The 2019 New Mexico Legislature is diving into the national debate on gun control.

Four House bills and one Senate bill are being considered by the 2019 New Mexico Legislative session that many people characterize as unacceptable gun control legislation in total violation of US Constitution Second Amendment Rights to bear arms while others would characterize as a reasonable restrictions on gun sales.

https://www.abqjournal.com/1272402/background-check-bill-advances-in-house.html

The bills being considered by the New Mexico Legislature would expand the requirements for background checks to nearly every kind of firearms sale in New Mexico.

Among the New Mexico House Bills being debated are as follows:

House Bill 8: Would make it a crime to sell a firearm without conducting a background check. Federally licensed firearms dealers already must conduct background checks.

House Bill 40: Require any vendor at a gun show to conduct a background check before transferring a weapon to someone.

House Bill 83: Would allow family members or police officers to seek a court order to take guns temporarily from someone they believe is an immediate threat.

House Bill 87: Would prohibit someone convicted of battery on a household member, among certain other crimes, from having a firearm. People subject to a restraining order, in some circumstances, would also be banned from having a firearm.

HOUSE BILL 8 OPPOSITION

House Bill 8, which would make it a crime to sell a firearm without conducting a background check, is running into severe opposition from firearms instructors, ranchers and US Constitution Second Amendment protectionists. Elected County Sheriff’s from across New Mexico organized and turned out in force wearing their side arms to argue that House Bill 8 would be impossible for them to enforce. The Sheriff’s argued against the measure before the House Consumer and Public Affairs Committee saying that it would do nothing to keep criminals from buying guns. Cibola County Sheriff Tony Mace went so far as saying “This is a ‘feel good’ piece of legislation that provides no means of enforcement or mechanism to verify [if] a background check is conducted”.

House Bill 8 passed with a 3-2 vote along party lines, with Democrats in support and Republicans opposed. The Bill now heads to the House Judiciary Committee for further review and debate before it reaches the House floor for a final vote. Senate Bill 8, another background check bill, has also moved out of the Senate Public Affairs Committee on a 4-3 vote.

WHAT THE FUSS IS ALL ABOUT

The biggest controversy surrounding the “background check” bills is that background checks would be required in the private sale of guns between individuals who know each other or even who don’t but desire to sell and buy a gun after a sale is advertised. There would be a few exceptions such as sales to law enforcement agencies.

Supporters of background checks for gun sales say it would a step toward keeping guns out of the hands of people prohibited from buying them, such as convicted violent felons or the mentally ill.

Opponents argue background checks are way too big of a burden on people who want to follow the law and entirely ignored by criminals or others who know they wouldn’t pass a background check. Opponents also argue that law-abiding gun owners would be penalized on private guns sales because they would have to pay federal gun dealers to handle the background checks adding an unreasonable amount to the gun sale.

The approximate cost of a background check by a licensed federal gun dealer is $45.

NM AND ABQ VIOLENT CRIME STATISTICS REFLECT EPIDEMIC

It has been reported that 400 New Mexicans get killed every year to gun violence. On Monday, September 24, 2018 the FBI released its “Crime in the United States” report providing the statistics on all the crimes reportedly committed in New Mexico and Albuquerque and in 2017.

https://www.abqjournal.com/1224917/fbi-abq-crime-rate-up-in-2017.html

Since 2010, violent felony crime rates and property crime rates have steadily increased in Albuquerque and in New Mexico statewide. According to the FBI report, the increase in crime in both New Mexico and Albuquerque continued in 2017. Statewide, New Mexico violent crime rates rose by 12 percent and property crime rates were up by 0.5 percent in 2017. The FBI reported that New Mexico had 16,359 violent crimes reported and 82,306 property crimes reported in 2017.

All the statistics for New Mexico and Albuquerque are in sharp contrast with national trends that crime is going down in the United States as a whole.According to the FBI report summary, in 2015 and 2016, violent crime had been increasing across the United States but in 2017, violent crime decreased 0.2% with the overall rate falling 0.9% percent.

In the United States as a whole, the property crime rates dropped for the 15th straight year, decreasing by 3% across the country. Nationally, the crime rate is 383 violent offenses per 100,000 residents and 2,362 property crimes per 100,000 residents.

Albuquerque’s violent crime and property crime rates are more than triple the national crime rates.On January 10, 2019, the Albuquerque Journal reported that New Mexico is number one 1 In fatal police shootings reporting:

“For the fourth year in a row, New Mexico placed either first or second in the nation for its rate of deadly shootings by law enforcement officers, according to the Fatal Force database created by The Washington Post.

In 2018, New Mexico ranked first in the nation, finishing the year with 20 fatal shootings by police officers around the state, a rate of 9.59 per 1 million people. Alaska had 7 total fatal police shootings was a close second, with a rate of 9.5 fatal police shootings per 1 million people. Connecticut had the smallest number of fatal police shootings with 0 reported.

In 2017, the state came in as No. 2, behind Alaska, but it was first in the nation in 2016. In 2015 New Mexico was in second place, behind Wyoming.”

https://www.abqjournal.com/1266910/nm-ranks-no-1-for-fatal-police-shootings.html

ABQ’s MURDER RATE

In 2017, the city broke the all-time homicide rate of 70 with 72 murders and in 2018 there were 66 murders. In 2018, nonfatal shootings went up 4% from 470 to 491 shootings. There were 6 more murders in the first quarter of 2018 compared with 2017 which was a 50% increase. Non-fatal shootings for the first quarter of 2018 had a 0% change from 2017, but increased by +5% for the first half of 2018.

A total of 66 homicides occurred in Albuquerque in 2018.In March of 2018, 5 homicides were reported in just six days. In December, 2018, 2 police officer deadly force shootings occurred in less than 24 hours. In 2018, 45 of the killings, or 68% of the homicides, were from gun violence.

The 66 homicides in 2018 were a 12% decrease from 2017’s 75 homicides, but that number is still 8% higher than 2016 where 61 homicides were reported. The 2018 year-end, although down, is still one of the highest in recent history and does not include the seven fatal shootings by police. The 2018 murder figure does not include the nine police officer involved shootings that were determined to be justifiable homicides.

Although Albuquerque recorded its first drop in homicides in 2018, it still followed a dramatic spike in homicides over the previous 3 years.Albuquerque finished 2018 with a homicide rate of 11.82 per 100,000 people. In comparison, Tucson, Arizona with around 20,000 fewer people, tallied 53 homicides in 2018 for a rate of 8.78 per 100,000. El Paso, Texas, with around 130,000 more people, had 17 homicides for a rate of 2.46 per 100,000.

https://www.abqjournal.com/1270978/abq-area-homicides-down-slightly-but-concerns-remain.html

GOVERNOR’S AND ABQ’S RESPONSE TO GUN VIOLENCE

Governor Michelle Lujan Grisham wants to treat gun violence as an epidemic. Governor Lujan Grisham has said she wants the New Mexico Department of Health to study it as a health crisis.
During her campaign for Governor, Lujan Grisham suggested eight items, from supporting and passing legislation to strengthen background checks to requiring registered firearm owners to report lost or stolen guns.

https://www.kob.com/politics-news/governor-elect-has-big-plans-to-help-curb-gun-violence/5145438/

During a December 27, 2018 press conference on crime statistics, APD Chief Michael Geier reported that there was also a flood of guns hitting the street as nearly 1,000 firearms were stolen from homes and vehicles from January to November in 2018. APD is working on a “comprehensive plan” to treat gun violence as a “public health crisis.” Albuquerque Police Chief Michael Geier said that APD plans to target gun violence by adding resources, investing in new technology and working with communities to keep guns out of the hands of criminals.

https://www.abqjournal.com/1261926/apd-release-crime-stats-for-2018.html

UNITED STATES MASS SHOOTINGS

Since 1995, the United States has had 98 mass shootings, including seven of the 11 deadliest. Three of the 11 biggest mass shootings in American history have now taken place in the United States in the last year. There is no doubt we have a deadly mass shooting epidemic on our hands.

The mass shooting with guns in the last 10 years include: Orlando, Florida (49 killed, 50 injured), Blacksburg, Va. (32 killed), San Ysidro, Cal (21 killed), San Bernardino, (14 killed), Edmond Oklahoma (14 killed), Fort Hood (13 killed), Binghamton, NY (13 killed) Washington, DC (12 killed), Aurora, Colorado (12 killed), Sandy Hook Elementary School, Newtown, Conn (21 children and 6 adult staff members killed) and the largest mass shooting in this country’s history that occurred in Las Vegas, Nevada with at least 59 dead and at least 515 wounded and the Parkland/Stoneridge High School shooting that resulted in 17 children’s deaths.

The difference with the Parkland shooting and all the other mass shootings is that it finally ignited a national discussion on gun control with the March for Our Life’s movement, and it was the children of our county that said enough is enough.

SECOND AMENDMENT RIGHT TO BEAR ARMS

The “right to bear arms” is not a right embodied or guaranteed in the original United States Constitution. Second amendment advocates ignore the fact that it just that, an Amendment to our US Constitution that was enacted and can be repealed or substituted by the will of the people. Our founding fathers knew that for a democracy such as ours to survive, it needed a process to allow government to be able to reflect changing times, grant human rights and allow the US Constitution to conform with changing norms and make corrections. Otherwise, we would still have slavery, women would not be able to vote and we would not be able to drink alcohol.

The 13th Amendment to the Constitution declares that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction”, it formally abolishing slavery in the United States, it was passed by the Congress on January 31, 1865, and ratified by the states on December 6, 1865.

Passed by Congress June 4, 1919, and ratified on August 18, 1920, the 19th amendment granted women the right to vote and it guarantees all American women the right to vote.

The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide prohibition on the production and sale of alcohol on January 16, 1919 and the Twenty-first Amendment was ratified by the states on December 5, 1933.

COMMENTARY AND ANALYSIS

It is likely the biggest motivating factors compelling the New Mexico Legislature to enact some form of background checks is the mass shootings that have occurred over the last few years as well as the states high violent crime rates. Historically, New Mexico lawmakers have been very resistant to enacting any type of restrictions on gun ownership.

The resistance to restrictions on gun ownership no doubt can be traced to the “gun culture” history that is a part of a Western state such as New Mexico. The New Mexico Constitution has a specific provision that allows the “open carry” of firearms on your person and includes the vehicle you drive. The New Mexico Constitutional provision allowing the “open carry” of firearms is an affirmance of the Second Amendment to the United’s States constitution and the right to bear arms.

It is very common in rural New Mexico for people to carry firearms or have rifle gun racks in the back window of their truck. Hunting is as much of New Mexico’s Culture as is red or green chile.

With New Mexico and Albuquerque soaring crime rates, the time has come for the New Mexico legislature to take reasonable steps and mandate background checks on all sales of guns but they need to go even further. There are many legislative proposals, albeit too controversial for many who hold office to stomach, that need to be considered on a state level and on the federal level that could be proposed or enacted by our federal and state officials that will have more of an impact.

The New Mexico legislature should consider:

1.Repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby.

2. Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

3. Requiring in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

4. Enact a gun violence restraining order and extreme risk protection process to temporarily prohibit an individual deemed by a judge to pose a danger to self or others, from purchasing or possessing firearms or ammunition and allow law local law enforcement to remove any firearms or ammunition already in the individual’s possession.

5. Restrict and penalize firearm possession by or transfer to a person subject to a domestic violence protection order or a person, including dating partners, convicted of a domestic violence misdemeanor.

6. Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

7. Enact enhanced mandatory sentencing years of 5 to 10 years upon conviction of a crime using a gun without any provision of suspension of the enhance sentence and mandating the sentence to run consecutive to the sentencing in the underlying crime conviction.

When the Second Amendment to the United States Constitution was enacted, the mode of transportation was horseback, flint locks were used to defend and wage war, no one could fly and all of mankind could only look to the stars in wonder and life expectancy was around 50 years old if you survived childbirth and if you were lucky and did not die of disease.

Today, our mode of transportation are cars and jet airplanes, our country defends itself with nuclear warheads and cruise missiles, the United States has gone to the moon and back more than once, and countries are exploring space and medical advances are allowing people to live into their nineties and organ transplants are common place. Sooner rather than later, gunpowder will be replaced by technology and no doubt Second Amendment advocates will want to hold a weapon of mass destruction in their hands like seen in Star Trek or Star Wars.

The millions of people who marched in Washington, DC during the 2018 “March for Our Lives” movement and in cities all over the country are clear proof just how upset voters are with the availability of guns.

On a federal level, the United States Congress needs to consider:

1. Implementation of background checks on the sale of all guns.

2. Close the “Charleston loophole” or “delayed denial” where federally licensed dealers can sell guns if three business days pass without FBI clearance.

3. Call for the update and enhancement of the federal National Instant Criminal Background Check system (NCIS).

4. Institute mandatory extended waiting periods for all gun purchases.

5. Implement mandatory handgun licensing, permitting, training, and registration requirements.

6. Ban “bump-fire stocks” as was used in the Las Vegas mass shooting and other dangerous accessories.

7. Ban future manufacture and sale of all assault weapons and regulate existing assault weapons under the National Firearms Act of 1934, and initiate a federal gun buyback program.

8. Impose limits on high capacity magazines.

9. Prohibit firearm sale or transfer to and receipt or possession by an individual who has: (1) been convicted in any court of a misdemeanor hate crime, or (2) received from any court an enhanced hate crime misdemeanor sentence.

10. Institute mandatory child access prevention safe storage requirements and prohibit the sales of handguns with “hair triggers”.

11. Provide more resources and treatment for people with mental illness.

12. Enhance accountability of federally licensed firearms dealers.

13. Implement micro stamped code on each bullet that links it to a specific gun.

14. Produce ‘x-mart guns’ with Radio Frequency Identification (RFID) or biometric recognition (fingerprint) capability.

15. Limit gun purchases to one gun per month to reduce trafficking and straw purchases.

16. Prohibit open carry of firearms.

17. Digitize Alcohol, Tobacco and Fire (ATF) gun records.

18. Require licensing for ammunition dealer.

19. Call for a constitutional amendment to be enacted by the states to repeal the Second Amendment.

CONCLUSION

With the 2018 elections, it is clear the political landscape has changed in Santa Fe. Democrats returned to the Roundhouse State Capitol this year with increased strength. Democrats have increased their majority number in the state House and hold a majority in the Senate.

Democrats gained control of the Governor’s Office with the election of Governor Michelle Lujan Grisham a longtime gun control advocate in Congress. During her State of the State address, Governor Lujan Grisham called on lawmakers to sign off on gun control measures. The New Mexico legislature needs to step up to plate and take steps to enact responsible gun control legislation, but more is needed to have any affect.

Background checks on all the sales of guns in New Mexico is a good first step.

For further commentary on mass shootings see:

https://www.petedinelli.com/2018/02/15/what-we-hear-is-the-sounds-of-silence/

A comprehensive tax bill has been introduced in the New Mexico House of Representatives to make major changes to New Mexico’s tax code.

The tax code legislation is sponsored by state Representative Jim Trujillo, D-Santa Fe, the NM House Taxation Committee chairman.

https://www.abqjournal.com/1272109/house-bill-would-raise-gasoline-income-taxes.html

HIGHLIGHTS OF TAX BILL

Following are the major highlights to the house bill:

1. The state’s top personal income tax rate would go from 4.9 percent to 6.5 percent. Under this change, new annual income brackets would be created starting with an increase to 5.2 percent for a single filer making $23,500.

2. The state gross receipts tax rate would be reduced from 5.125% to 4.625% , a 0.5% reduction. The gross receipts tax is considered a highly regressive tax an affects lower income people more so than any other group of taxpayers.

3. Not-for-profit hospital services would be taxed at the same rate as for-profit hospital services.

4. The state’s gasoline tax rate would jump from 17 cents a gallon to 27 cents a gallon. The income generated by this tax is used for highway repairs, paving and expansions.

5. The state’s vehicle excise tax would increase from 3% to 4.625%.

6. Online internet sales, such as AMAZON sales, would be taxed immediately by both the state and local governments.

7. The State hold-harmless subsidies for city and county governments would end in the 2022 budget year, a full seven years early. Lawmakers repealed the gross receipts tax on food and medicine in 2004, and the state currently pays a subsidy to city and county governments to offset the lost revenue. State Senator Carlos Cisneros, a Questa Democrat, is anticipated to introduce legislation that would reinstate the gross receipts on food.

HOLD HARMLESS FUNDING EXPLAINED

In 2004, the Legislature decided to remove gross receipts taxes from food and medicine resulting in a reduction in the amount of tax revenue raised.

Cities and counties are given a share of state gross receipts tax revenues so, to “hold harmless” local governments, the Legislature approved payments or subsidies to the counties to make up for the lost revenue to them.

In 2013, a last-minute tax deal between the Democratic Legislature and Republican Gov. Susana Martinez resulted in a plan to eliminate the hold-harmless payments in a phase-out with 6% or 7% cuts annually over 15 years.

To make up for the phase-out, cities and counties were granted authority, on their own and without approval by voters, to increase the gross receipts tax in their jurisdictions by up to three-eighths of 1% which translates to about 38 additional cents on a $100 purchase.

The new taxing authority given to cities and counties can exceed by millions the loss of hold-harmless payments.

https://www.abqjournal.com/554639/holdharmless-replacement-tax-would-mean-revenue-boost.html

INTENT OF 2019 TAX CODE CHANGES

All the proposed changes to the tax code will result in a change to the state’s base gross receipts tax rate and is projected to increase state and local revenue levels by an estimated $333 million by the 2022 budget year.

State Representative Jim Trujillo, D-Santa Fe, the House tax committee’s chairman and the tax code change sponsor, said the changes are intended to generate more revenue for the state so that teacher salary raises and other major priorities requiring a recurring revenue source can be paid for in the future.

A key Legislative committee voted unanimously to approve a proposal that would incrementally increase minimum salaries for public school teachers and principals.

The proposal calls for the starting salary for Level 1 teachers to rise from $36,000 annually to $45,000 by 2022.

It calls for Level 2 teacher increases from $44,000 to $55,000 by 2022. Level 3 teacher pay would go from $54,000 to $65,000 by 2022.

https://www.lcsun-news.com/story/news/local/new-mexico/legislature/2019/01/23/teacher-pay-increase-new-mexico-legislative-panel/2659924002/

GROSS RECEIPTS TAX RATES VARY THROUGHOUT STATE

The state’s base gross receipts tax rate is 5.125%.

Cities and counties are granted taxing authority by the legislature.

Despite the states base rate being 5.125%, there are numerous varying tax rates in cities and counties throughout New Mexico because of gross receipts tax “local add on” such as the “hold harmless” taxation.

Some gross receipts tax rates surpass 8% in some cities, such as Las Cruces (8.3125%), Santa Fe (8.4375%), Clovis (8.1875%), Gallup (8.3125%), Portales (8.1875%).

Albuquerque’s tax rate is 7.850%, Artesia is 7.895%, Hobbs is 6.8125%, Alamogordo’s is 8% and Silver City is 8%

Taos Ski Valley has the highest gross receipts tax rate in the state at 9.25%.

In 2003, Democrat Governor Bill Richardson successfully advocated for the reduction of the state’s top personal income tax rate.

In 2013, Republican Governor Susana Martinez signed off on a tax package that cut the state’s corporate income tax rate.

The 2013 tax package authorized city and county governments to raise their local gross receipts tax rates in exchange for a gradual phaseout of the state subsidy to replace the food tax revenues lost.

Because of previous income and corporate tax deductions, the state has a tax base that has a tremendous reliance on the oil and gas industry.

The New Mexico oil and gas industry is a volatile revenue source for royalties to the state.

During the last 8 years, New Mexico oil and gas industry production faltered leading to significant revenue shortfalls.

The number of existing tax breaks have also made the state more reliant on money from oil and natural gas taxes and royalties.

New Mexico’s revenue increased in 2018 because of the dramatic spike in oil and gas production and as a result this year the New Mexico Legislature has at least $1.1 Billion and as much as $2 Billion in additional revenue.

NEW MEXICO’S 2019-2020 BUDGET PROPOSALS

Governor Michelle Lujan Grisham has submitted a proposed total budget for New Mexico of $7.1 billion.

The $7.1 billion budget increases state spending by $806 million.

You can review the entire 115 page “EXECUTIVE BUDGET RECOMMENDATION Fiscal Year 2020 July 1, 2019 – June 30, 2020” at the below link:

http://www.nmdfa.state.nm.us/uploads/files/SBD/FY%2020/Executive%20Budget%20Recommendation%20FY2020%20FINAL.pdf

The $806 million increase is a 12.7% increase over current levels.

The additional $806 million in new spending comes from the dramatic increase in oil and gas revenues in southern New Mexico and the Permian basin drilling.

Under Governor Michelle Lujan Grisham’s proposed budget state spending will hit an all-time high.

The Lujan-Grisham 2019-2020 proposed budget includes increasing spending levels in the following areas:

Public schools: $3.2 billion, a 18% increase.
Higher education: $830.2 million, a 3.3% increase.
Medicaid: $1.01 billion a 6.7% increase.
Courts, district attorneys and public defenders: $306.3 million, a 3.5% increase.
Prisons: $321.4 million a 5.2 percent increase.
The overall spending increases included in Lujan Grisham’s budget are larger than the cumulative state spending growth during the 8 years that former Governor Susana Martinez was in office.

https://www.abqjournal.com/1266876/lujan-grisham-unveils-7-1-billion-spending-plan.html

The biggest reason for the sharp contrast between the Republican Governor Martinez budgets and the Democrat Governor Lujan-Grisham budget is that New Mexico had two economic downturns during Martinez’s tenure that mandated spending cuts, reduced take-home pay for state employees and budget-balancing maneuvers.

On January 14, 2019, the New Mexico Legislative Finance Committee (LFC) released its own budget plan.

The budget plan would increase year-over-year state spending by $670.8 million, or by 10.6%, as opposed to the Governor’s $806 million, or 12.7% increase or a 2.1% difference between the plans.

The LFC’s budget would earmark more than three-fifths of the additional spending toward public schools statewide.

A budget compromise between the Governor’s proposed budget and the LFC’s the proposed budget will now be negotiated with the Legislature and the Governor’s Office for final enactment by the New Mexico legislature.

For more analysis and commentary, the Governor’s budget and the LFC budget see:

https://www.petedinelli.com/2019/01/14/gov-michelle-lujan-grishams-budget-a-dawn-of-a-new-day/

https://www.petedinelli.com/2019/01/15/governor-mlgs-budget-plan-vs-lfc-budget-plan/

ANALYSIS AND COMMENTARY

Much of the increase in spending under consideration will require recurring revenue sources, especially for public education and teacher salaries, and therefore it is not at all surprising that the New Mexico Legislature is considering tax reform legislation and increasing taxes to some extent.

Both New Mexico Senate and House legislative leadership have said for some time there is a need to overhauling New Mexico’s tax code because of so many different tax rates.

During the last 8 years, former Republican Governor Susana Martinez resisted and opposed any and all tax increases, no matter the need or justification, to avoid any and all tax increases at all costs, the result which is a major decline in the delivery of essential government services.

Instead of supporting tax increases, Governor Susana Martinez was more concerned about following Republican dogma of “no tax increases” and “reducing the size of government” by ordering spending cuts, reduced take-home pay for state employees, budget-balancing maneuvers and a downsizing of state government.

There are some 3,000 positions that are vacant or that have been lost in state government with government employees required to do more work for the same pay to fill the void of lost personnel.

The proposed changes to the tax code without a doubt will be strongly opposed by numerous business organizations, chambers of commerce throughout the state, especially the Greater Albuquerque Chamber of Commerce, airline companies, health insurance providers, car dealers and gas production companies.

The Municipal League no doubt will weigh in and object to a few of the tax code changes.

House Republicans are already severely criticizing the Democrat proposed tax code changes saying “I told you so” and that this would happen with the election of Democrats saying the changes would raise taxes on small businesses and many state residents who cannot afford to pay any more taxes.

With the election of Democrat Governor Michelle Lujan Grisham, it makes it more likely than not that tax code changes will happen in one form or another during this legislative session and if not in the 2020 legislative session.

Governor Michelle Lujan Grisham has indicated she would consider supporting tax overhaul legislation but has said she would closely scrutinize the impact of any such legislation on New Mexico families and local governments.

Lujan Grisham’s own budget plan submitted to the legislature calls for several tax-related changes including tax collection on internet sales, imposing the state gross receipts tax on not-for-profit hospital services and imposing a state tax on electronic cigarettes.

Lujan-Grisham is also proposed reinstating an expired solar tax credit and expanding an existing tax break for working families.

If all the tax code charges suggested by the Governor were enacted, they would represent a net tax increase of $35 million in the coming year.

The biggest problem confronting Democrat Governor Michelle Lujan Grisham and the Democratic Controlled legislature is “overreaching”.

Calling for increasing taxes when the state is experiencing at least a $1.1 billion in additional revenues from the oil and gas production is going to be a very difficult sell.

Tax increases may be necessary because the $1.1 billion surplus is not the guaranteed continuing revenue flow source needed to support our public education system and the massive amount of education funding being called for by both the Governor and the New Mexico Legislature.

On April 1, 2019, the Keller Administration will be submitting its second city budget for review and approval by the City Council after conducting budget hearings.

The Keller Administration is already working on the proposed budget.

According to one official, the work also includes a “wish list” of appropriations.

The 2019-2020 fiscal year begins on July 1, 2019.

By law, the city council must enact a balance budget each year and deficit spending is illegal.

According to a City Hall economic forecast, Albuquerque City Hall could face a $20 million deficit next year.

A city economist anticipates that the causes of the deficit will be higher spending on employee medical benefits, salaries and Police Department staffing and new costs associated with operating projects like the Albuquerque Rapid Transit (ART) project.

https://www.abqjournal.com/1271235/abqs-economic-forecast-projects-20-million-deficit-in-2020.html

The Keller Administration Office of Budget and Management projects $622.7 million in general fund spending for fiscal year 2019 – 2020, up by $31 million from last year, or 5.2% increase in spending.

City hall is claiming there will be at least a $20 million shortfall in 2020 because of the following reasons:

1. $6.3 million is needed in capital implementation projects coming online over the course of the year
2. $1.2 million is needed for streetlight maintenance and signage
3. $1.2 million is needed for the ART bus line, even though the city is waiting for buses
4. $900,000 is needed for new expanded roadways
5. $442,220 is needed for the International District Library
6. $6.9 million is needed for employee medical benefits
7. $4 million is needed to fund a 2% raise for city workers
8. $4.7 million is needed to boost the Albuquerque Police Department’s officer ranks

TOTAL: $24.74 Million

City Chief Financial Officer Sanjay Bhakta said in an Albuquerque Journal interview he was not overly concerned about the projected shortfall partly because the spending built into the forecast is more of what he called a “wish list” than reality.

Bhakta when asked if the administration was considering another gross receipt tax increase this year, his response was: “That’s a big no.”

COMMENTARY AND ANALYSIS

This is the very type of story that weaken Mayor Tim Keller’s and the City Council’s credibility.

This is the very type of story that make voters become hostile towards government officials not making sure government is working within its means.

Budgeting $1.2 million for the ART bus line is laughable at best when by the Administration’s own admission no buses will be delivered for at least over a full 18 months with an empty bus route and unused bus stations.

Saying $4.7 million is needed to boost the Albuquerque Police Department’s officer ranks is just as laughable when the city has funded 1,040 cops but is projected to only employ 980 by July, so where has the unspent money gone for the 60 shortfall of cops not hired?

Asking for $6.3 million in capital implementation projects makes no mention when the projects will actually be completed and online and it is likely most of those projects are at the Rio Grande Zoo where the source of that funding should be the $250 million in revenues generated by the “Bio Park” gross receipts tax enacted by voters in 2015.

Last year at this time, it was reported that the city projected a $40 million shortfall for 2019.

Among the contributing factors last year to the deficit was the Albuquerque Police Department exceeding its overtime budget by $4 million by going from $9 million to $13 million and the excessive judgements paid out in APD deadly use of force cases such as the $5 million settlement paid in the Mary Hawkes case.

The city economist saying that the causes of the $20 million deficit will be higher spending on employee medical benefits, salaries and Police Department staffing and new costs associated with operating projects are the identical causes used last year as the causes of a $40 million deficit to justify raising the gross receipts tax last year.

https://www.petedinelli.com/2018/02/24/city-halls-golden-oldie-of-raising-taxes-broken-record/

In response to the projected deficit, the City Council approved raising the gross receipts tax by three-eighths of a percentage point.

The gross receipts tax increase bolstered the city’s income by an estimated $50.3 million this year and $57.3 million in 2020.

Keller signed the tax increase going against his 2018 campaign promise he made just months earlier to get elected of putting any tax increase on the ballot for voter approval.

Mayor Keller and the City Council need to articulate in clear and in no uncertain terms that there is no need for any further gross receipts tax increases.

Both Mayor Keller and the City Council need to insure that a balance budget will be adopted even if budget cuts have to be implemented and their “wish lists” are set aside.

City budgets need to based on the hard reality of income, not wishful thinking.

On January 10, 2019, the Albuquerque Journal reported that “NM Once Again No. 1 In Fatal Police Shootings”.

Following are excerpts from the lengthy article worth noting:

“For the fourth year in a row, New Mexico placed either first or second in the nation for its rate of deadly shootings by law enforcement officers, according to the Fatal Force database created by The Washington Post.

In 2018, New Mexico ranked first in the nation, finishing the year with 20 fatal shootings by police officers around the state, a rate of 9.59 per 1 million people.

Alaska – with 7 total fatal police shootings – was a close second, with a rate of 9.5 fatal police shootings per 1 million people. Connecticut had the smallest number of fatal police shootings – 0.

Over the past four years – dating back to 2015, when the Post began keeping a database of fatal police shootings – New Mexico has either been first or second in the nation, with a rate between nine and 11 people killed per million.

In 2017, the state came in as No. 2, behind Alaska, but it was first in the nation in 2016. In 2015 New Mexico was in second place, behind Wyoming.

A total of 995 fatal police shootings were reported across the country in 2018, according to The Washington Post. The numbers have changed little over the past four years.
…
Maj. Tim Johnson, head of the New Mexico State Police investigations bureau, said he believes the high rates of crime here have a lot to do with it. For the past several years, New Mexico has experienced increases in violent and property crime, and it was first or second for crime rates in 2016 and 2017.

“The public becomes alarmed, and they have an expectation on their servants – law enforcement – to figure out ways to slow that down,” Johnson said. “As we attempt to slow that down by effecting an arrest or serving a warrant, investigating cases, we are coming into contact with violent people on a more regular basis than we have in the past.”
…
More than half of the police shootings in the state occurred in larger cities last year.
…
The Washington Post began tracking police shootings around the country after the high-profile death of Michael Brown in Ferguson, Mo., in 2014. The team gathers data – including details about each killing – from local news reports, law enforcement agency websites, social media and independent databases and then does additional reporting in many cases.”

You can read the lengthy Albuquerque Journal article here:

https://www.abqjournal.com/1266910/nm-ranks-no-1-for-fatal-police-shootings.html

STATE AND CITY CRIME STATISTICS

On Monday, September 24, 2018 the FBI released its “Crime in the United States” report providing the statistics on all the crimes reportedly committed in Albuquerque and New Mexico in 2017.

https://www.abqjournal.com/1224917/fbi-abq-crime-rate-up-in-2017.html

Since 2010, violent felony crime rates and property crime rates have steadily increased in Albuquerque and in New Mexico.

According to the FBI report, the increase in crime in both New Mexico and Albuquerque continued in 2017.

CRIME RATE STATISTICS FOR 2016 AND 2017

Statewide New Mexico, violent crime rates rose by 12 percent and property crime rates were up by 0.5 percent in 2017.

The FBI reported that New Mexico had 16,359 violent crimes reported and 82,306 property crimes reported in 2017.

All the statistics for New Mexico and Albuquerque are in sharp contrast with national trends that crime is going down in the United States as a whole.

According to the FBI report summary, in 2015 and 2016, violent crime had been increasing across the United States but in 2017, violent crime decreased 0.2% with the overall rate falling 0.9% percent.

In the United States as a whole, the property crime rates dropped for the 15th straight year, decreasing by 3% across the country.

Nationally, the crime rate is 383 violent offenses per 100,000 residents and 2,362 property crimes per 100,000 residents.

Albuquerque’s violent crime and property crime rates are more than triple the national crime rates.

ABQ’S PROPERTY CRIME DOWN, NON-FATAL SHOOTINGS UP

On December 27, 2018, Albuquerque’s crime statistics for the entire year of 2018 were released.

https://www.abqjournal.com/1261926/apd-release-crime-stats-for-2018.html

Albuquerque had its very first decrease in overall crime in 8 years in 2018.

Review of the city’s crime statistics for the entire year of 2018 show the largest decreases in the property crimes of auto burglary (-29%), auto theft (-31%), commercial burglary (-17 percent) and residential burglary (-18%) and robbery fell by 36%.

Despite the decline in property crime rates, non-fatal shootings increased by 5% as follows:

2017: 470 (First 6 months: 60)
2018: 491 (First 6 months: 63)
Change: +4 (First 6 months: +5.0%)

Aggravated assaults under the law are assaults with deadly weapons.

In 2017, there were 4,213 aggravated assaults reported in the city and in 2018, there were 3,885 aggravated assaults representing an 8% decline.

The number of homicides in the city the last 2 years, although down, were still high as follows:

2017: 75 (First 6 months: 33)
2018: 66 (First 6 months:39)
Change: -10% (First 6 months -18.2%)

In March of 2018, 5 homicides were reported in six days.

Although Albuquerque’s 2018 crime statistics show a decline in property crime rates in Albuquerque, a one-year decline does not make a trend.

Jeffrey Butts, the director of the Research and Evaluation Center of John Jay College of Criminal Justice, warns that Albuquerque police and local leaders should be cautious and not take the decreases in crime for granted when he said:

“A one-year trend, it’s not actionable. There’s no policy relevance to that … The numbers, they fluctuate, and the only thing you can do is interpret trends over time. Five years in a row of decreases, or increases, is something to pay attention to [ as evidence crime is going down in a community].”

ABQ’s MURDER RATE

In 2017, the city broke the all-time homicide rate of 70 with 72 murders and this year in 2018 there were 66 murders.

In December, 2018, 2 police officer deadly force shootings occurred in less than 24 hours.

In 2018, nonfatal shootings went up 4% from 470 to 491 shootings.

There were 6 more murders in the first quarter of 2018 compared with 2017 which was a 50% increase.

Non-fatal shootings for the first quarter of 2018 had a 0% change from 2017, but increased by +5% for the first half of 2018.

A total of 66 homicides occurred in Albuquerque in 2018.

In March of 2018, 5 homicides were reported in just six days.

In December, 2018, 2 police officer deadly force shootings occurred in less than 24 hours.

In 2018, 45 of the killings, or 68% of the homicides, were from gun violence.

The 66 homicides in 2018 were a 12% decrease from 2017’s 75 homicides, but that number is still 8% higher than 2016 where 61 homicides were reported.

The 2018 year-end, although down, is still one of the highest in recent history and does not include the seven fatal shootings by police.

The 2018 figure also does it include the nine that were determined to be justifiable homicides, which is nearly doubled from 2017.

Although Albuquerque recorded its first drop in homicides in 2018, it still followed a dramatic spike in homicides over the previous 3 years.

Albuquerque finished 2018 with a homicide rate of 11.82 per 100,000 people.

In comparison, Tucson, Arizona with around 20,000 fewer people, tallied 53 homicides in 2018 for a rate of 8.78 per 100,000.

El Paso, Texas, with around 130,000 more people, had 17 homicides for a rate of 2.46 per 100,000.

https://www.abqjournal.com/1270978/abq-area-homicides-down-slightly-but-concerns-remain.html

CITY BEGINS 2019 EXPERIENCING MAYHEM AND MURDER

The January 17, 2019 front page Albuquerque Journal headline said it all:

“Albuquerque police deal with a day of mayhem”

https://www.abqjournal.com/1269426/albuquerque-police-deal-with-a-day-of-mayhem.html

Since the beginning of the New Year and during the first 16 days of January, 2019 there were 6 persons killed including 3 that involved domestic violence cases.

On January 16, 2019, it was reported that an 11-day old infant was found dead at a detox center, a woman died from domestic violence on the city’s west side and two men were killed, one shot and killed in broad daylight near Old Town.

APD HOMICIDE UNIT HAS HISTORY OF BOTCHED INVESTIGATIONS

According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%, in 2017 the clearance rate was 70% and the clearance rate for 2018 was 56%.

In the past few years, it has been reported that the APD Homicide Unit has botched any number of high-profile murder investigations.

The APD Homicide Unit has compiled a history of not doing complete investigations, misleading the public, feeding confessions to people with low IQs, getting investigations completely wrong and even arresting innocent people.

For more on APD’s high profile murder cases see:

https://www.petedinelli.com/2018/07/02/abq-report-apd-homicide-units-legacy-of-shame/

The most egregious was the murder investigation of 10-year-old Victoria Martens who was murdered, dismembered and whose body was burned in a bathtub.

The initial APD Homicide alleged that it was Jessica Kelley that stabbed 9-year-old Victoria Martens and that Fabian Gonzales strangled her while Michelle Martens, the child’s mother, watched the murder.

It was later revealed that Jessica Kelley did not murder the child.

Michelle Martens falsely admitted to committing the crimes when forensic evidence revealed she and her boyfriend Fabian Gonzales were not even in the apartment at the time of the murder, they did not participate in the murder and that there is an unidentified 4th suspect in the case the committed the murder.

A CAREER PATH TO BECOME HOMICIDE DETECTIVE

During the July 12, 2018 regular meeting of the City’s Police Oversight Board, APD Chief Michael Geier made a presentation regarding the practices and methods used to hire and train APD Homicide Detectives.

Chief Geier made the stunning admission that has been believed to be true for years by outside observers of the Albuquerque Police Department:

“In the past, I regret to say this, but sometimes if you’re friends with someone that’s served in units, you have an inside track.”

https://www.kob.com/albuquerque-news/police-oversight-board-grills-apds-top-brass/4987335/?cat=500

Outsider observers would call the Chief’s comments the admission of a “good ol’ boy” system for transfers and promotions.

To his credit, APD Chief Geier told the Police Oversight Board that he was establishing a career path of training to become a homicide detective.

According to Geier, the ultimate goal is to implement a process for a more formal and structured, definitive career path for APD Detectives.

A career path approach will require officers to take “prerequisites” and training courses before they can even apply to be a detective.

According to APD Chief Geier:

“The idea is not to just take people out of the blue and place them in these assignments, we want to prepare them so they are well trained and not an expedited process, but one that they’ve earned. … We want to build their skill set from the first time they become a detective to when they leave their career and retire. … So hopefully it’s a lifetime path so that they don’t lose that experience and we have a better chance at serving [the] public. … This is the plan for the future. … The goal is that we build a quality career path.”

After more than six months, APD Chief Geier has yet to announce what progress he has made in establishing a career path to become an APD Homicide Detective.

As a result of the increase in homicides and the number of unsolved murder cases pending, the Homicide Unit has been increased from 5 full time detectives to 10 full time detectives.

Confidential sources report that APD is in the final stages of hiring someone in the private sector with past extensive law enforcement experience on a contract to train the homicide unit in an effort to address APD’s low clearance rate.

COMMENTARY AND ANALYSIS

Although it is disturbing that New Mexico is ranked number one nationally again in police officer shootings, it should not come as any surprise given the state and city high crime rates.

Murder rates and violent crime rates should never be confused.

Violent crime rates involve any number of types of violent crimes including armed robbery (residential and commercial), aggravated assaults, aggravated batteries, rape and domestic violence with victims surviving.

Homicides involve just one category: a dead victim.

What also should come as no surprise is that of the 20 police officer involved killings in 2018, 9 people were killed in Albuquerque, 3 people in Las Cruces, and the rest in small towns and cities around the state.

There is far more crime in the larger cities of Albuquerque and Las Cruces than “small town” New Mexico.

The reduction in Albuquerque’s crime rates should have a ripple effect on reducing police officer involved shootings, especially with the Department of Justice reforms placing an emphasis in “de-escalation tactics” and crisis intervention methods, but it is still going to take time.

Notwithstanding the reduction in most categories of crime in 2018 for the first time in 9 years, a one-year decline does not make a trend.

Albuquerque is still way too violent for a city the size of Albuquerque.

Given the violent crime statistics for 2018 and with the way the New Year 2019 has started, it is more likely than not that New Mexico will once again wind up being number one again in fatal police shootings and continued high homicide rates and a low APD clearance rate.

APD finally getting around to hiring and outside expert to teach and train homicide investigation techniques cannot come soon enough, not when the unit has a 56% clearance rate.

Sara Attleson has been an educator in for 42 years and with the Albuquerque Public School System (APS) for 35 years.

Below is a guest column from Sarah Attleson solicited by this blog regarding the February 5, 2019 APS mail ballot initiative for funding for the refurbishment, remodeling and replacement of APS schools:

“Voting is currently underway for the Albuquerque Public Schools Special All-Mail Ballot Election for Mill Levies and Bond.

The Albuquerque Teachers Federation (ATF) has endorsed a YES vote for this election. The union knows that public education is the cornerstone of a democracy and it knows that the working conditions of teachers are their students’ learning conditions.

The Central Labor Council has also passed a motion which supports a YES vote for public education. The Carpenters Union Local 1319 supports the bond election and knows that a YES vote can help turn bonds into buildings, buildings into training, and provide construction careers. Labor strongly supports a Vote YES for public education.

As in any campaign, voters are exposed to real facts as well as manufactured “facts” and it is critical to have informed voters in this election. One fact is that the average age of an APS school is 50 years old and a Vote Yes will mean that necessary repairs and improvements can be made.

Students throughout the district are out in their neighborhoods talking to voters on what a YES vote would mean to them. They are counting on voters to do the right thing and show that they support safe and comfortable learning environments. When voters say they support students and a NO vote, they are really saying that they are voting against resources which students need in order to compete in a global marketplace.

Former governor, Susana Martinez was never a fan of APS. The Board and superintendent pushed back on her punitive policies and her supporters are spreading incorrect information so that she gets a last attack on APS administrators. Part of her supporters’ false message is that the administration of APS is top-heavy.

APS is the 40th largest district in the country and a recent audit shows that actually is not the case. The incorrect information continues by stating that money will go to administrators only and never reach the classroom. This is a blatant myth and a vote NO based on this misinformation is simply an excuse to vote against public education.

A vote YES on all three questions would raise $900 million over six years.

The first question is asking a public-school capital improvements tax of two dollars per thousand dollars of taxable value.

The second question is asking to tax of $4.83 per thousand dollars of taxable value on residential property and $5.34 per thousand dollars on taxable value on non-residential property.

The third question is a $200 million-dollar general obligation bond authorization.

Those who oppose public education are turning the actual figures into false numbers. They are claiming that seniors will lose their homes and others are going to have to take out a loan to pay for the tax increase. This is ridiculously false. The average person will pay $100 a year. That is a small price to pay so that students are safe and are in a comfortable environment with needed resources.

The last time that APS asked the voters to vote on a Bond was in 2006. During this time 152 projects were completed. In most places this is called responsible administration. The repairs, remodeling, and rebuilding are in all areas of the district. It is not true that areas such as the South Valley are ignored. This is just another worn-out myth.

A vote YES will make sure that students have not only safe and functional buildings but also access to musical instruments, library books, technology, science kits, art equipment and classroom furniture. These are not luxuries but are essential to teaching and learning. I know this because I am a teacher-librarian in an APS school.

My colleagues and I are voting YES for our students and our profession.

I have joined my fellow ATF members in a campaign to get out the YES votes.

We are in these buildings every day and we know first-hand how critical a vote YES is to keep our schools standing and functioning.

We know the difference between the actual facts and those manufactured ones.

We know that a vote YES is a vote for public education and we know that public education is the cornerstone of our democracy.”

Sincerely yours,

Sara Attleson
APS School Liberian
Albuquerque Teachers Federation

ABOUT THE AUTHOR

Sara Attleson has been an educator in for 42 years.

She studied Library Science at University of Southern California.

Ms. Attleson has had remarkable 35 career with the Albuquerque Public Schools, where she has been a school librarian.

Sarah has also been a teacher’s union member for 42 years.

Currently, Sarah is Chair of the Albuquerque Teachers Federation Committee on Political Education.

Ms. Attleson is the Vice President of the American Federation of Teachers and the New Mexico Committee on Political Education.

Ms. Attelson is currently serving as the Chair of the Democratic Party of New Mexico Labor Caucus.

There is no doubt Sarah Attelson is a dedicated and hardworking APS school employee who has the priority of making sure our kids get a quality education

For a related blog article and further analysis and commentary on the APS mail in ballot initiative see:

Vote YES On APS Property Tax Levy And Bonds To Rebuild Deteriorating Schools

Albuquerque Public School (APS) System is conducting a bonding and property tax levy election for the renovation, refurbishment and construction of new schools to replace old schools.

https://www.abqjournal.com/1243802/aps-will-ask-voters-for-property-tax-increase.html

APS is seeking a 2-mill levy property tax rate increase and a bond initiative.

The money generated is budgeted for 34 specific construction projects.

The election is being conducted by “mail in ballot” overseen by the Bernalillo County Clerk with ballots mailed to all Bernalillo County registered voters.

All ballots must be returned to the Bernalillo County Clerk before Tuesday, February 5, 2019, or they will not be counted.

APS IN A NUTSHELL

Albuquerque Public Schools (APS) is New Mexico’s largest school district, serving more than a fourth of the state’s students and nearly 84,000 students.

The ethnicity of the APS 84,000 students is:
65.8% Hispanic
22.9% Caucasian/White
5.5% American Indian
3.2% African American
2.3% Asian American
0.2% are “other”

Of the 84,000 APS students 16.6% are classified as “English Learners”, 17.2% are classified as “Students with Disabilities”, and 5.9% are in gifted programs

There are 29 APS authorized charter schools with 7,100 students attending the charter schools.

APS is among the top 40 largest school districts in the nation and the largest in New Mexico.

APS operates 142 schools consisting of 4 K-8 schools, 88 elementary schools (K through 8th grade), 27 middle schools (6-8 th grade), 21 high schools (9th to 12th grade) and 2 alternative schools.

APS students live in the city of Albuquerque and the towns of Corrales, Los Ranchos and the counties of Bernalillo and Sandoval, and the pueblos of Isleta and Laguna.

APS serves many students in need with nearly two-thirds qualifying for the federal school meals program.

APS employs 14,000 total employees consisting of 12,000 full time employees, 6,063 teachers and librarians and 1,800 teacher aides.

The school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

APS has an approved 2018-2018 approved budget of $1.38 Billion.

THE APS PROPERTY TAX MILL AND BOND QUESTIONS

The 2-mill levy property tax rate increase and a bond initiative, should they be approved by voters, will generate over $900 million over the next 6 years for construction projects.

The passage of two of the measures will entail a property tax increase of 4.7% on homes, real estate and commercial property.

In dollars and cents, a 2-mill levy means someone with a home valued at $100,000 will see an annual increase of $67 in property taxes, a home valued at $150,000 will have an annual tax increase of $100, and for a home valued at $220,000, the median home value in the city, it will be a $147 annual increase in property taxes.

There has not been an APS tax rate increase since 2006, a full 12 years and well before the recession.

The “mail-in ballot” has three ballot questions or initiatives, one on the front of the ballot and two on the back of the ballot.

The FIRST ballot initiative on the front of the ballot is entitled “THE PUBLIC-SCHOOL CAPITAL IMPROVEMENTS TAX QUESTION”. This initiative involves money earmarked for maintenance of existing facilities and this question is a continuation of the current tax rate. The current tax rate is at the end of its six-year cycle, and continued funding is needed to maintain APS current facilities. This money protects the public’s investment in public schools.

The SECOND ballot initiative is on the back of the ballot to the left and is entitled “THE PUBLIC-SCHOOL BUILDING TAX QUESTION”. This initiative involves money to be used to create new facilities as well as purchase needed equipment and technology. APS is asking the voter to consider a $1 per $1,000 of assessed value increase to their taxes. This question is a little confusing as it asks permission to raise taxes to $4.83 per $1,000 with people wrongly assuming this is a $4.83 increase, but the current rate is $3.83, so it is only a $1 increase.

The THIRD ballot initiative is also on the back of the ballot and on the right upper side and is entitled “GENERAL OBLIGATION BOND QUESTION”: This initiative asks voters for permission to sell an additional $200 million in General Obligation Bonds. These bonds can be used solely for capital and equipment for the district and it does increase property taxes by $1 per $1,000 for repayment of the debt.

For a sample ballot, go to https://www.bernco.gov/uploads/files/Clerk/APS-Feb-05-2019%20Sample%20Ballot.pdf

For further instructions on the ballot see Postscript below.

WHAT IS BEING SOUGHT

The total increase for all three questions is $2 per $1,000, or 4.7% of a total property tax rate.

The first initiative seeks $190 million for continuing maintenance of the public schools and keeps the tax rate as it is.

The other two initiatives seek $510 million and $200 million for construction and instructional equipment, and would increase the APS mill tax rate.

If voters approve the first initiative, property tax rates will stay the same and APS will continue to receive approximately the same amount it has been receiving for maintenance, repairs, remodels, equipment, furnishings and like projects.

Because APS schools and facilities are deteriorating from use, the other two ballot initiatives would cover the costs of rebuilding.

There is no question that many of the aging schools need replacing.

APS is asking voters for funding for 34 projects costing a total of $900 MILLION that are deemed needed throughout the entire largest school district in New Mexico.

A total of 31 of the 34 projects consist of renovating, repairing and replacing aging schools, including 16 elementary schools, 12 middle schools and 3 high schools.

There are targeted capital dollars to provide funding to finish up major rebuilds and upgrades to 23 school campuses.

The capital monies will also provide start-up monies for 11 additional renovation projects targeting aging campuses in historic neighborhoods, like La Mesa Elementary School.

The remaining 3 projects are $20 million for school security upgrades, one project is $1.8 million for long overdue Information Technology (IT) upgrades, and one project is $1.5 million for infrastructure and American With Disabilities Act renovations.

The $20 million for much needed school security upgrades is in response to APS needing to upgrade safety measures in response to the rash of incidences of gun violence on school grounds across the country, including New Mexico.

The $20 million in security funding will provide for new locks for every classroom, security vestibule entrances, upgraded camera security with a district-wide central monitoring center, and build protective perimeter fencing for school campuses.

The IT upgrading technology is for both students and teachers and is necessary to stay competitive education wise in a fast evolving, high-tech world.

Speaking in favor of passage of all three ballot initiatives, APS Superintendent Raquel Reedy said:

“We are trying to keep those buildings up and provide the best learning environment for our students.”

CONSTRUCTION PROJECTS

The APS Public School System receives very little funding from the State of New Mexico for school construction and must fund, build and maintain all of its school facilities.

The construction projects are divided into two major categories:

A) Projects already designed and to be to be constructed and
B) New “Design & Construction Projects” to begin with construction funds from the 2022 School Bond Elections.

A. The following major APS projects are already designed and to be to be constructed with the passage of all the initiatives:

Jackson Middle School: Construction of Next 2 phases (PE and Classrooms and Administration) $9.4 million

Turf Fields (District): District-wide High School, Middle School and Elementary School, $3 million

School Police Command Center (District): Command Center Construction, $2.3 million

Student Ancillary Support (District): IT & District Support Consolidation, $1.8 million

Lincoln (District): Infrastructure and American With Disabilities Act renovations, $1.5 million

Arroyo del Oso Elementary School: Construction of replacement school, $24.53 million

Barcelona Elementary School: Construction of new Gym and Media Center, Admin, Kitchen and Cafeteria, $6.85 million

Career Enrichment Center/Early College Academy: Construction of classrooms and renovations $7.57 million

Jane Kahn K-8: Construction of 2 final phases of replacement school, $25.81 million

Hubert Humphrey Elementary School: Construction of replacement school, $18.76 million

Lavaland Elementary School: Construction of classroom block, $8.53 million

Monte Vista Elementary School: Construction of classroom block, $5.38 million.

Navajo Elementary School: Construction of Kindergarten/Art-music classrooms, $3.94 million

Coyote Willow Family School K-8: Construction of final phase of classrooms, $3.90 million

Sierra Vista Elementary School: Construction of classroom block, $7.96 million

Taylor Middle School: 2 phases of school replacement, classrooms, $13.65 million

Truman Middle School: Classroom & Admin, 2 phases of school replacement. $15.62

Valle Vista Elementary School: Construction of classroom block, $9.54 million

Zia Elementary School: Construction of replacement school, $15.89

ZX DW Bus Depots (District): Construction of student 3 transportation depots, $18 million

M.A. Binford Elementary School: Construction of classroom block/Admin, $7.8 million

McKinley Middle School: Construction of classroom block, 2 phases of school replacement, $3.37 million

Rio Grande High School: Construction of phase 3 of a 5 phased school replacement, $5.74

B. New “Design & Construction Projects” to begin with election passage and with construction funds to come from the 2022 School Bond Elections are:

Washington Middle School: Design & Build for School Replacement, $31.23 million

Harrison Middle School: Design & Build first 2 phases of a 3 phased school replacement, $33.84

Desert Ridge Middle School: Design & Build Classroom addition and site Infrastructure improvements, $19 million

Van Buren Middle School: Design & Build first 2 phases of a 3 phased l school replacement, $33.84 million

Hayes Middle School: Design & Build first 2 phases of a 3 phased school replacement, $32.84 million

Whittier Elementary School : Design & Build New Classroom Block and Admin replacement, $12.60 million

La Mesa Elementary School: Design & Build of Renovations & Classroom Block Replacement, $16.36 million

Eldorado Hight School: Design & Build first 2 phases of a 5 phased school replacement, $30.10 million

Hawthorne Elementary School: Design & Building Renovations & Classroom Block Replacement, $12.60 million

Grant Middle School: Design & Build new classroom, first 2 phases of 3 phased school replacement, $26.26 million

Corrales Elementary School: Design & Build & Renovate/refurbish, $3.5 million

http://www.aps.edu/community/mail-in-election/planned-and-ongoing-construction-projects.

APS NOT JUST ALBUQUERQUE

When it comes to APS students, they include the towns of Corrales, Los Ranchos, the counties of Bernalillo and Sandoval, and the pueblos of Isleta and Laguna.

Two-thirds of the 84,000 APS students are Hispanic and 16.6 percent are English Learners.

APS also serves many students in need with nearly two-thirds qualifying for the federal school meals program.

For all too many years, New Mexico’s and the APS school system have consistently rank at the bottom or near bottom of national statistics and rankings with respect to graduation rates and reading, writing and math proficiency.

STATE DISTRICT COURT RULING IMPACT ON APS

Education is the number one priority for Governor Lujan Grisham and the 2019 New Mexico legislature that started January 15, 2019 because of a District Court ruling last year that New Mexico was failing to meet its constitutional requirement to provide sufficient schooling to all students.

The District Court ruling does have a direct impacto APS.

On July 20, 2018, Santa Fe District Court Judge Sarah Singleton ruled that the state of New Mexico is violating the constitutional rights of at-risk students by failing to provide them with a sufficient education.

The court ruled many New Mexico students are not receiving the basic education in reading, writing and math they should be receiving in our public-school system.

As a matter of law, Judge Singleton wrote the “lack of funds is not a defense to providing constitutional rights.”

In her blistering written opinion, Judge Singleton wrote:

“[The evidence presented at trial] proves that the vast majority of New Mexico’s at-risk children finish each school year without the basic literacy and math skills needed to pursue post-secondary education or a career. … Indeed, overall New Mexico children rank at the very bottom in the country for educational achievement. … The at-risk students are still not attaining proficiency at the rate of non-at-risk students … and the programs being lauded by [the Public Education Department] are not changing this picture.”

According to the judge’s ruling, in New Mexico, 71.6% of the state’s public-school students come from low-income families, and 14.4% are English-language learners.

Judge Singleton addressing proficiency rates for Native American students said that in the past 3 years, those students’ reading proficiency was at 17.6% and their math proficiency was at 10.4%.

https://www.abqjournal.com/1200069/questions-surround-ruling-on-nm-education-funding.html

The District Court found that New Mexico does not have enough teachers and that New Mexico teachers are among the lowest paid in the country.

Governor Lujan Grisham has already announced her administration will not appeal the District Court ruling.

STATE FUNDING THAT WILL AFFECT APS AND TEACHERS

Newly elected Governor Michelle Lujan has submitted a proposed total budget for New Mexico of $7.1 billion for consideration by the 2019 New Mexico legislature.

The $7.1 billion budget increases state spending by $806 million.

The Governor’s budget calls for $3.2 billion to be spent on Public Schools, a 18% increase, and $830.2 million, a 3.3% increase on higher education.

Increasing teacher salaries, hiring more teachers and addressing the needs of our kids are at the top of Governor Lujan Grisham’s agenda as well as the New Mexico legislatures in the 2019 legislative session with $500 million in new monies proposed for education.

The New Mexico Legislative Finance Committee (LFC) for its part released its own budget proposal plan that would increase year-over-year state spending by $670.8 million, or by 10.6%, as opposed to the Governor’s $806 million, or 12.7% increase or a 2.1% difference between the plans.

The LFC’s budget would earmark more than three-fifths of the additional spending toward public schools statewide.

More than 50% of the proposed $806 million Lujan-Grisham budget increase will go to the public education system.

Lujan Grisham’s budget plan calls for a sharp and dramatic increase in funding for pre-kindergarten programs.

$60 million in new appropriations is being proposed for pre-kindergarten programs serving 3- and 4-year-old children statewide.

State teachers and principals will get a 6% salary increase next year under the budget.

Lujan-Grisham under her budget proposes to increase New Mexico starting teacher pay from $36,000 to $41,000 per year.

Higher pay levels are also being proposed for more experienced educators.

Teacher minimum salary levels for the three-tier licensure program will be raised to $41,000, $50,000, and $60,000 for Tiers I, II, and III, respectively.

The proposed budget raises the minimum salaries for principals to $60,000.

It is proposed that the state’s funding formula for public schools be adjusted so more money would flow to districts with large populations of Native American, disabled and low-income students, along with English-language learners.

For blog articles on the Governor’s proposed budget and the LFC’s proposed budget see:

https://www.petedinelli.com/…/gov-michelle-lujan…/

https://www.petedinelli.com/2019/01/15/governor-mlgs-budget-plan-vs-lfc-budget-plan/

COMMENTARY AND ANALYSIS

Critics of the APS mill levy, including the Albuquerque Journal and the conservative anti-tax Rio Grande Foundation, argue that the property tax levy has not been fully justified and will be just another tax added onto all the other taxes that no one can afford.

https://www.abqjournal.com/1267731/request-for-school-maintenance-money-makes-sense-but-tax-hikes-in-2-other-questions-too-costly-for-many.html

Critics also say that APS needs to find construction money elsewhere and go so far as to suggest APS sell land or assets that they own in the Albuquerque area.

https://www.abqreport.com/single-post/2019/01/16/Why-You-Should-Vote-Against-the-APS-Tax-Increase

Selling school property owned outright by APS is shortsighted for a one-time gain given the anticipated growth of the city and infill demands of the city for school district needs.

How many APS schools need to be condemned for code violations or crumble before people realize something needs to be done now?

The Albuquerque Journal, the anti-tax Rio Grande Foundation, the Greater Albuquerque Chamber of Commerce and the Albuquerque Economic Forum have never seen a property tax that they have supported but always oppose.

The Journal, the Rio Grande Foundation, the Greater Albuquerque Chamber of Commerce and the Albuquerque Economic Forum go so far as to oppose the state using the state permanent fund to finance education programs.

All too often, many who are retired and living on fixed incomes resist wanting to pay any and all amount of taxes for public school education because their kids are fully grown and they feel they have already done their part over the years.

Every generation must be fully committed to future generation’s education.

What is involved with the APS ballot initiative is a property tax, and not a regressive gross receipts tax that everyone pays and that has a greater impact on low income earners.

Real property owners are called upon to fund education needs because they far more likely to be able to afford paying the tax.

One of the biggest criticisms against the ballot initiative is that APS has mismanaged their operating budget, it is top heavy with managers, high salaries and there is a significant waste of resources.

All the projects that will be funded are all capital improvement projects meaning that they are not a part of the APS operating budget which is funded by the state’s funding formula per child.

The 34 projects are investments in tangible assets, brick and mortar projects, not management and personnel.

Because of the extent of the number of schools that have depreciated and deteriorated and exceeded their useful “shelf life”, the APS school system and the citizens of Albuquerque are now confronted with a financial dilemma, refurbish or tear down and rebuild many of our public schools.

As is the case with any building, private and publicly owned, APS schools and facilities age and eventually have to be torn down and rebuilt, as was the case with Del Norte High School in the last few years.

All too often, remodeling and renovations in the long run are far costlier to bring a building up to code and it is more practical and economically responsible to tear down and rebuild.

A number of the schools listed, especially the elementary schools, are so old they are falling apart for lack of maintenance, upkeep and age.

APS has been generating as much as 70% of the commercial construction in the city over the past decade.

There is little doubt that the passage of all three questions would be a major infusion to the city’s economy, local businesses and to the construction industry, and the many jobs these projects will support.

Construction costs have skyrocketed and will in all likely continue to rise as years pass.

Repeatedly from the business community you hear the argument that economic development efforts and attracting new business to Albuquerque requires a successful education system.

Governor Mitchell Lujan Grisham’s commitment and the New Mexico Legislature’s commitment to finally fund our education system to address our education problems is a big part of the equation to improving our education system in the state and in Albuquerque.

The voters of Albuquerque need to complete the equation and vote to refurbish and rebuild our aging schools by voting FOR all three ballot questions.

New Mexico’s kids and getting an education in a safe and secure environment is at stake.

POSTSCRIPT ON MAIL IN BALLOT

All registered Bernalillo County voters are being mailed ballots by the Bernalillo County Clerk that must be returned before February 5, 2019.

In the mailing, voters are sent two envelopes.

One envelop is the “Official Inner Envelope” that you place your ballot in after you fill in your vote.

You must use black ink only to fill in the vote area on the ballot

The other envelop you put the ballot envelope into.

YOU MUST PRINT YOUR NAME AND YEAR OF BIRTH ON THE “RETURN ENVELOPE” YOU MAIL BACK THE “OFFICIAL INNER ENVELOP” THAT CONTAINS YOUR BALLOT.

YOU MUST SIGN THE OATH THAT YOUR A REGISTERED VOTER ON THE RETURN ENVELOP.

IF YOU DO NOT SIGN THE OATH, YOUR VOTE WILL NOT BE COUNTED.

There have been past elections where literally thousands of mail in ballots not signed have been thrown in the trash and not counted. You must mail your ballot in before February 5, 2019.

For a sample ballot, go to https://www.bernco.gov/uploads/files/Clerk/APS-Feb-05-2019%20Sample%20Ballot.pdf