prices have been down for some time but oil has rebounded somewhat in recent weeks. Here's a recent interview I did on the issue and how the prices of these important commodities impact New Mexico.

New Mexico Senate leader Sanchez happy with status quo

There is a battle under way in New Mexico over whether to be happy with the status quo or to enact free market reforms that will improve our state. Based on his efforts this session and his recent attack on me and my organization, it is clear that Sen. Michael Sanchez is in the former camp and I and my organization are in the other.

Sanchez seems to believe that he and his liberal allies will regain total control of New Mexico’s political system again soon and that this recent spate of political competitiveness is temporary. Unfortunately for Sanchez, increasing numbers of New Mexicans see that surrounding states with free market policies in place are generating jobs and prosperity for their citizens. They wonder why we can’t have the same here.

Young people wonder why they have to leave New Mexico to find a decent job. Parents wonder why they are forced to spend $11,000 per pupil annually (more than the US average according to the NEA) while their children attend schools that dramatically underperform those in other states.

New Mexico’s civil asset forfeiture success

Watchdog.org

By Paul J. Gessing | Watchdog Opinion

They say it’s better to be lucky than good. Of course, it’s even better to be lucky and good! That is exactly what happened in New Mexico during the 2015 legislative session with regard to reforming the process of civil asset forfeiture.

To recap, during the 2015 legislative session, New Mexico’s deeply-divided Legislature unanimously supported significant reforms to the state’s civil asset forfeiture laws. That bill was signed by Gov. Susana Martinez, a former prosecutor. The new law now represents the “gold standard” in terms of state efforts to rein in the much-abused process of civil asset forfeiture. It does so in the following ways:

  • A criminal conviction is required before property can be forfeited;
  • Provides additional due process protections to property owners, such as codifying an “innocent owner” presumption;
  • Places forfeiture proceeds in the general fund (as opposed to local law enforcement budgets);
  • Requires additional reporting and transparency to allow better oversight of forfeiture process;

So, what conditions made New Mexico, a state not typically known for policy innovation, the model for civil asset forfeiture reform?

Why infrastructure borrowing won't fix a weak economy

In New Mexico, old economic-development habits are hard to break.

The pressure for a special legislative session to pass a capital-outlay bill exemplifies the political establishment’s inability to understand the policies that foster a dynamic and diversified economy. Republicans and Democrats, architects and artists, businesses and unions are complaining the 2015 regular session failed to appropriate hundreds of millions of dollars for what Sen. Michael Sanchez, D-Belen, called “critical community infrastructure.”

Construction/maintenance of roads, highways, libraries, airports, hospitals, museums and schools is reflexively viewed as an unalloyed good. But it’s important to remember that capital expenditures are funded not by a magical money tree, but income redistribution. Whether the infrastructure projects are paid for by the statewide property tax (general-obligation bonds), levies on natural resources (severance-tax bonds), the gas tax (transportation bonds), or general-fund revenue, there is no free lunch.

How did Transparency Fare in the 2015 New Mexico Legislature: column for NM InDepth

How did transparency and open government fare during New Mexico’s 2015 legislative session? Prior to the 2015 session, I urged legislators to consider a variety of reforms. Some of my ideas were discussed and acted upon while others were ignored completely. Change comes slowly in politics and that is doubly true in Santa Fe.

Prior to the session, I argued for a formal institutional process of recording and archiving committee hearings. Gov. Martinez’s office has handled this task with legislators taking varying degrees of umbrage at the Executive Branch’s seeming intrusion on Legislative priorities. Unfortunately, the very fact that the Governor’s office has handled this task became the latest excuse for some legislators to avoid taking it on themselves.

We hope that as Gov. Martinez moves into the latter part of her 2nd term in office (without guarantees that future governors will wish to record and archive committee hearings), that the Legislature will take action to formalize its recording and archiving procedures.

Education union takes wrong side repeatedly


Once again, the National Education Association (NEA) has proven itself to be simply another left-wing special interest group that cares more about obtaining and spending taxpayer money than enacting policies that benefit New Mexico’s children. This is the clear message of the recent article by their president, Betty Patterson.

She spends her first few paragraphs decrying efforts to make New Mexico a “right to work” state. Interestingly, in New Mexico, teachers already have the option to join or pay dues to a union. In other words, teachers in New Mexico government schools currently live under a reasonable approximation of “right to work.” The NEA did actively fight “right to work” but that’s simply because the organization supports all manner of liberal causes regardless of their impact on students.

Footage of NM Civil Asset Forfeiture Reform Press Conference

Recently, Gov. Martinez signed the nation's strongest protections for civil asset forfeiture. The Rio Grande Foundation, ACLU of New Mexico, and Drug Policy Alliance held a press conference on the issue. The full conference can be seen below:

KOB Channel 4 did a story here:

KOAT TV also covered the press conference although they focused heavily on the DUI provisions that have been enacted by some cities and which may or may not conflict with the new legislation.

New Mexico Governor Signs Historic Property Rights Protections into Law

FOR IMMEDIATE RELEASE

CONTACTS:

Micah McCoy, (505) 266-5915 x1003 or mmccoy [at] aclu-nm [dot] org
Paul Gessing, (505) 264-6090, pgessing [at] riograndefoundation [dot] org
Emily Kaltenbach, (505) 920-5259 or ekaltenbach [at] drugpolicy [dot] org

SANTA FE, NM—Today, Governor Susana Martinez signed HB 560 into law, ending the practice of civil asset forfeiture in New Mexico. Civil asset forfeiture, also known as “policing for profit,” allows law enforcement officers to seize personal property without ever charging—much less convicting—a person with a crime. Property seized through this process often finds its way into the department’s own coffers. HB 560, introduced by NM Rep. Zachary Cook and passed unanimously in the legislature, replaces civil asset forfeiture with criminal forfeiture, which requires a conviction of a person as a prerequisite to losing property tied to a crime. The new law means that New Mexico now has the strongest protections against wrongful asset seizures in the country.

“This is a good day for the Bill of Rights,” said ACLU-NM Executive Director Peter Simonson. “For years police could seize people’s cash, cars, and houses without even accusing anyone of a crime. Today, we have ended this unfair practice in New Mexico and replaced it with a model that is just and constitutional.”

“With this law, New Mexico leads the nation in protecting the property rights of innocent Americans,” said Paul Gessing, President of the Rio Grande Foundation. “Convicted criminals will still see the fruits of their crime confiscated by the state, but innocent New Mexicans can now rest easy knowing that their property will never be seized by police without proper due process.”

“New Mexico has succeeded today in reigning in one of the worst excesses of the drug war,” said Emily Kaltenbach, State Director for Drug Policy Alliance’s New Mexico office “Like other drug war programs, civil asset forfeiture is disproportionately used against poor people of color who cannot afford to hire lawyers to get their property back. This law is an important step towards repairing some of the damage the drug war has inflicted upon our society and system of justice.”

“New Mexico has shown that ending policing for profit is a true bipartisan issue with broad public support,” said Lee McGrath, Legislative Counsel for the Institute of Justice. “America is ready to end civil asset forfeiture, a practice which is not in line with our values or constitution. This law shows that we can be tough on crime without stripping property away from innocent Americans.”

Bipartisan legislation has already been introduced in both houses of Congress that would dramatically reform federal civil asset forfeiture laws. The Fifth Amendment Integrity Restoration (FAIR) Act has been introduced in the Senate by Sen. Rand Paul (R-KY), Sen. Angus King (I-ME) and Sen. Mike Lee (R-UT). In the House, Rep. Tim Walberg (R-MI), Rep. Scott Garrett (R-NJ), Rep. Tony Cárdenas (D-CA), Rep. Keith Ellison (D-MN) and Rep. Tom McClintock (R-CA) introduced an identical version of the FAIR Act.

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