Which Party Has Ruled the Legislature 1912-2013

Here's a handy little document I just noticed on the Legislature's website. It tells you, year by year since statehood, which party has ruled the state House of Representatives and state Senate.

It's a pretty good history lesson. Here's some factoids that stand out.

* The Democrats have controlled the state House since 1929, except the 1953-54 session.

* There were two years in the '80s when Republicans actually had a 22-20 majority in the Senate.
Otherwise, Democrats have controlled the Senate every year since 1933.

* Republicans controlled the Senate every year from 1912 (the first year of statehood) until 1933.

* The GOP controlled the House every year from 1912 through 1923. Power see-sawed between the parties during the Roaring '20s..

* With the exception of Independent Andy Nunez in 2011, there have not been members of any party except Democrats and Republicans since 1916. According to Tracey Kimball of the Legislative Council Service, there were five New Mexico lawmakers who were "progressive Republicans," aka Bull Moose Party members between 1912 and 1916. And there was one real live socialist elected to the House during the early years. W. C. Tharp House served in the 1915 and 1916. He represented a district in Curry County, which, at least in recent years, is not considered a hotbed of socialism.

Have a look at the chart: (Enlarge for the sake of your eyeballs)

Political Control of NM Legislature 

Correction 4:56 p.m.: Andy Nunez is an independent, not "interdependent" as I had in the first version of this. That's been corrected in the text. (Thanks, Tom.)

UPDATE: 6:25 pm As promised, I updated info on third-party members in the Legislature and also corrected hte text to reflect the fact that Republicans actually controlled the House in 1953. (Thanks Fred)

ROUNDHOUSE ROUNDUP: Robots Gain and Santa Fe Lose Clout in Roundhouse

A version of this was published in The Santa Fe New Mexican 
Jan.13, 2013

Why does Rep. Jim Smith want to unleash
this on innocent New Mexicans?

Looking at the 100-plus bills that have been pre-filed this session, you see some good ideas, you see some bad ideas, you see familiar ideas that seem to come back every year, and you see a lot of boring, technical bills.

But definitely the coolest bill introduced so far is House Bill 25, which has the intriguing title “ENMU Robot Workshops.”

This legislation would appropriate $300,000 to Eastern New Mexico University for the purpose of managing and conducting statewide robot workshops “and subsequent international robot competition.”

The bill is sponsored by Rep. Jim Smith, R-Sandia Park. No, Smith is not a mad scientist. Just a good-natured high school science teacher looking to get kids interested in science in general and an emerging technology in particular.

Smith's bill will need
some safeguards

Maybe the Legislature could amend it so the international competition could include killer robot death matches. That could become a high-tech substitute for cockfighting.

(Hey, I just realize that I wrote about the danger of a robot uprising in New Mexico this very column back in 2006. You can find that HERE. Somebody book me on Alex Jones!)

Is Santa Fe losing clout in the Legislature? Sometimes the Legislature seems like a big game of Rock ’em Sock ’em Robots. And with the death of longtime House Speaker Ben Luján of Nambé, you have to wonder whether Santa Fe has lost some of its punch at the Roundhouse.

Luján almost certainly will be replaced as speaker by Kenny Martinez. There’s no evidence that Martinez is hostile toward the area. But he’s from Grants, so it just won’t be the same as having Daddy Ben looking out for us.

None of the other House leaders are from these parts either. Both Rick Miera, elected by the Democrats last month to replace Martinez as majority leader and Antonio “Moe” Maestas, the new Democratic whip, are from Albuquerque.

In the Senate, Santa Fe hasn’t had anyone in a leadership position since the days of Eddie Lopez back in the ’90s. Lopez was majority leader when he died in 1996.

Sen. Pete Campos of Las Vegas was chosen by the Senate’s Democratic Caucus to replace Tim Jennings as Senate president pro-tem. However, he’s being challenged by Mary Kay Papen of Las Cruces, who has told me and several other reporters that she’s got enough votes from conservative Democrats to build a coalition with Republicans to take that post. We should know that outcome of that by Tuesday afternoon.

None of the other Senate leaders — Majority Leader Michael Sanchez of Belen and Majority Whip Tim Keller of Albuquerque — call Santa Fe home.

(Yes, I’m ignoring the Republicans here because all of Santa Fe’s delegation are Democrats.)

But this isn’t to say that Santa Fe is completely lost in the Legislature. Several of our locals are in powerful positions when it comes to committees.

Unless the new speaker has some radical ideas about cleaning house in the House, Rep. Luciano “Lucky” Varela of Santa Fe will remain as co-chairman of the Legislative Finance Committee and deputy chairman of the House Appropriations Committee. Rep. Jim Trujillo of Santa Fe, as vice chairman of the House Taxation and Revenue Committee, has been the major dude when it comes to capital outlay. And Rep. Brian Egolf, for the past two sessions, has served as chairman of the Energy and Natural Resources Committee.

In the Senate, the only Santa Fe area committee chairman is Sen. Phil Griego of San José. He bangs the gavel at the Senate Corporations and Transportation Committee. But Santa Fe’s other two senators have decent committee assignments. Sen. Peter Wirth is vice chairman of the Senate Judiciary Committee, while Sen. Nancy Rodriquez is a member of the Senate Finance Committee.

Of course Senate committee chairmanships and committee assignments also could change. That will be up to the weirdly named Committees Committee (I’m not kidding), which will be appointed by and presided over by then new president pro-tem. Stay tuned.

ROUNDHOUSE ROUNDUP: First Shot Fired in Driver's License Battle

A version of this was published in The Santa Fe New Mexican
January 6, 2013

Once again, it appears that the state Legislature will take up the issue of immigrants here illegally being able to obtain driver's licenses legally in the state.

For good or for ill, that's the major issue with which Republican Gov. Susana Martinez has become associated. However, the first shot fired in what's become an annual battle has been fired by Democrats.

Sen. Campos

Sen. Pete Campos, D-Las Vegas, whom Senate Democrats have nominated to become the next Senate president pro-tem, last week sent reporters an opinion piece in which he endorsed establishing a new level of driver's licenses. The new license would meet the requirements of the federal Real ID Act, requiring documentation proving the licensee is a citizen of these United States.

"New Mexicans who want to use their driver's license rather than a passport card or other federally approved identification to board an airplane could apply for the Real ID-compliant license by providing the various proof-of-citizenship documentation required by the federal government ..." Campos said in his article.

He said that the fee for the Real ID might be higher than the regular old license, but would be cheaper than the $55 fee for a passport card, which is valid for 10 years.

"New Mexicans who don't need or want the Real ID-compliant license, or are not eligible for it because they are not here legally, could stick with the standard, less expensive license, " Campos said.

Tax and Revenue Secretary Demesia Padilla, who oversees the Motor Vehicles Division, said the administration won't be backing such a bill. "The reality is that it doesn't address the public-safety problems I've talked about, " she said.

Martinez raised the issue of Real ID a few months ago in a letter to Homeland Security Secretary Janet Napolitano. At that point, the deadline for states to comply with the act was Jan. 13. But the agency eventually announced that the deadline for states to comply with the act would be pushed back again.

So far, only 13 states have complied with the act. Meanwhile, 17 states have gone the other way, adopting laws prohibiting complying with the Real ID Act.

A star in Iowa: Campos pointed out that other states have or are considering a two-tiered license system. The day after Campos sent his op-ed, The Des Moines Register reported that the state of Iowa would soon be giving residents who are renewing their licenses a choice: "Submit additional documentation as necessary to obtain a Real ID or continue to use a standard-issued license or ID card ..."

One big difference though: first-time applicants for driver's licenses or state identification cards in Iowa will have to submit all the documentation required for Real ID.

The two types of cards in Iowa will look pretty much like the current driver's license there. "The only difference will be a star verification mark appearing in the upper-right corner of the card." That will tell federal officials that the person's identity has been verified according to the act's standards.

"Issuing more than one type of license ensures that all drivers, whether they are in the country legally or not, have passed a driving test, have good driving records and are properly insured, " Campos wrote.

Could this pass in New Mexico? Campos gave his piece the subject line "Compromise Is Possible on Driver's License Issue." He could be right.

During the past two sessions, the House passed the bill to repeal the 2003 driver's license bill. The Senate responded by passing bills to still allow driver's licenses for undocumented residents but added more restrictions. Martinez staunchly opposed the Senate version. And at the time, there wasn't enough support in the House to go along with the Senate changes.

It's not hard to imagine the Senate going for a bill such as the one Campos suggests. The House might be more iffy.

But it would be interesting to see whether Martinez would actually veto a measure that would get the state in compliance with the federal law.

The 1st Gun-Control Bill of the Upcoming Legislature.

As many have predicted, gun control will be an issue discussed in the upcoming legislative session.

Rep. Miguel Garcia, D-Albuquerque, announced Friday that he will introduce a bill that would require background checks on anyone purchasing guns at gun shows or in private transactions.

Garcia said his bill is meant to stop convicted felons and the mentally incompetent from purchasing guns. Current law requires background checks for people trying to buy guns from licensed dealers. But there is no such requirement for those buying guns from others selling guns.

“Our Wild West days are over,” the Democrat told reporters at a Capitol news conference. “Our no-questions-asked days are over.”

Garcia said his bill “will help curb the flow of readily available guns and assault weapons to individuals most capable of inflicting needless injury and fatality to our unexpecting, innocent and law-abiding residents in New Mexico.”

Since last month’s shooting rampage in Newtown, Conn., in which a man with mental health issues gunned down 20 children and six adults in an elementary school, there has been an emotional national debate over gun control. Much of the discussion has been over how to keep guns out of the hands of the unstable.

Garcia conceded that he will have a tough time passing the Legislature and getting it signed by Republican Gov. Susana Martinez.

A spokesman for Martinez said the governor hasn’t seen Garcia’s bill. “It’s something that we’ll obviously look at. We understand that part of Rep. Garcia’s bill addresses keeping weapons away from people who have been found to be mentally ill." 

Martinez, spokesman Enrique Knell said, plans to introduce legislation "to make sure the state is properly reporting information to the FBI about individuals found to be mentally ill by a court.”

Steve Aikens, a Clovis firearms instructor who frequently testifies before the Legislature on gun issues, said he would oppose a bill like Garcia’s, saying it would infringe upon people’s rights to handle their property and guns.

“That’s outside of our constitution,” Aikens said. “Bills like that are well-intentioned but not well thought out.”

Garcia said his bill wouldn’t apply to parents buying guns for their children. The bill would give immunity from liability to gun sellers “who followed the rules.”

The Department of Public Safety would be responsible for conducting the background checks. The fee would be $35 for sales at a gun show and $25 for other private transactions. Failure to conduct background checks would be a misdemeanor, punishable by up to a year in jail and a $1,000 fine.

Garcia said he hadn’t yet calculated the cost of the proposed law.

In recent years, the Legislature has been more inclined to expand gun rights rather than restrict them.

A decade ago, lawmakers passed a law allowing people to have concealed-carry licenses and have since amended that law to allow license holders to carry guns into restaurants with beer-and-wine licenses.

More in tomorrow's New Mexican.

The draft of the bill is below

Gun Show Bill Draft

FOG Publishes Position on Government Using Private Email

The New Mexico Foundation for Open Government today published its official position on government officials conducting business on private email accounts.

The issue came up last summer after members of the governor's staff were caught communicating about official business on private accounts. Within a few days Gov. Susana Martinez ordered executive branch employees under her control to conduct all business on state-issued email accounts.

Martinez's supporters quickly pointed out that other officials including many legislators and the attorney general also had used private accounts to conduct business.

Here's what FOG has to say.

• If a document sitting in a public official’s desktop computer at work qualifies as a public record under the definition in IPRA, then it’s still a public record when it’s stored on that official’s personal laptop at home. Similarly, a document relating to public business that is sent or received by email is subject to inspection under IPRA no matter what kind of account—official or private—is used. 
• This applies to everyone who creates public records in the course of doing public business, including public employees, volunteer members of boards and commissions, and elected officials of representative bodies such as state legislators, city councilors and school board members.
• Just as records custodians are responsible for documents that may not be in the right filing cabinet, they are also responsible for public records held in private email accounts belonging to members of that body.

Because storing public records in private email accounts can make it difficult for records custodians to access those records, and because records custodians’ conscientious efforts to retrieve public records from such accounts will inevitably impinge on public officials’ legitimate privacy interests, FOG strongly recommends that all emails related to public business are sent using official accounts.

Pearce Votes Against Boehner

Embattled U.S. House Speaker John Boehner won re-election as speaker today on the first day of the new session of Congress. However he didn't get unanimous support from House Republicans.

Nine House Republicans voted for other candidates. New Mexico's Steve Pearce was one of those. He voted for House Majority Leader Eric Cantor.

Asked why Pearce voted that way, his spokesman Eric Layer replied in an email:

“Congressman Pearce is looking for a new direction for the Republican-led House, and a new voice in future negotiations. He was unable to support the tax plan brought before the House on Tuesday, believing that it sent the wrong message that raising taxes is the solution when it is clear we have a spending problem not a tax problem. Instead of the same old Washington politics, Congressman Pearce believes it is time for both parties to step forward and boldly solve the country’s problems.”

The Fix, the Washington Post's political blog summed up the reasons for Pearce's vote in two words: "Very Conservative."

R.I.P. Jacobo Martinez, Father of Governor

Gov. Susana Martinez's father, Jacobo "Jake" Martinez, died Monday at the age of  80.  He had suffered Alzheimer’s for years.

Jake Martinez, a Korean war veteran, was known in the 1950s as a Golden Gloves boxing champion. He served as a deputy sheriff in El Paso County, Texas, and started his own security company, where Susana Martinez worked as a young woman.

State chairmen of both major political parties offered sympathies to the governor's family on Sunday night.

“The (New Mexico Republican Party) staff, officers, and I offer our deepest sympathies and condolences to Governor Martinez and her family," said GOP Chairman John Billingsly in a statement. "We will continue to keep them in our prayers during this difficult time, and we appreciate Jacobo Martinez's service to our nation and to his community."

"I was deeply saddened today to hear about Susana Martinez’s loss," Democratic Chairman Javier Gonzales said in a statement. "Although we’ve had our disagreements on many things, we are all part of the same New Mexican family, and the governor and her family are in our prayers tonight."

The Governor’s office told the Associated Press that her father will be buried at Ft. Bliss in Texas. In lieu of flowers, Gov. Martinez suggests people make memorial contributions to the Alzheimer’s Association.