Obamacare changes could hit home in New Mexico

The U.S. Supreme Court is poised to issue its decision in King v. Burwell in June. The ruling could have tremendous consequences for the health care law commonly known as Obamacare – and more importantly, it could have a huge impact right here in New Mexico.

King v. Burwell was argued before the Supreme Court in March. The case hinges on an interpretation of the Obamacare law. The plaintiffs argued that the text authorizes premium subsidies for people in “exchanges established by [a] State.” A separate section describes the creation of a federal exchange by the Secretary of Health and Human Services for states that do not create their own exchanges.

An IRS rule issued in 2012 allowed premium subsidies to be paid through exchanges established by the secretary. The plaintiffs argue these subsidies are illegal, since there is no congressional authorization for the spending. If the justices concur, states that have not created exchanges under the law could see some dramatic changes.

Rio Grande Foundation Publishes Publicly-Available City Payroll Data Online

(Albuquerque) In an effort to improve government transparency throughout New Mexico, the Rio Grande Foundation has requested and published payroll data for the 32 largest cities throughout New Mexico.

Some cities including Albuquerque and Rio Rancho post payroll information online. However, these were the laudable exceptions as few city websites have a comprehensive listing of payroll data. Find city data here. A few cities demanded nominal payment for the data and one city, Socorro, was unwilling to provide the data at all.

Said Rio Grande Foundation President Paul Gessing of his organization’s role in releasing the data, “The Internet in its current form is now more than 20 years old; it is time for governments at all levels to leverage this inexpensive tool to make data more readily-available to citizens.”

Under New Mexico law, employee salary data is already public information, available on request from the county or city government. Now, thanks to legislation passed during the 2011 legislative session, this and other data must be made available in a format preferred by the requestor.

Responding to the most likely critique of having this information online, Gessing said, “Having salary information online is not a privacy threat. The Rio Grande Foundation has had similar information posted for cities, counties, and institutions of higher education online for years and we have not heard any specific complaints.”

“We at the Rio Grande Foundation believe strongly that transparency and openness are keys to achieving a more limited, fiscally-responsible government. Information on who is hired to do what and how much they are being paid is information that must be available and accessible to the public” said Gessing.


















Las Cruces

Las Vegas

Los Lunas

Los Ranchos de Albuquerque




Rio Rancho



Santa Fe

Silver City

Socorro (refused to comply)


Truth or Consequences



Low teacher pay in New Mexico and the growing K-12 bureaucracy

A recent report by New Mexico's Legislative Finance Committee has found that teacher pay in our state is too low to keep good teachers. Interestingly, according to the NEA, New Mexico's per-pupil spending on education is about average (25th according to the chart on p.54), but our teacher salaries are ranked 43rd in the nation (page 18).

What gives? For starters, New Mexico is known for having high capital spending when it comes to our public schools (7th-highest in the nation according to the chart on p. 58). Also, as data compiled by the Friedman Foundation and presented below by the Rio Grande Foundation shows, bureaucracy and administrative staffing levels have grown dramatically in recent years:

Sen. John Arthur-Smith does make a good point in the original Albuquerque Journal article about how teacher pensions may be unsustainable (teacher pay is essentially back-loaded to retirement). This means seniority is valued over competence as young people are scared away from a 20+ year commitment in order to get their "return on investment." Perhaps Smith would introduce legislation to transfer teachers (on a voluntary or mandatory basis) from defined benefit pensions to defined contribution 401K-style programs?

As seen in the map below from NCSL, this is an option that is in place in several other states (and is becoming increasingly-popular):

RGF Policy Brief: What King v. Burwell Could Mean for New Mexicans

(Albuquerque, NM) – The health care law known as ObamaCare remains controversial, not just among the population at large, but among legal experts and in the courts. The latest decision relating to the health care law popularly known as “ObamaCare” was heard by the US Supreme Court in March of this year. The decision could impact the flow of hundreds of billions of dollars in Obamacare subsidies as well as taxes and mandates under the law.

A new report from the Rio Grande Foundation, “New Mexico and King v. Burwell What Kind of Exchange Are We? What does that Mean for Citizens and Policymakers” finds that New Mexico’s “hybrid” exchange would likely be impacted by a US Supreme Court finding for the plaintiffs in a decision that is expected to be handed down this summer.

To date, Amy Dowd, the director of the New Mexico Health Insurance Exchange, has claimed that “the case isn’t likely to have a bearing on New Mexico because the court is looking at the federal, as opposed to state, exchanges. But, in discussions with health care experts and research on the law, Paul Gessing, president of the Rio Grande Foundation found information to the contrary.

NM should avoid higher gasoline tax

Some New Mexicans have convinced themselves that the challenges facing the state's highways require a higher gasoline tax. They're wrong, and here's why.

First, the true condition of New Mexico's roads contrasts with the oft-heard claims that they are "crumbling" and "in disrepair." In the Reason Foundation’s latest national analysis, the overall performance and cost-effectiveness of New Mexico’s highways ranked seventh. States graded worse included our neighbors Texas (11th), Arizona (19th), Oklahoma (22nd), Utah (29th), and Colorado (33rd).

New Mexico scored its best marks in maintenance disbursements per mile (1st), capital-bridge disbursements per mile (6th) and rural arterial pavement condition (6th).

Still there's no denying that the revenue needed to build and maintain highways is stagnant. Autos are becoming more efficient, and Millennials do not drive as much as previous generations. Between the 2009 and 2014 fiscal years, New Mexico's road fund rose from $371.1 million to $380.6 million. Adjusted for inflation, the increase became a small decline.

New Mexico's job market is improving, but our work-force participation rates remain depressed

New Mexico's job market is finally showing signs of life in the wake of the "Great Recession" as new federal data presented here by the Rio Grande Foundation show:

Obviously, New Mexico's job situation remains far worse than it is in any of our neighboring states, but at least there is a pulse. Unfortunately, not much was done during the recent legislative session to set the stage for continued job and economic growth, so perhaps it was inevitable that New Mexico would see some job growth after years of the State economy being flat on its back.

As the chart below clearly shows, workforce participation in New Mexico lags the national average badly (by nearly 10 percentage points). And, while the national rate has declined in the wake of the "Great Recession," New Mexico's has quite literally collapsed with only slight improvement having taken place since 2011.

Obviously, there are some systemic issues with New Mexico's economy and the New Mexico Senate in particular blocked any and all significant reforms.

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.

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