“Even in cases where a person has not been convicted, or even accused of a crime, the police can seize personal property and keep it for their own gain,” said Paul Gessing, President of the Rio Grande Foundation. “This practice should outrage any American who values the property rights guaranteed to them by the Fifth Amendment of the Constitution.”
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.
STATEMENTS OF SUPPORT:
The bill to end civil asset forfeiture in New Mexico is supported by an ideologically diverse range of organizations including the Rio Grande Foundation, the Institute for Justice, the American Civil Liberties Union (ACLU) of New Mexico, and the New Mexico Drug Policy Alliance.
No one acquitted of a crime in criminal court should lose property through forfeiture in civil court. This legislation ensures New Mexico remains tough on crime. Guilty people will lose the fruits of their crime. Equally important, innocent people will keep the fruits of their labor.
- Lee U. McGrath, Legislative Counsel, Institute for Justice
Policing for profit is very much alive and well in New Mexico. In 2011, the ACLU of New Mexico took legal action after police seized thousands of dollars from a vacationing father and son, even though they were never even accused of a crime. Innocent people in New Mexico should never fear that law enforcement officers will strip them of their property without due process.
- Peter Simonson, Executive Director, American Civil Liberties Union of New Mexico
For decades civil asset forfeiture practices have robbed innocent people, taking money right out of their wallets—or even taking their home and their car—without even charging them with a crime. 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.
- Emily Kaltenbach, State Director, Drug Policy Alliance
MORE ABOUT PROFILING FOR PROFIT IN NEW MEXICO:
Profiling for Profit? Cops Take $17K From Father, Son (ABQ Journal)
In depth investigation into civil asset forfeiture (Washington Post)
"Liberty on the Rocks" is a no-host happy hour discussion and information-sharing session.
Liberty on the Rocks will be held at Scalo Northern Italian Grill which is located in Nob Hill at 3500 Central Avenue SE in Albuquerque. A private room has been reserved for this event. Liberty on the Rocks will take place on Thursday, April 23rd from 6:00 to 7:30PM.
There is no cost for this public event, but attendees are encouraged to have dinner or drinks. Registration is not required but is much appreciated. Click here to register online ... it's fast and it's free!
There have been so many things going on during the 2015 legislative session, that keeping up has been a real challenge. The interview below was done with Fred Martino of KRWG TV in Las Cruces at the beginning of the legislative session in January. A lot has happened since then, but the discussion remains extremely relevant.
Note: Education tax credit legislation has been introduced this year in the New Mexico House as HB 333 by Rep. James Strickler
Children aren't widgets. Each child learns differently, and one-size-fits-all education cannot work for every pupil.
That's why a growing number of elected officials and school-reform activists support education tax credits. The idea is simple: Shouldn't parents decide which learning environment is best for their kids? And shouldn't the options include public, private, or religious schools?
Offering scholarships to low-income children is smart policy for two reasons: boosted academic achievement and tax relief. Here's how the system would operate: Individuals and corporations would receive tax breaks to fund scholarships to low-income students through qualified nonprofit organizations. Previous bills set the credits at up to $500 for individuals — $1,000 for married couples filing jointly — and up to $50,000 for corporations. Participating students need to qualify for the federal school-lunch program. Parents could use the scholarships to enroll their children in a secular or religious school, a charter school, or a Bureau of Indian Education school.
Anti-tax, limited government activist Grover Norquist of Americans for Tax Reform recently visited New Mexico to speak to supporters of the Rio Grande Foundation. His remarks can be seen below:
The local daily morning tv show "Morning Brew" has been revamped with ABQ Biz First's Dan Mayfield as the host. It is a very professional show and Mayfield does a great job keeping the show moving and asking probing questions. I was honored to be on the show on Wednesday, Feb. 4 with a true "all star" cast that included the Lt. Gov. John Sanchez and Bernalillo County Sheriff Manny Gonzales and Undersheriff Rudy Mora. As you can see below, the discussion tackled a wide array of issues.
First, Lt. Gov. John Sanchez and I discuss "right to work" and other economic issues facing New Mexico with host Dan Mayfield
Then, Sanchez and I are joined by Bernalillo County Sheriff Manny Gonzales and Undersheriff Rudy Mora explore the impact of poverty on crime and crime on our State's economic situation and what can be done about it (including education reform and school choice).
A third segment included a discussion of "double dipping" and vocational education:
(Albuquerque, NM) – The Rio Grande Foundation, using data produced by the Beacon Hill Institute at Suffolk University (BHI) has analyzed the Obama Administration Environmental Protection Agency’s proposed “Clean Air Regulations” and found that if consumers are concerned with the electricity rate hikes being proposed by Public Service Company of New Mexico (PNM), they will face an even greater impact under the new federal regulations.
The new report is available here. Among the report’s findings:
• Before factoring in PNM’s proposed 12 percent rate hike, New Mexico’s electricity prices are relatively high compared to other states. In part this is due to aggressive renewable portfolio standards;
• The EPA has introduced three new emission rules that will either force coal-fired generation plants to close or adopt expensive and unproven technologies such as carbon capture and storage;
• These rules will cost the New Mexico economy $185 million between implementation and 2030, according to data provided by the Beacon Hill Institute at Suffolk University;
• The rules’ effects on reducing the supply of inexpensive electricity production will increase electricity prices by 18%, cost 5,170 jobs, and reduce real disposable income by $578 million, according to the report.
According to Rio Grande Foundation president Paul Gessing, all of this economic harm amounts to “all pain and no gain” since EPA administrator Gina McCarthy, in September 2013 testimony before a House committee, conceded that the agency’s climate-change regulatory regime would not affect the climate because the preponderance of current and future greenhouse-gas emissions originate in Asia.
“Of course,” argued Gessing, “The pain of dramatically-increased electricity costs will further hinder New Mexico’s already anemic economy while having real-world impacts on the thousands of hard-working taxpayers who are destined to lose their jobs under this misguided proposal.”
With PNM already looking for a 12 percent rate hike and many of New Mexico’s utilities looking to increase their “renewable” portfolios from 15 to 20 percent by 2020 to comply with New Mexico’s “renewable portfolio standard,” the price of electricity in the Land of Enchantment has already risen dramatically in recent years (as seen in the chart below) and is likely to rise dramatically in the years ahead.
Check out this new video outlining the serious issues facing the Obama Administration's plan:
Today in the House Business and Employment Committee, HB 75 which would make New Mexico the 25th state in the nation to adopt "right to work" legislation, passed with bi-partisan support. Rio Grande Foundation president Paul Gessing provided expert testimony which can be seen below. Next up is House Judiciary Committee:
Thank you for the opportunity to testify on the issue of whether to make New Mexico a “right to work” state. I believe that this is the most important single issue being addressed during the 2015 legislative session and I am pleased to be here.
Before I get started telling you what “right to work” is, I’d like to share with you what it is not.
“Right to Work” is not anti-union. Such laws simply restore individual choice over whether to join or not join a labor union. Moreover, federal law does not obligate unions to represent non-members. The National Labor Relations Act allows unions to sign “members’ only” contracts that apply only to dues-paying members. In 1938, the Supreme Court expressly upheld union’s ability to negotiate only on behalf of members. As William Gould, chairman of the NLRB under President Clinton, wrote, “the law now permits members-only bargaining for employees” — unions can exclude non-members from their contracts.
The second thing that “right to work” is not is that it is not an economic panacea. Supporters of the law hope that by adopting such a law New Mexico will be more economically-competitive. There is ample data to show that businesses, especially those providing high-paying jobs for skilled workers, tend to locate new facilities in “right to work” states far more often than they do in non-RTW states.