Let's just get more information
At one point during this past legislative session a flood of emails, phone calls, and office visits deluged the capitol begging, pleading, and on rare occasions demanding that a particular piece of legislation be stopped. We were warned that, should this particular bill be allowed to become law, the effect would be catastrophic for New Mexico.
I am not referring to a sweeping piece of social legislation such as Domestic Partnership, the Freedom of Choice Act, or the Death Penalty. Rather the bill that produced this tsunami of reaction was a revenue bill--my revenue bill. HB 725 was a bill to repeal the Film Production Expense Rebate.
Although the bill was tabled in the first committee, some individuals (including a recent columnist) continue to demand that this subsidy must not be questioned, criticized, or touched. Any who take an opposing view are to be mocked and vilified.
Currently the State of New Mexico pays film production companies for certain activities. The most prominent part of the existing law is a 25% rebate from the State for all qualified direct production expenditures. In 2003 this program cost $1.1 Million. By 2008 the cost had increased to $47 Million, and it is expected to grow to $54 Million in 2010.
While it is obvious that certain individuals and companies have profited handsomely from these subsidies, the issue before this legislature and this administration is how to be good stewards of a dwindling supply of increasingly harder-to-produce tax dollars--dollars squeezed from a shrinking work force.
The two studies of the New Mexico Film subsidy program have produced widely differing conclusions. One study claims the return to taxpayers is $1.50 for every tax dollar paid out. The other study identifies the return to be only 14.5 cents on the dollar. There have also been additional studies of the effectiveness of these subsidies in Louisiana and California. The Louisiana study puts the return at 16 to18 cents on the dollar.
Much attention has been paid to the fact that California, in the middle of a budget crisis, has adopted new incentives to woo back film production. However, little has been said about the report from the California Legislative Analyst’s Office. The California Legislature was advised to “reject the film tax credit”. That advice was ignored.
The recently adopted New Mexico state budget shifts an increased burden onto our public workers. These workers will now have their pay reduced by 1.5% to save the state $40 Million. In addition, the budget calls for dipping into the state’s savings to the tune of $136 Million.
How can this administration call on sacrifices and savings depletion while at the same time give away $54 Million to one protected industry? How do we face the struggling small businessman, the laid-off factory worker, or the state policeman and say that he or she must sacrifice, but this program cannot be questioned?
Obviously there are different perspectives on this issue. The studies mentioned above have one showing a return TEN times greater than other studies. Which is correct? I believe the answer can be found in closely reviewing the details of this program which are now hidden in secrecy. Exactly who is getting these tax dollars? What exactly have they done to justify getting your tax money? What is the actual benefit to the taxpayers of New Mexico?
This is a serious public policy problem that must be examined and resolved. That is not done by hurling verbal abuse at those who dare to express concern or think this is a grave problem. In my prior job with law enforcement, answers to questions like these were called “evidence,” and it is so much more helpful in public debates than witty comments or vindictive insults. Let’s have an open and public examination with a sober and serious discussion. I believe that is what the public deserves, and I believe that is how effective public policy is made.
Monday, April 27, 2009
Let's Just Get More Information
This essay written by me was posted on Heath Haussamen’s blog and referred to in Joe Monahan’s April 22nd blog. An earlier editorial, critical of my concerns about the film industry, titled “Dumb and Dumber” appeared in certain newspapers.
Monday, March 23, 2009
The Last Few Days Part I
Although we had been working long hours at a hectic pace, the last week is an entirely new experience. The Round House goes into high gear, and the pulse of the political process races faster and faster. Saturday noon is the deadline for all legislative activity. For some, the need is to complete the approval process for an issue they hold dear. For others, the goal is to run out the clock on bills they find unacceptable. These conflicting motives coupled with long hours create an incredible tension throughout the Capitol.
The last week began with a Sunday floor session starting early in the afternoon and going well into the evening. We continued to have daily committee hearings and floor sessions up through Thursday. On Wednesday and Thursday we worked until midnight. Friday’s floor session began at 10AM and went without break until 3:30 Saturday morning. We returned at 8:30 that same morning to deal with the last few items working until noon which is the end of the session. So much occurred in that last week that I will need to break this report into at least two parts.
Embryonic Stem Cell Research, SB 77
The final week witnessed the other great moral debate of this session. We began the session with the debate over the death penalty, and largely concluded with the debate over embryonic stem cell research.
There are honest and good people on both sides of both issues. I believe life begins at conception, and that the responsibility of government is to protect the weak and the vulnerable. SB77 would authorize embryonic stem cell research. This is different from adult or umbilical cord stem cell research which is currently legal, accepted as ethical by all, and has been actively pursed well over a decade. SB77 was presented to the House Judiciary Committee on which I sit, and we had a lengthy discussion about the bill. The sponsor of the bill was Senator John Ryan, a Republican. He authored it for very personal reasons. Senator Ryan and I had a private and candid conversation before his appearance in the Judiciary Committee. He knew I was opposed to his legislation. I have tremendous respect for Senator Ryan, but I believe he is wrong on this issue.
The bill passed through committee and proceeded to the floor of the House. Because a Senator cannot present a bill on the floor of the House, a Representative must perform that task during the floor debate. SB77 was presented to the House of Representatives by Al Park (D-26) who is the Chairman of the Judiciary Committee. The debate lasted a full three hours, and I took part in that debate. Since others eloquently put forward the moral and ethical concerns with SB77, I spent my time pointing out the problems in the way the bill was written. My intention was to try to convince any undecided representatives that the bill was flawed and should not pass into law. I do not know if I had any effect on the opinions of my colleagues, but the stem cell research bill was defeated by a vote of 38 to 30.
Private Meeting with Governor Richardson
Tuesday morning of the last week Representative Keith Gardner (R-66), the Whip for the Republican Party in the House, came up to me and said, “I need to see you in private.” My initial response was, “What have I done wrong?” Keith promptly assured me that I was not in trouble, but that he needed to share something with me. Governor Richardson wanted to have a private meeting with me, and that meeting would occur in Representative Gardner’s office which is right off the floor of the House of Representatives.
Governor Richardson asked to speak with me personally because he was preparing to make his decision on signing the death penalty repeal. He had heard about my speech on the floor of the House during our debate of the death penalty. The meeting between myself and Governor Richardson was a private meeting, and I will not share the details of what we said except that I expressed my sincere belief that the death penalty should be retained. I was extremely honored that Governor Richardson would seek me out for my opinion. He is a very prominent political figure who has played a major role on the national and international scene. He has been the dominant political figure in our State for well over a decade. I, on the other hand, am a freshman representative with the minority party. He did not have to ask for my input. Although I am disappointed with his decision, I am gratified that he sought me out and asked my opinion.
We are now home in Roswell. I will reflect on the session and post more thoughts later.
The last week began with a Sunday floor session starting early in the afternoon and going well into the evening. We continued to have daily committee hearings and floor sessions up through Thursday. On Wednesday and Thursday we worked until midnight. Friday’s floor session began at 10AM and went without break until 3:30 Saturday morning. We returned at 8:30 that same morning to deal with the last few items working until noon which is the end of the session. So much occurred in that last week that I will need to break this report into at least two parts.
Embryonic Stem Cell Research, SB 77
The final week witnessed the other great moral debate of this session. We began the session with the debate over the death penalty, and largely concluded with the debate over embryonic stem cell research.
There are honest and good people on both sides of both issues. I believe life begins at conception, and that the responsibility of government is to protect the weak and the vulnerable. SB77 would authorize embryonic stem cell research. This is different from adult or umbilical cord stem cell research which is currently legal, accepted as ethical by all, and has been actively pursed well over a decade. SB77 was presented to the House Judiciary Committee on which I sit, and we had a lengthy discussion about the bill. The sponsor of the bill was Senator John Ryan, a Republican. He authored it for very personal reasons. Senator Ryan and I had a private and candid conversation before his appearance in the Judiciary Committee. He knew I was opposed to his legislation. I have tremendous respect for Senator Ryan, but I believe he is wrong on this issue.
The bill passed through committee and proceeded to the floor of the House. Because a Senator cannot present a bill on the floor of the House, a Representative must perform that task during the floor debate. SB77 was presented to the House of Representatives by Al Park (D-26) who is the Chairman of the Judiciary Committee. The debate lasted a full three hours, and I took part in that debate. Since others eloquently put forward the moral and ethical concerns with SB77, I spent my time pointing out the problems in the way the bill was written. My intention was to try to convince any undecided representatives that the bill was flawed and should not pass into law. I do not know if I had any effect on the opinions of my colleagues, but the stem cell research bill was defeated by a vote of 38 to 30.
Private Meeting with Governor Richardson
Tuesday morning of the last week Representative Keith Gardner (R-66), the Whip for the Republican Party in the House, came up to me and said, “I need to see you in private.” My initial response was, “What have I done wrong?” Keith promptly assured me that I was not in trouble, but that he needed to share something with me. Governor Richardson wanted to have a private meeting with me, and that meeting would occur in Representative Gardner’s office which is right off the floor of the House of Representatives.
Governor Richardson asked to speak with me personally because he was preparing to make his decision on signing the death penalty repeal. He had heard about my speech on the floor of the House during our debate of the death penalty. The meeting between myself and Governor Richardson was a private meeting, and I will not share the details of what we said except that I expressed my sincere belief that the death penalty should be retained. I was extremely honored that Governor Richardson would seek me out for my opinion. He is a very prominent political figure who has played a major role on the national and international scene. He has been the dominant political figure in our State for well over a decade. I, on the other hand, am a freshman representative with the minority party. He did not have to ask for my input. Although I am disappointed with his decision, I am gratified that he sought me out and asked my opinion.
We are now home in Roswell. I will reflect on the session and post more thoughts later.
Monday, March 16, 2009
Into the Final Stretch
Transparency in Government
On Tuesday my House Memorial 78, Study Searchable Database of State Budgets, passed the House. This was originally a bill to require the State to make expenditure information available on line. I felt this was a government transparency issue that all legislatures would support, but fourteen (14) Democrats voted against my memorial.
Ineffective Counsel
Also on Tuesday I presented my “Ineffective Counsel” bill (HB 797) to the Consumer and Public Affairs Committee. If a criminal’s conviction is overturned because an appeals court has determined that the defense attorney did not do his job, the State has to let the criminal go free or re-try him. My bill would suspend the “ineffective” attorney from practicing law until he received more training and passed the bar exam (a test all attorneys must pass). Furthermore, the attorney, who didn’t do his job, would pay for the re-trial. Needless to say, defense attorneys did not like this bill and it was tabled.
Insensitivity to Crime Concerns
The number of bills that have been introduced that, in my opinion, weaken the ability of law enforcement and the criminal justice to protect the public has been astonishing. As a member of the Judiciary Committee, I have seen the constant stream of legislation to “help” criminals.
On Tuesday my House Memorial 78, Study Searchable Database of State Budgets, passed the House. This was originally a bill to require the State to make expenditure information available on line. I felt this was a government transparency issue that all legislatures would support, but fourteen (14) Democrats voted against my memorial.Ineffective Counsel
Also on Tuesday I presented my “Ineffective Counsel” bill (HB 797) to the Consumer and Public Affairs Committee. If a criminal’s conviction is overturned because an appeals court has determined that the defense attorney did not do his job, the State has to let the criminal go free or re-try him. My bill would suspend the “ineffective” attorney from practicing law until he received more training and passed the bar exam (a test all attorneys must pass). Furthermore, the attorney, who didn’t do his job, would pay for the re-trial. Needless to say, defense attorneys did not like this bill and it was tabled.
Insensitivity to Crime Concerns
The number of bills that have been introduced that, in my opinion, weaken the ability of law enforcement and the criminal justice to protect the public has been astonishing. As a member of the Judiciary Committee, I have seen the constant stream of legislation to “help” criminals.A few examples are as follows:
HB 285 Repeal the Death Penalty was introduced by Rep Gail Chasey (D-18), a retired educator and attorney. This was an intense debate in both the House and the Senate. I spoke extensively against this repeal in both committees and on the floor. It has passed the legislature and is on the Governor’s desk.
HB 396 Reliable Eyewitness Identification was introduced by Rep Joseph Cervantes (D-52), an attorney. This bill creates all kinds of new rules and regulations for police officers to follow. I won’t bore you with all of my objections, but let me note that when this was heard in Judiciary, the “expert witness” who sat with the bills sponsor was well known criminal defense attorney Michael Stout. I strongly spoke out against this in committee and on the floor. Unfortunately it passed the House by a vote of 34-31. All the Republicans voted against this bill.
HB 807 Jail Good Behavior Standards introduced by Rep Antonio “Moe” Maestas (D-16), an attorney. This bill strips the authority of Magistrate Judges to deny “Good Time” to individual convicted of misdemeanors. I publically opposed this in committee and on the floor. It was defeated on the floor of the House.
HB 866 Criminal Record Expungement Act by Rep Antonio “Moe” Maestas (D-16), an attorney. This would allow courts to conceal from the public certain convictions after specified time periods. It passed the Consumer and Public Affairs committee on a 3-2 vote and is currently in the House Judiciary committee.
Web-Casting
I have been attempting to do live Web-casting during my committee hearings. This is also being done by Representative Janice Arnold-Jones and Representative Candy Spence Ezzell. I got some attention in a political blog by Heath Haussaman at http://haussamen.blogspot.com/ posted on March 10, 2009 at 12:36PM.
Unfortunately I have had a number of technical problems. This is an all volunteer effort with borrowed equipment. I am not comfortable with the quality of the web-casts. I really wish the Legislature would do this with a team of professionals. Sadly there seems to be people of influence who do not want the public to be able to see want is happening in committees
HB 285 Repeal the Death Penalty was introduced by Rep Gail Chasey (D-18), a retired educator and attorney. This was an intense debate in both the House and the Senate. I spoke extensively against this repeal in both committees and on the floor. It has passed the legislature and is on the Governor’s desk.
HB 396 Reliable Eyewitness Identification was introduced by Rep Joseph Cervantes (D-52), an attorney. This bill creates all kinds of new rules and regulations for police officers to follow. I won’t bore you with all of my objections, but let me note that when this was heard in Judiciary, the “expert witness” who sat with the bills sponsor was well known criminal defense attorney Michael Stout. I strongly spoke out against this in committee and on the floor. Unfortunately it passed the House by a vote of 34-31. All the Republicans voted against this bill.
HB 807 Jail Good Behavior Standards introduced by Rep Antonio “Moe” Maestas (D-16), an attorney. This bill strips the authority of Magistrate Judges to deny “Good Time” to individual convicted of misdemeanors. I publically opposed this in committee and on the floor. It was defeated on the floor of the House.
HB 866 Criminal Record Expungement Act by Rep Antonio “Moe” Maestas (D-16), an attorney. This would allow courts to conceal from the public certain convictions after specified time periods. It passed the Consumer and Public Affairs committee on a 3-2 vote and is currently in the House Judiciary committee.
Web-Casting
I have been attempting to do live Web-casting during my committee hearings. This is also being done by Representative Janice Arnold-Jones and Representative Candy Spence Ezzell. I got some attention in a political blog by Heath Haussaman at http://haussamen.blogspot.com/ posted on March 10, 2009 at 12:36PM.
Unfortunately I have had a number of technical problems. This is an all volunteer effort with borrowed equipment. I am not comfortable with the quality of the web-casts. I really wish the Legislature would do this with a team of professionals. Sadly there seems to be people of influence who do not want the public to be able to see want is happening in committees
Sunday, March 8, 2009
Two Weeks to Go
More Sad News
I am sorry to report the death of two more family members of Legislators this week. Representative Ray Begaye (D-4) lost his mother and Representative Zachary Cook’s (R-56) father passed away. Please keep them and their families in your prayers.
The Film Industry Subsidy
On Tuesday evening I presented HB 725 which was a bill to repeal the Film Industry Production rebate. Currently Film Production companies get 25% of their qualifying expenses rebated to them by the state. This program will cost us an estimated $54 Million next year. We do not do this for any other industry.
Supporters claim that the state benefits from this program. I have studied various analyses of these issues and I am convinced this is a poor use of the taxpayer’s dollars.
I hope to be able to post these studies on line soon.
The hearing did not go favorably. The audience was packed with film industry people including leaders of their union. They all spoke about how they had personally profited from their employment in film production. I did not and do not dispute that they have prospered. The question is at what cost and who pays?
Immediately after the bill was tabled, at the suggestion of the committee, I met with representatives of the film industry. We talked for two hours. They were unwilling to compromise in any way. They would not yield on a cap, a reduction of the size of the rebate, or any sunset clause.
Here is a pretty good article about the committee hearing:
http://www.santafenewmexican.com/SantaFeNorthernNM/2009-Legislature-Film-industry-wins-fight-to-keep-incentives
Some Additional Issues
As part of my inquiry into the film production rebates, I requested information about who has received these rebates: How much are they paid? How are their claims substantiated? The administration sent me a simple list with the names of 67 companies (many are duplicates) that have gotten your tax dollars but no details about how much they got, when they were paid, where they are located or what they did to deserve this money. I will continue to work at shining the light of day on this program. You have the right to know how your tax money is spent.
Finally it must be recognized that this is a very influential and powerful special interest group. They have the support of some of the most prominent politicians in this state. Based upon the reactions, I must have hit a nerve.
Transparency in Government
My bill to put the State’s budget on-line stalled in the House Appropriations Committee on Monday. The opposition was from the Information Technology Department which was concerned this would cost too much. At the suggestion of the Committee Chair, I went back and had my bill converted into a House Memorial. The Memorial calls for a study to be conducted on this concept and a report to an interim committee. The hope is to come back with a bill next session.
I went back to Appropriations on Friday and my Memorial was passed. It should come to the floor next week. I want to thank Representative Don Bratton (R- 62) and Representative Larry Larrañaga (R-27) for their assistance in getting this through Appropriations. I also appreciate the encouragement of the Chairman of Appropriations, Representative Henry “KiKi” Saavedra (D-10). They are all real gentlemen.
Web-Casting
I have begun live Web-casting. I have started with the House Judiciary committee. You can watch at www.nmgov.tv Please understand I am trying to keep the link open, run the camera, and do my work as a committee member all at the same time, so it is a little rough.
I am sorry to report the death of two more family members of Legislators this week. Representative Ray Begaye (D-4) lost his mother and Representative Zachary Cook’s (R-56) father passed away. Please keep them and their families in your prayers.
The Film Industry Subsidy
On Tuesday evening I presented HB 725 which was a bill to repeal the Film Industry Production rebate. Currently Film Production companies get 25% of their qualifying expenses rebated to them by the state. This program will cost us an estimated $54 Million next year. We do not do this for any other industry.
Supporters claim that the state benefits from this program. I have studied various analyses of these issues and I am convinced this is a poor use of the taxpayer’s dollars.
I hope to be able to post these studies on line soon.
The hearing did not go favorably. The audience was packed with film industry people including leaders of their union. They all spoke about how they had personally profited from their employment in film production. I did not and do not dispute that they have prospered. The question is at what cost and who pays?
Immediately after the bill was tabled, at the suggestion of the committee, I met with representatives of the film industry. We talked for two hours. They were unwilling to compromise in any way. They would not yield on a cap, a reduction of the size of the rebate, or any sunset clause.
Here is a pretty good article about the committee hearing:
http://www.santafenewmexican.com/SantaFeNorthernNM/2009-Legislature-Film-industry-wins-fight-to-keep-incentives
Some Additional Issues
As part of my inquiry into the film production rebates, I requested information about who has received these rebates: How much are they paid? How are their claims substantiated? The administration sent me a simple list with the names of 67 companies (many are duplicates) that have gotten your tax dollars but no details about how much they got, when they were paid, where they are located or what they did to deserve this money. I will continue to work at shining the light of day on this program. You have the right to know how your tax money is spent.
Finally it must be recognized that this is a very influential and powerful special interest group. They have the support of some of the most prominent politicians in this state. Based upon the reactions, I must have hit a nerve.
Transparency in Government
My bill to put the State’s budget on-line stalled in the House Appropriations Committee on Monday. The opposition was from the Information Technology Department which was concerned this would cost too much. At the suggestion of the Committee Chair, I went back and had my bill converted into a House Memorial. The Memorial calls for a study to be conducted on this concept and a report to an interim committee. The hope is to come back with a bill next session.
I went back to Appropriations on Friday and my Memorial was passed. It should come to the floor next week. I want to thank Representative Don Bratton (R- 62) and Representative Larry Larrañaga (R-27) for their assistance in getting this through Appropriations. I also appreciate the encouragement of the Chairman of Appropriations, Representative Henry “KiKi” Saavedra (D-10). They are all real gentlemen.
Web-Casting
I have begun live Web-casting. I have started with the House Judiciary committee. You can watch at www.nmgov.tv Please understand I am trying to keep the link open, run the camera, and do my work as a committee member all at the same time, so it is a little rough.
Sunday, March 1, 2009
A Dramatic Week
SB12
Domestic Partnership has hung over this legislature since before the session began. We have wrestled with many issues, the budget, the death penalty, ethics reform and others, but always hovering over this body has been the fundamental question of “What is the definition of marriage?” This single issue has produced the majority of e-mail, letters and phone calls. I firmly believe in Traditional Marriage and was prepared to fight for it. I did not have to defend the institution, as the battle was won in the Senate. On Thursday, February 26th the Senate voted against SB 12 by a vote of 25-17. I was fortunate to actually be present on the floor of the Senate when the vote occurred. Those Senators who stood strong to defend Traditional Marriage are all heroes.
State Worker’s Pay
On that same day, I am sorry to say, the House was not as noble. First the House passed HB 854 which takes 1.5 % of the gross pay of teachers, state policemen, and other state workers. The pay cut is diverted into the worker’s retirement, and the state’s contribution from the General Fund is reduced by the same amount. This is done to save the state $40 Million in FY2010. There has been NO other effort to reduce spending. I voted against this bill.
The Budget for FY2010
Also on Thursday, we voted on the state budget for FY2010. If I am not mistaken, it was the first straight line party vote of this session. The debate was long and serious. Rep. Don Bratton (R-62), one the most respected members of the House Appropriations Committee, spoke extensively against the bill. The FY 2010 budget cuts into our reserves in the amount of $136 Million. The projected price of oil and gas products is way too optimistic. Except for the 1.5% cut from the paychecks of state workers, there is no reduction in State spending. These and many other problems make this a flawed budget. I joined all of the other Republicans and voted against this budget.
Budget Transparency Bill
My HB 452 which puts the State’s “checkbook” on line, made it through the first committee, Health and Government Affairs, on Tuesday, February 24th. I had meetings with individuals representing the State Department of Finance, municipalities and counties who suggested some changes. I was pleased to be able to work with these folks and put forward a better bill. The next stop is House Appropriations. That is a tough committee, but I am hopeful.
A Questionable Bill
On Saturday, HB 864 “Voting System Budget Adjustment” was brought to the floor for debate and vote. This bill was sent to ONLY one committee and had the “Emergency Clause” which means if it passes the Legislature, and the Governor signs it, it goes into effect immediately. The Fiscal Impact Report (FIR) has this brief explanation:
The federal auditors reviewing Secretary of State spending of a Help America Vote Act federal grant has rejected $6.3 million spent on advertising with media consultant A. Gutierrez and Associates … A possible resolution to the audit finding is to make an accounting shift of the unaccepted expenditures… However, this shift requires the Legislature to expand and reauthorize the $11 million appropriation made in 2006…
The entire FIR is here: http://www.nmlegis.gov/Sessions/09%20Regular/firs/HB0864.pdf
The Attorney General is investigating this whole deal, but only AFTER the Feds said this money was misspent. Along with Reps Arnold-Jones and Larranaga, I asked a lot of questions during the debate. Many of us feel this is being done to protect the former Secretary of State. This is another example of the problems in this state that NONE of the proposed ethics legislation addresses. I hope the news media digs into this.
The bill passed, but without the “Emergency Clause,” so the soonest it could take effect is July 1, 2009.
Domestic Partnership has hung over this legislature since before the session began. We have wrestled with many issues, the budget, the death penalty, ethics reform and others, but always hovering over this body has been the fundamental question of “What is the definition of marriage?” This single issue has produced the majority of e-mail, letters and phone calls. I firmly believe in Traditional Marriage and was prepared to fight for it. I did not have to defend the institution, as the battle was won in the Senate. On Thursday, February 26th the Senate voted against SB 12 by a vote of 25-17. I was fortunate to actually be present on the floor of the Senate when the vote occurred. Those Senators who stood strong to defend Traditional Marriage are all heroes.
State Worker’s Pay
On that same day, I am sorry to say, the House was not as noble. First the House passed HB 854 which takes 1.5 % of the gross pay of teachers, state policemen, and other state workers. The pay cut is diverted into the worker’s retirement, and the state’s contribution from the General Fund is reduced by the same amount. This is done to save the state $40 Million in FY2010. There has been NO other effort to reduce spending. I voted against this bill.
The Budget for FY2010
Also on Thursday, we voted on the state budget for FY2010. If I am not mistaken, it was the first straight line party vote of this session. The debate was long and serious. Rep. Don Bratton (R-62), one the most respected members of the House Appropriations Committee, spoke extensively against the bill. The FY 2010 budget cuts into our reserves in the amount of $136 Million. The projected price of oil and gas products is way too optimistic. Except for the 1.5% cut from the paychecks of state workers, there is no reduction in State spending. These and many other problems make this a flawed budget. I joined all of the other Republicans and voted against this budget.
Budget Transparency Bill
My HB 452 which puts the State’s “checkbook” on line, made it through the first committee, Health and Government Affairs, on Tuesday, February 24th. I had meetings with individuals representing the State Department of Finance, municipalities and counties who suggested some changes. I was pleased to be able to work with these folks and put forward a better bill. The next stop is House Appropriations. That is a tough committee, but I am hopeful.
A Questionable Bill
On Saturday, HB 864 “Voting System Budget Adjustment” was brought to the floor for debate and vote. This bill was sent to ONLY one committee and had the “Emergency Clause” which means if it passes the Legislature, and the Governor signs it, it goes into effect immediately. The Fiscal Impact Report (FIR) has this brief explanation:
The federal auditors reviewing Secretary of State spending of a Help America Vote Act federal grant has rejected $6.3 million spent on advertising with media consultant A. Gutierrez and Associates … A possible resolution to the audit finding is to make an accounting shift of the unaccepted expenditures… However, this shift requires the Legislature to expand and reauthorize the $11 million appropriation made in 2006…
The entire FIR is here: http://www.nmlegis.gov/Sessions/09%20Regular/firs/HB0864.pdf
The Attorney General is investigating this whole deal, but only AFTER the Feds said this money was misspent. Along with Reps Arnold-Jones and Larranaga, I asked a lot of questions during the debate. Many of us feel this is being done to protect the former Secretary of State. This is another example of the problems in this state that NONE of the proposed ethics legislation addresses. I hope the news media digs into this.
The bill passed, but without the “Emergency Clause,” so the soonest it could take effect is July 1, 2009.
Sunday, February 22, 2009
Week Five at the Capitol
An Outpouring of Sympathy
On Wednesday, February 18, the Legislature paused briefly so most Senators and House members could journey to Roswell for the memorial service for Patty Jennings, the late wife of Senate president Pro Tem Tim Jennings of Roswell. The service was one of the largest I have ever attended and a large contingency of elected officials, including the Governor and Lt. Governor were there as well. The Jennings family has contributed greatly to this State. Everything I have heard confirmed what a dedicated public servant Patty Jennings was in her own right. Please keep the Jennings family in your prayers.
The Budget Battle
As I said last time, the revenue figures are looking very grim. The years of growing state government by almost 10% a year have come back to haunt us. This last week there was a lot of intense behind-the-scene discussion. A budget for FY2010 is being crafted, but my Republican colleagues are not happy with what they see. The proposed budget fails to recognize that state revenue is declining; therefore, state spending must also decline. It appears the administration will use the federal stimulus package to prop up the reckless spending behavior of the past. In 2003, when the Richardson/Denish Administration took office, the total State budget was $3.9 Billion. This year it is almost $6 Billion. The longer we put off dealing with over-spending, the worse it gets. As I was told once, problems are not like fine wines…they do not get better with time.
This will come to full scale floor debate on Wednesday or Thursday of this week.
Legislation Introduced
I have now submitted a total of seven bills. They are as follows:
HB 452 Budget Transparency Act
HB 648 Judicial Retirement from General Fund
HB 725 Repeal Film Production Tax Credit
HB 797 Ineffective Lawyer Penalties
HB 856 Controlled Substances in Newborn Babies
HB 857 Appeals from Magistrate to District Court
HB 858 Disbursements of Class Action Suit Funds
If you go online to http://www.nmlegis.gov/lcs/ and locate the box to the left, you will have a choice listed as "Legislation." Click on that, and go to "Bill Finder". You can then read any bill introduced by me or any other legislator.
The Film Production Tax Credit
There has been considerable media in the New Mexico media on HB 725, my effort to repeal the Film Production Tax Credit. This corporate welfare program cost New Mexico taxpayers $47 Million in FY2008. A study by the NMSU Office of Policy Analysis shows the "benefit" to taxpayers is about 15 cents on every dollar spent. Eliminating this program would save us $54 Million in FY2010. That is ten percent of the estimated budget shortfall. On Friday, I was interviewed about this by a reporter with the Santa Fe New Mexican. The article is here:
http://www.santafenewmexican.com/Local%20News/Film-turf-war
Keep in Touch!
It is important that I hear from you about legislation, both good and bad. Input from firefighters around our area equipped me to work with other legislators against a bad bill that would drain dollars out of the "Fire Protection Fund." We were outnumbered, but it is hoped that it will be stopped in the Appropriations Committee.
Local input is critical and needed in order for good legislation to pass and for bad legislation to be killed. Soplease feel free to express your opinion, I personally read every e-mail and letter from constituents. Remember, I'm here working for you!
On Wednesday, February 18, the Legislature paused briefly so most Senators and House members could journey to Roswell for the memorial service for Patty Jennings, the late wife of Senate president Pro Tem Tim Jennings of Roswell. The service was one of the largest I have ever attended and a large contingency of elected officials, including the Governor and Lt. Governor were there as well. The Jennings family has contributed greatly to this State. Everything I have heard confirmed what a dedicated public servant Patty Jennings was in her own right. Please keep the Jennings family in your prayers.
The Budget Battle
As I said last time, the revenue figures are looking very grim. The years of growing state government by almost 10% a year have come back to haunt us. This last week there was a lot of intense behind-the-scene discussion. A budget for FY2010 is being crafted, but my Republican colleagues are not happy with what they see. The proposed budget fails to recognize that state revenue is declining; therefore, state spending must also decline. It appears the administration will use the federal stimulus package to prop up the reckless spending behavior of the past. In 2003, when the Richardson/Denish Administration took office, the total State budget was $3.9 Billion. This year it is almost $6 Billion. The longer we put off dealing with over-spending, the worse it gets. As I was told once, problems are not like fine wines…they do not get better with time.
This will come to full scale floor debate on Wednesday or Thursday of this week.
Legislation Introduced
I have now submitted a total of seven bills. They are as follows:
HB 452 Budget Transparency Act
HB 648 Judicial Retirement from General Fund
HB 725 Repeal Film Production Tax Credit
HB 797 Ineffective Lawyer Penalties
HB 856 Controlled Substances in Newborn Babies
HB 857 Appeals from Magistrate to District Court
HB 858 Disbursements of Class Action Suit Funds
If you go online to http://www.nmlegis.gov/lcs/ and locate the box to the left, you will have a choice listed as "Legislation." Click on that, and go to "Bill Finder". You can then read any bill introduced by me or any other legislator.
The Film Production Tax Credit
There has been considerable media in the New Mexico media on HB 725, my effort to repeal the Film Production Tax Credit. This corporate welfare program cost New Mexico taxpayers $47 Million in FY2008. A study by the NMSU Office of Policy Analysis shows the "benefit" to taxpayers is about 15 cents on every dollar spent. Eliminating this program would save us $54 Million in FY2010. That is ten percent of the estimated budget shortfall. On Friday, I was interviewed about this by a reporter with the Santa Fe New Mexican. The article is here:
http://www.santafenewmexican.com/Local%20News/Film-turf-war
Keep in Touch!
It is important that I hear from you about legislation, both good and bad. Input from firefighters around our area equipped me to work with other legislators against a bad bill that would drain dollars out of the "Fire Protection Fund." We were outnumbered, but it is hoped that it will be stopped in the Appropriations Committee.
Local input is critical and needed in order for good legislation to pass and for bad legislation to be killed. Soplease feel free to express your opinion, I personally read every e-mail and letter from constituents. Remember, I'm here working for you!
Sunday, February 15, 2009
Fourth Week in Santa Fe
Sad News
Last time I wrote that Rep. Gloria Vaughan’s (R-Otero) husband was very ill. Jim Vaughan passed away last weekend. They were married for 44 years. Rep. Vaughan has returned to the legislature and resumed her duties. The outpouring of sympathy and concern has been very inspiring. Rep. Vaughan and I share an office, and I have seen her moved to tears by the kindness shown her.
As most of you know the wife of Senator Tim Jennings (D-Chaves), Patty Jennings, passed away Saturday morning. I never met Patty Jennings, but I have heard many great things about her.
This is the third death of a legislator’s spouse this session. Rep. Mary Helen Garcia (D-Dona Anna) lost her husband just before the session started.
Carol and I ask that you join us in keeping these families in prayer.
The Death Penalty Debate
On Wednesday afternoon we had an extremely intense debate involving a number of legislators. I fully support the Death Penalty as an appropriate punishment. I spoke at length on this issue. I was surprised to discover my comments were the focus of an article in the Santa Fe New Mexican newspaper. The article is here (I would have preferred the word passionate instead of emotional):
www.santafenewmexican.com/Local%20News/Death-penalty-repeal-clears-N-M--House
The final vote was 40-28 in favor of Repeal (or Abolishment) of the Death Penalty and it was pretty much along party lines. I knew the numbers were against us from the beginning, but I gave it my best effort. I was honored to be told by a Representative who voted the other way that I had made “the decision harder.”
Budget Situation
Friday, February 13th (note Friday the 13th), new budget projections came out for FY2010. FY2010 starts July 1, 2009 and runs to June 30, 2010. The numbers are not good. I got to sit down with Mr. David Abbey, Director of the Legislative Finance Committee and his Chief Economist, Mr. Norton Francis for a personal briefing on the situation.
The total revenue collected for FY2008 (July 1, 2007 – June 30, 2008) was $6.062 Billion (that’s with a “B”). In December 2008 it was estimated that the revenue for the current year (FY2009) would be less and the projection for FY2010 was $5.733 Billion. Now FY2010 is even lower. The new figure for FY2010 is down to $5.488 Billion, $574 Million less than we had in FY2008.
Over the past six years this administration has been constantly increasing spending. Now New Mexico will have around 10% less money than last year. The citizens will have to deal with some painful cuts because of this reckless spending. It now seems very likely we will have NO capital outlay in FY2010. We don’t know when we will get out of this, but we must tighten our belts.
HB725
On Wednesday I introduced HB 725 which would repeal the film industry tax rebate. Right now, an expenditure in New Mexico by a movie company qualifies for a 25% rebate from the State. In other words, if a movie outfit spends $100 in New Mexico, they get $25 from the taxpayers of this state. A study by NMSU economists concluded that the state gets a return of about 15 cents for each taxpayer dollar spent. Not a good investment.
No other business or industry gets treated like this. No restaurant, no tire store, no dairy, no farm, no retail outlet, no oil field service outfit, no one. In FY2008 this rebate cost New Mexico $47 Million. I was uncomfortable with this was last year when times were good. Now it is indefensible. We cannot ask New Mexico citizens to accept cut backs in services and at the same time give millions to Hollywood movie moguls.
Last time I wrote that Rep. Gloria Vaughan’s (R-Otero) husband was very ill. Jim Vaughan passed away last weekend. They were married for 44 years. Rep. Vaughan has returned to the legislature and resumed her duties. The outpouring of sympathy and concern has been very inspiring. Rep. Vaughan and I share an office, and I have seen her moved to tears by the kindness shown her.
As most of you know the wife of Senator Tim Jennings (D-Chaves), Patty Jennings, passed away Saturday morning. I never met Patty Jennings, but I have heard many great things about her.
This is the third death of a legislator’s spouse this session. Rep. Mary Helen Garcia (D-Dona Anna) lost her husband just before the session started.
Carol and I ask that you join us in keeping these families in prayer.
The Death Penalty Debate
On Wednesday afternoon we had an extremely intense debate involving a number of legislators. I fully support the Death Penalty as an appropriate punishment. I spoke at length on this issue. I was surprised to discover my comments were the focus of an article in the Santa Fe New Mexican newspaper. The article is here (I would have preferred the word passionate instead of emotional):
www.santafenewmexican.com/Local%20News/Death-penalty-repeal-clears-N-M--House
The final vote was 40-28 in favor of Repeal (or Abolishment) of the Death Penalty and it was pretty much along party lines. I knew the numbers were against us from the beginning, but I gave it my best effort. I was honored to be told by a Representative who voted the other way that I had made “the decision harder.”
Budget Situation
Friday, February 13th (note Friday the 13th), new budget projections came out for FY2010. FY2010 starts July 1, 2009 and runs to June 30, 2010. The numbers are not good. I got to sit down with Mr. David Abbey, Director of the Legislative Finance Committee and his Chief Economist, Mr. Norton Francis for a personal briefing on the situation.
The total revenue collected for FY2008 (July 1, 2007 – June 30, 2008) was $6.062 Billion (that’s with a “B”). In December 2008 it was estimated that the revenue for the current year (FY2009) would be less and the projection for FY2010 was $5.733 Billion. Now FY2010 is even lower. The new figure for FY2010 is down to $5.488 Billion, $574 Million less than we had in FY2008.
Over the past six years this administration has been constantly increasing spending. Now New Mexico will have around 10% less money than last year. The citizens will have to deal with some painful cuts because of this reckless spending. It now seems very likely we will have NO capital outlay in FY2010. We don’t know when we will get out of this, but we must tighten our belts.
HB725
On Wednesday I introduced HB 725 which would repeal the film industry tax rebate. Right now, an expenditure in New Mexico by a movie company qualifies for a 25% rebate from the State. In other words, if a movie outfit spends $100 in New Mexico, they get $25 from the taxpayers of this state. A study by NMSU economists concluded that the state gets a return of about 15 cents for each taxpayer dollar spent. Not a good investment.
No other business or industry gets treated like this. No restaurant, no tire store, no dairy, no farm, no retail outlet, no oil field service outfit, no one. In FY2008 this rebate cost New Mexico $47 Million. I was uncomfortable with this was last year when times were good. Now it is indefensible. We cannot ask New Mexico citizens to accept cut backs in services and at the same time give millions to Hollywood movie moguls.
Sunday, February 8, 2009
Week Three in the State Capital
We have wrapped up our third week here in the State Capital. Things had seemed to have settled into a bit of a routine until Friday afternoon when the House Judiciary Committee, which I am on, had a hearing on a bill to Repeal the Death Penalty. Before I get into that, I want to share a few other highlights.EVENTS
Monday and Tuesday the current class of Leadership Roswell was in Santa Fe. Leadership Roswell is a great program, and I strongly urge anyone living in the Roswell area to consider applying for next year’s class. On Tuesday afternoon I got to speak to Leadership Roswell about my journey about being a member of the class eight years earlier to being a member of the State Legislature today.
Thursday was Ruidoso Day in Santa Fe, and I got to visit with many friends from the Ruidoso area that evening. I did not get to spend much time with the folks from Ruidoso because of my committee schedule.
Friday morning we learned that Representative Gloria Vaughn’s husband was very ill, and she had been taken back home by the State Police Thursday night. Gloria and I share an office, and for those of you who do not know her, she is a very gracious and sweet lady. Please keep her and her family in your prayers.
AROUND THE ROUNDHOUSE
As many of you have heard, the Senate Judiciary Committee had a vote on SB12, the Domestic Partnership Bill. It was a tie vote with one Senator absent. This matter could still come up again, but I have been told that the House will not have hearings on HB 21 unless or until SB 12 passes the Senate.
While social issues rightly have much, if not all, of the attention of the media and concerned citizens, the budget quietly looms over everything. On Tuesday the Capital Outlay Subcommittees stopped meeting. A “Solvency Bill” was passed to (supposedly) deal with FY 2009 (the current year) problems. I believe (as do many others) that years of reckless spending have placed us in this position. Our current problem has been “fixed” by cutting out some Capital Outlay (pork) and now we move on to address FY 2010. That shortfall has been reported to be $464 million, however, we are all awaiting new revenue projections due out Friday, February 13th. The word around the Roundhouse is that it will be bad news with the FY2010 shortfall much larger and the “solvency bill” needing to redone.
COMMITTEE SNAPSHOT
HEALTH and GOVERNMENT AFFAIRS:
We meet on Tuesdays, Wednesdays, and Thursdays starting at 8AM. The Chairperson is Representative Mimi Stewart (D-21). I will not attempt to summarize the numerous bills over three days, but a few of them stick out.
On Tuesday we heard HB228 which deals with nurse advice lines for health insurance companies. All health insurance companies have toll-free numbers customers can call for health advice or information. These call centers are manned by nurses and different insurance companies have them in different places. Multi-state insurance companies will consolidate their call centers in one location. This bill would have required the call centers to be located in New Mexico. The problem is there is only one nurse help line currently functioning in the State of New Mexico. It is called NurseAdvice New Mexico. As a result of this bill, all insurance companies would have had to contract with NurseAdvice. Needless to say, this caused a lot of concern on my part and other individuals on the committee. It eliminates competition. This bill was tabled (I seconded the motion to table), and I expect it will not come back up again this session.
Another bill was HB296 which would increase the population threshold to require the establishment of a Metro Court from 200,000 to 350,000. This bill was presented because some individuals in Dona Ana County do not want the county to convert to the Metro Court arrangement currently in place in Albuquerque. This bill also was tabled.
Finally let me mention HB295 which established a commission to encourage relationships between the State of New Mexico and the Mexican State of Sonora. This commission would include the governor, several cabinet secretaries, and nine public members. While there are no salaries for the public members, there are per diem costs associated with this commission. I could not support this bill because there are only twelve miles of common border between New Mexico and Sonora, and there are no ports of entry directly connecting the two states. In these tight economic times, this just seemed frivolous. I was the only one in opposition.
JUDICIARY COMMITTEE
This meets Monday, Wednesday, and Friday afternoons and is chaired by Representative Al Park (D-26). Representative Bill Rehm (R-31) presented HB28 which dealt with intimidation of criminal justice officials. Some of the Democrats on the committee were concerned about the scope of the bill, and Bill has been working with some committee members to get it resolved. I am hopeful that this bill will pass on Monday.
Most of the criminal justice bills have been fairly narrow in focus and not very controversial. On Wednesday, we had a joint meeting with the Senate Judiciary Committee that lasted about an hour and a half. The joint meeting was to hear a report from the Governor’s Commission on Prison Reform. This Commission had been meeting for over a year, and is comprised of twenty-one members. Much of the presentation was positive and informative, but I was concerned about the fact that the Commission was led by a former public defender, and had an additional public defender, a former inmate, and two prisoner advocates among its members. There were no victims’ advocates on this Commission.
Friday afternoon there were a number of bills presented in the Judiciary Committee. There was little controversy until we got to the one bill that we all knew would consume our energy and emotions.
DEATH PENALTY
Finally the Committee heard HB285 presented by Representative Gail Chasey which repeals the death penalty in the State of New Mexico. Currently the death penalty can only be sought in one of seven situations: if the victim is a police officer, a corrections officer, a prisoner, or a witness to a crime, or if the murder occurs in connection with a rape or kidnapping, or during an escape attempt. Also if it is a “murder for hire,” the death penalty is allowed. The committee room was the fullest I have ever seen it so far. The audience was overwhelmingly in support of repealing the death penalty. There were only two individuals in support of continuing the death penalty, and they were both district attorneys that I have gotten to know recently.
I was the third representative to speak, and I consumed the majority of the afternoon asking questions from Representative Chasey and her witnesses. I truly do not know how long this exchange lasted, somewhere between one and two hours, but I could not and did not keep track of the time. It would be impossible for me and boring for you if I tried to recap the entire presentation.
We finally got out around six o’clock, and the bill passed the committee. The four Republicans present, Representatives Bandy, Cook, Rehm, and myself all voted against the bill. Representative Vaughn was excused to be with her husband, and we were joined by Democrat Representative Cervantes. Truthfully I felt exhausted Friday night as if I had been in a titanic conflict with unseen forces. This was a struggle of emotion and deeply held convictions. I doubt if any minds were changed, but I could not (and will not) shrink from these types of battles.
Saturday morning, I checked my “askdennis@denniskintigh.com email” and found the following, humbling, note:
Dear Representative Kintigh:
I want to express my admiration to you for the questions you asked at this afternoon's hearing on the bill to repeal the death penalty. It was obvious that you had devoted considerable thought and research to the issue.
You hold very different opinions on the death penalty than I. I very strongly believe that the taking of a life ~ by an individual or governmental agency ~ is morally wrong. None-the-less, I respect your presentation and the points you expressed.
Thank you for the dedication you have shown to your elected position.
Sincerely,
xxxxx xxxxxxx
Santa Fe
Sunday, February 1, 2009
Second Week at the Round House
We have finished our first complete week of the sixty day session of the 49th Legislature of the State of New Mexico. Once again I’d like to say how very honored I am to have been chosen to be the representative of District 57.We have settled into a routine that will be probably relatively stable. I have been assigned to the judiciary committee and to the health and government affairs committee. The Judiciary Committee meets in the afternoon on Monday, Wednesday, and Fridays. The Health and Government Affairs Committee meets at 8AM on Tuesdays, Wednesdays and Thursdays. Both of these committees meet in Room 309 in the Round House. We have meetings of the House of Representatives everyday. At this point they begin around 10:30AM and they go through the lunch hour. This means my free times are Monday and Friday mornings, and Tuesday and Thursday afternoons.
My office is located in the Capitol North Building also referred to as the Annex. There is a covered walkway connecting the Annex with the Round House. My office is in Room 203I. I share an office with Representative Gloria Vaughn from Alamogordo. Our secretary is Whitney Hobson from Roswell. She’s part of the Hobson farming family. To call my office, the number is 505-986-4453. Anyone coming to Santa Fe is welcome to come visit.
This last week I introduced my first bill, House Bill 454, titled “An Act Relating to Public Access to Budget Information; Requiring Creation of a Searchable Budget Database with Public Access; Enacting the Budget Transparency Act.” This is a companion bill to one introduced in the Senate by Senator Sander Rue who is a freshman senator from Albuquerque. Briefly, the purpose of the bill is to require the state government to put all expenditures of state money on line in a format which is searchable through the Internet. In other words, you would be able to find out if a certain individual or company has received any payments from the state and how much those payments were, and when they were paid. To see an example of this in action, go to the State of Missouri website, http://www.mapyourtaxes.mo.gov/. The State of Missouri did this a couple of years ago and numerous other states are following suit.
Over the years, New Mexico has had its reputation harmed because of the numerous scandals involving public officials. Recently we were the butt of a joke by a late night talk show host, David Letterman. I believe, as does Senator Rue and many others, that the way to turn our reputation around is to bring transparency to state government. The bright light of day needs to shine into every corner of our state’s financial transactions. I believe this will go a long way towards accomplishing that objective.
Sunday, January 25, 2009
First Week in Santa Fe
On Tuesday, January 20, I had the tremendous honor of being sworn in as the Representative for District 57 in the New Mexico House of Representatives. My wife, Carol, was by my side holding my grandfather's Bible. Thank you for your support.
I have been assigned to the Judiciary and the Health & Government Affairs committees. I expect to be very busy this session.
My office is in Suite 203 in the Capitol North Building, also called the Capitol Annex. My office number is 505-986-4458. Please look me up if you come to Santa Fe.
I'll write more later...
Wednesday, September 10, 2008
OK--What happened????
OK what happened?
This blogging thing has turned out to be a lot more challenging than I thought—I am WAY behind!
First things first… In case you don’t know, we did win! For the hard numbers, go to:http://www.sos.state.nm.us/sos-2008PrimResults.html.
I do have an opponent in the general election whose name is Mary Francis Barron. You can find out more about my opponent if you go to the Roswell Daily Record web site http://www.roswell-record.com/ and select the politics category.
I hope to do a better job of blogging during the general election, so please check back often.
This blogging thing has turned out to be a lot more challenging than I thought—I am WAY behind!
First things first… In case you don’t know, we did win! For the hard numbers, go to:http://www.sos.state.nm.us/sos-2008PrimResults.html.
I do have an opponent in the general election whose name is Mary Francis Barron. You can find out more about my opponent if you go to the Roswell Daily Record web site http://www.roswell-record.com/ and select the politics category.
I hope to do a better job of blogging during the general election, so please check back often.
Friday, May 23, 2008
"Where is Dennis?"
You have probably been wondering "Where is Dennis?" because I have not added anything to this blog in ages. While the campaign has been very hectic, that is not the only reason. Right in the middle of the final month I have had to drop the campaign and return to my role of "crime fighter." I was subpoenaed to federal court to testify in a case from 13 years ago. The case was amazing in that it involved over 1100 pounds of cocaine, over a half a ton.
I spent a couple of days the week of May12th in Trial Preparation or "Trial Prep" at the U.S. Attorney's Office in Las Cruces. Then I returned to Las Cruces for a the trial which started May 19th. Now I am back in Roswell trying hard to play catch up with your calls, visits and e-mails. I owe people yard signs and will get them out while the supply lasts. I am working on the phone calls. Please be patient. I appreciate the offers of help. They mean a lot to me. Finally I will work on the e-mails. I will work to respond to your questions. Thanks again for your encouragement.
For those who want the details of this case, read on...
On June 1, 1995 units of the NMSP stopped two vehicles on hwy 70 about five miles west of Roswell. One vehicle was a Chevy S-10 Blazer pulling a Jayco pop-up trailer. The other was a blue Toyota pickup. The stop was the culmination of a multi-day surveillance by NMSP narcotics agents and Task Force officers from SE NM. The agents had been watching a residence in Las Cruces because they had developed information that a large load of cocaine would be transported from that location to Chicago. Officers watched the house for days and observed the coming and going of a number of people later identified as Richard Orosco, Danny Golay, Edwina Coddington, Rhonda Sieberlist and the boss Carlos Armendariz.
Armendariz was seen arriving at the residence (occupied by the others) driving a Chevy Celebrity accompanying a van driven by another person. The cocaine was in the van and was unloaded and sealed into fiberglass forms. These forms were then placed into the pop-up trailer and the group left late on the evening of May 31st. Surveillance observed the Toyota pickup in convoy with the load vehicle. It was a "scout vehicle" driven by Gerado Ocoha of Deming New Mexico.
When the vehicles were stopped at about 4:00 AM on Friday June 1st, the load vehicle was driven by Sieberlist and in the vehicle were Edwina Codding, her husband Richard Orosco, their 5 year old son and Danny Golay. Ochoa was alone in the "scout vehicle".
At 6:30 that morning I got a call from Agent K.C. Rogers, NMSP-Narcotics, who told me to come out to their office. He would not say why, "just come out." I came out and did not get home again until late Saturday evening. Once I got to the office and saw what they had, I contacted my DEA counterpart Special Agent Steve Woodson. My wife ended up bringing me an over night bag out at the state police office.
The load vehicle occupants, except for Sieberlist, admitted their involvement in the shipment. Sieberlist was Coddington's cousin and had been recruited to come on a trip without being told all the details. Based upon the statements of the others Siberlist was not charged. Ochoa denied any involvement.
K.C and the surveillance team were exhausted after five days of almost no sleep. At this point Steve Woodson and I headed to Las Cruces. This was fter we arranged to have the prisoners transported to Las Cruces and the dope hauled there too (by National Guard helicopter). Coddington made a consensually recorded call to Armendariz and told him they had been arrested. By this time Armendariz was back in Mexico where he would hide for the next 13 years.
When we arrived in Las Cruces we spent the night drafting search warrants for the house in Las Cruces and the home of the scout vehicle driver, 1312 Encanto Circle, Deming, NM. We also put together teams of agents to go to the two locations. I lead the team to Deming at 10:00AM Saturday morning. The team of DEA and FBI agents secured and searched the home of Gerado Ochoa. A number of records were seized but the two most important were a simple post-it note with "800" number and pin number for pagers used by the organization, as recorded in Coddington's address book and a rental unit contract for a self storage place in Mesa, AZ, in the name of Carlos Armnedariz.
Subsequently a search warrant was done on a trailer house used by Armendariz in Anthony, Texas. At that location fiberglass forms were found along with flatbed trailers with secret compartments in the bed. The fiberglass forms were designed to slip into the secret compartments.
Further investigation determined that Ochoa was encountered by law enforcement in Arkansas driving a red pickup (used previously by Richard Orosco) pulling flatbed trailers.
I spent a couple of days the week of May12th in Trial Preparation or "Trial Prep" at the U.S. Attorney's Office in Las Cruces. Then I returned to Las Cruces for a the trial which started May 19th. Now I am back in Roswell trying hard to play catch up with your calls, visits and e-mails. I owe people yard signs and will get them out while the supply lasts. I am working on the phone calls. Please be patient. I appreciate the offers of help. They mean a lot to me. Finally I will work on the e-mails. I will work to respond to your questions. Thanks again for your encouragement.For those who want the details of this case, read on...
On June 1, 1995 units of the NMSP stopped two vehicles on hwy 70 about five miles west of Roswell. One vehicle was a Chevy S-10 Blazer pulling a Jayco pop-up trailer. The other was a blue Toyota pickup. The stop was the culmination of a multi-day surveillance by NMSP narcotics agents and Task Force officers from SE NM. The agents had been watching a residence in Las Cruces because they had developed information that a large load of cocaine would be transported from that location to Chicago. Officers watched the house for days and observed the coming and going of a number of people later identified as Richard Orosco, Danny Golay, Edwina Coddington, Rhonda Sieberlist and the boss Carlos Armendariz.
Armendariz was seen arriving at the residence (occupied by the others) driving a Chevy Celebrity accompanying a van driven by another person. The cocaine was in the van and was unloaded and sealed into fiberglass forms. These forms were then placed into the pop-up trailer and the group left late on the evening of May 31st. Surveillance observed the Toyota pickup in convoy with the load vehicle. It was a "scout vehicle" driven by Gerado Ocoha of Deming New Mexico.
When the vehicles were stopped at about 4:00 AM on Friday June 1st, the load vehicle was driven by Sieberlist and in the vehicle were Edwina Codding, her husband Richard Orosco, their 5 year old son and Danny Golay. Ochoa was alone in the "scout vehicle".
At 6:30 that morning I got a call from Agent K.C. Rogers, NMSP-Narcotics, who told me to come out to their office. He would not say why, "just come out." I came out and did not get home again until late Saturday evening. Once I got to the office and saw what they had, I contacted my DEA counterpart Special Agent Steve Woodson. My wife ended up bringing me an over night bag out at the state police office.
The load vehicle occupants, except for Sieberlist, admitted their involvement in the shipment. Sieberlist was Coddington's cousin and had been recruited to come on a trip without being told all the details. Based upon the statements of the others Siberlist was not charged. Ochoa denied any involvement.K.C and the surveillance team were exhausted after five days of almost no sleep. At this point Steve Woodson and I headed to Las Cruces. This was fter we arranged to have the prisoners transported to Las Cruces and the dope hauled there too (by National Guard helicopter). Coddington made a consensually recorded call to Armendariz and told him they had been arrested. By this time Armendariz was back in Mexico where he would hide for the next 13 years.
When we arrived in Las Cruces we spent the night drafting search warrants for the house in Las Cruces and the home of the scout vehicle driver, 1312 Encanto Circle, Deming, NM. We also put together teams of agents to go to the two locations. I lead the team to Deming at 10:00AM Saturday morning. The team of DEA and FBI agents secured and searched the home of Gerado Ochoa. A number of records were seized but the two most important were a simple post-it note with "800" number and pin number for pagers used by the organization, as recorded in Coddington's address book and a rental unit contract for a self storage place in Mesa, AZ, in the name of Carlos Armnedariz.
Subsequently a search warrant was done on a trailer house used by Armendariz in Anthony, Texas. At that location fiberglass forms were found along with flatbed trailers with secret compartments in the bed. The fiberglass forms were designed to slip into the secret compartments.Further investigation determined that Ochoa was encountered by law enforcement in Arkansas driving a red pickup (used previously by Richard Orosco) pulling flatbed trailers.
Ochoa took us to trial (everyone else pled guilty), and I was on the stand a total of almost eight hours spread over two days as the defense tried to suppress the search. The court upheld the search and Ocoha was convicted.
This became the beginning of a series of cases involving me, K.C. Rogers - NMSP and Steve Woodson - DEA. We worked with other guys from local task forces and we each had separate cases but the three of us from different agencies really clicked. Eventually Steve transferred to Wyoming, K.C. retired and then I retired. Suddenly from out of the blue Carlos Armendariz pops up and is arrested entering the U.S. (he is a U.S. Citizen by birth).
Steve, K.C and I all get called back to court. We spent days last week in trial prep and then the trial began Monday, May 19th. We all testified and Carlos was convicted.
This became the beginning of a series of cases involving me, K.C. Rogers - NMSP and Steve Woodson - DEA. We worked with other guys from local task forces and we each had separate cases but the three of us from different agencies really clicked. Eventually Steve transferred to Wyoming, K.C. retired and then I retired. Suddenly from out of the blue Carlos Armendariz pops up and is arrested entering the U.S. (he is a U.S. Citizen by birth).
Steve, K.C and I all get called back to court. We spent days last week in trial prep and then the trial began Monday, May 19th. We all testified and Carlos was convicted.
Tuesday, April 29, 2008
Comments and E-mails
We are a bit new to this "blog thing," but we have come to realize that if you send us a comment about a blog entry, we are unable to respond directly to you.
If, however, you send us an e-mail through "Ask Dennis," we can respond to your question, and we can also update the blog if it's something that might be of interest to others as well.
To summarize, if you wish to communicate a question to us, please use "Ask Dennis," but if you wish to just make a comment about a blog, continue to use the "comment" entry at the end of the blog.
I really appreciate your sending me questions and comments. It helps me to know what the concerns are that you, the voters, have. Ultimately, you are the people to whom we (the elected officials) are accountable.
If, however, you send us an e-mail through "Ask Dennis," we can respond to your question, and we can also update the blog if it's something that might be of interest to others as well.
To summarize, if you wish to communicate a question to us, please use "Ask Dennis," but if you wish to just make a comment about a blog, continue to use the "comment" entry at the end of the blog.
I really appreciate your sending me questions and comments. It helps me to know what the concerns are that you, the voters, have. Ultimately, you are the people to whom we (the elected officials) are accountable.
Saturday, April 26, 2008
Deadbeat Dads
The other day I got an e-mail question about "deadbeat" Dads. Curiously the question began with a reference to "Government Regulation" and my belief that everyone is accountable for their actions. Fundamentally personal accountability is not a "government issue," it is a "moral" issue.
It is incredible the amount of pain and misery caused by men who will not be MEN. One of the most powerful books I have read is Wild at Heart by John Eldredge. Eldredge puts forth the premise that a true man does not run away and abandon his wife and children nor is the true man a door mat. Eldredge writes that "in the heart of every man is a desperate desire for a battle to fight, an adventure to live, and a beauty to rescue."
In his chapter on "A Beauty to Rescue" is this paragraph:
"If the man refuses to offer himself, then his wife will remain empty and barren. A violent man destroys with his words; a silent man starves his wife. 'She's wilting,' a friend confessed to me about his new bride. 'If she's wilting then you're withholding something,' I said. Actually, it was several things--his words, his touch, but mostly his delight. There are so many other ways this plays out in life. A man who leaves his wife with the children and the bills to go and find another, easier life has denied them his strength. He has sacrified them when he should have sacrified his strength for them. What makes Maximus (from the movie Gladiator) or William Wallace (Braveheart) so heroic is simply this: They are willing to die to set others free."
When the high school seniors from our youth group graduate in May, I will give a copy of Wild at Heart to each of the young men. If you are a man, you should read this book.
If you are the wife of a man, give this book to him. If you are the mother of young boys, you might try reading this yourself. Be warned--there will be much you will not comprehend or like. In the first chapter, this passage appears:
"A judge in his sixties, a real southern gentleman with a pin-striped suit and an elegant manner of speech, pulled me aside during a conference. Quietly, almost apologetically, he spoke of his love for sailing, for the open sea, and how he and a buddy eventually built their own boat. Then came a twinkle in his eye. 'We were sailing off the coast of Bermuda a few years ago, when we were hit by a northeaster (a raging storm). Really, it came up out of nowhere. Twenty-foot swells in a thirty-food hoomemade boat. I thought we were all going to die.' A pause for dramatic effect, and then he confessed, 'It was the best time of my life.'"
Most women will be confused--most men will understand immediately.
The ultimate point is that men have an inherent NEED to be AUTHENTIC men. When they fail to be that for their children, they should be held accountable by the state, their community and the culture as a whole.
It is incredible the amount of pain and misery caused by men who will not be MEN. One of the most powerful books I have read is Wild at Heart by John Eldredge. Eldredge puts forth the premise that a true man does not run away and abandon his wife and children nor is the true man a door mat. Eldredge writes that "in the heart of every man is a desperate desire for a battle to fight, an adventure to live, and a beauty to rescue."In his chapter on "A Beauty to Rescue" is this paragraph:
"If the man refuses to offer himself, then his wife will remain empty and barren. A violent man destroys with his words; a silent man starves his wife. 'She's wilting,' a friend confessed to me about his new bride. 'If she's wilting then you're withholding something,' I said. Actually, it was several things--his words, his touch, but mostly his delight. There are so many other ways this plays out in life. A man who leaves his wife with the children and the bills to go and find another, easier life has denied them his strength. He has sacrified them when he should have sacrified his strength for them. What makes Maximus (from the movie Gladiator) or William Wallace (Braveheart) so heroic is simply this: They are willing to die to set others free."
When the high school seniors from our youth group graduate in May, I will give a copy of Wild at Heart to each of the young men. If you are a man, you should read this book.
If you are the wife of a man, give this book to him. If you are the mother of young boys, you might try reading this yourself. Be warned--there will be much you will not comprehend or like. In the first chapter, this passage appears:
"A judge in his sixties, a real southern gentleman with a pin-striped suit and an elegant manner of speech, pulled me aside during a conference. Quietly, almost apologetically, he spoke of his love for sailing, for the open sea, and how he and a buddy eventually built their own boat. Then came a twinkle in his eye. 'We were sailing off the coast of Bermuda a few years ago, when we were hit by a northeaster (a raging storm). Really, it came up out of nowhere. Twenty-foot swells in a thirty-food hoomemade boat. I thought we were all going to die.' A pause for dramatic effect, and then he confessed, 'It was the best time of my life.'"
Most women will be confused--most men will understand immediately.
The ultimate point is that men have an inherent NEED to be AUTHENTIC men. When they fail to be that for their children, they should be held accountable by the state, their community and the culture as a whole.
Friday, April 4, 2008
The Definition of Marriage
Recently I received an e-mail question about my position on the definition of marriage. It is sad that the question even needs to be asked. My Webster's unabridged dictionary defines it as "the state of being united to a person of the opposite sex as husband or wife." That pretty much sums it up in my mind: one man--one woman, united.
I wonder if this attempt to redefine marriage is due in part to the devaluing of marriage that we have witnessed in our culture. Truthfully we must work at marriage. We all tend to be selfish and self-centered. Success in marriage requires us to not be so self-absorbed. Carol and I have made a commitment to work on our marriage. Beginning in 1994 we started attending Fall Festival of Marriage conferences (now called Festival of Marriage) put on by the Southern Baptist Convention. These are held in numerous locations around the country. Check out the website:
We also have read some great books on marriage relationships including His Needs Her Needs, The Five Love Languages, and Love and Respect. I recommend all three of these books, and suggest reading them together with your spouse.
As a society we need to value marriage. We need to hold it in high regard. Healthy marriages produce healthy families which produce healthy children who turn into well-balanced successful adults.
Having written this, you probably assume I am a skilled husband. That, however, is not the case. Recently I had fallen into a pattern of selfishness. It brought home the fact that just because one has "head knowledge" does not mean one understands the concept or engages in that behavior. We all need "refreshers" training--me included!
I wonder if this attempt to redefine marriage is due in part to the devaluing of marriage that we have witnessed in our culture. Truthfully we must work at marriage. We all tend to be selfish and self-centered. Success in marriage requires us to not be so self-absorbed. Carol and I have made a commitment to work on our marriage. Beginning in 1994 we started attending Fall Festival of Marriage conferences (now called Festival of Marriage) put on by the Southern Baptist Convention. These are held in numerous locations around the country. Check out the website:
This year over the weekend of April 11-13 we will be involved in supporting a Marriage Enrichment weekend put on by Grace Community Church in Roswell.
We also have read some great books on marriage relationships including His Needs Her Needs, The Five Love Languages, and Love and Respect. I recommend all three of these books, and suggest reading them together with your spouse. As a society we need to value marriage. We need to hold it in high regard. Healthy marriages produce healthy families which produce healthy children who turn into well-balanced successful adults.
Having written this, you probably assume I am a skilled husband. That, however, is not the case. Recently I had fallen into a pattern of selfishness. It brought home the fact that just because one has "head knowledge" does not mean one understands the concept or engages in that behavior. We all need "refreshers" training--me included!
Wednesday, March 19, 2008
My Link to the Republican Party
Where does one begin their first blog? Here I am running for public office as a Republican seeking my party's nomination for a State Representative seat. Some people might wonder about my commitment to the Republican party. They might ask, "Who is this Dennis Kintigh, and why have we not seen him in party activities?" The answer is that my career as an FBI agent prevented me from being involved in partisan politics. My family has been tied to the Republican party for many generations. I guess one could say we've been Republicans since there was a Republican party.
This gentleman to the left is my father's grandfather. I never met the man as the generations in my family are a bit spread apart (my father was 47 when I was born, and his father was 38 when he was born). If my father was alive today, he would be turning 103 in May. My great grandfather was George Weddell. He was a farmer in Western Pennsylvania, and in 1861 he enlisted in the Union Army. George Weddell rose to the rank of corporal in the 105th Pennsylvania Infantry regiment. He served with distinction in many terrible battles. 
His regiment was part of Sickle's III Corp, and fought at Chancellorsville, and at Gettysburg. On the second day at Gettysburg, the III Corp was on the left side of the Union line. George Weddell's regiment was in the Peach Orchard. In the picture to the right, I am pointing to George Weddell's name where it appears on the plaque for his regiment at the Pennsylvania Monument on the grounds of Gettysburg. I cannot begin to imagine the horror this man witnessed. My father was a young man in college in the mid-1920's and told me that "Grandpa Weddell" used to have reunions of his Army buddies at his farm in the summertime. How fortunate my father was to have known such heroes, but in reality we have heroes walking among us today. They are the men who have volunteered to serve their country in a time of war. I urge everyone to express thanks to any serviceman they meet.
If you get the opportunity, you should visit Gettysburg. Before you go, I would strongly suggest you read Bruce Catton's Glory Road. It is the second volume in his trilogy on the Army of the Potomac. After you read the section on Gettysburg, and walk the grounds, you cannot leave that place without being moved.
George Weddell is not my only ancestor to wear Union Blue. I can count at least eight great great uncles who served. One was Anthony Kintigh of the 15th Pennsylvania Cavalry. Anthony was killed in a skirmish just prior to the Battle of Stone's River. Just over four years later, his nephew, my grandfather, was born.
This gentleman to the left is my father's grandfather. I never met the man as the generations in my family are a bit spread apart (my father was 47 when I was born, and his father was 38 when he was born). If my father was alive today, he would be turning 103 in May. My great grandfather was George Weddell. He was a farmer in Western Pennsylvania, and in 1861 he enlisted in the Union Army. George Weddell rose to the rank of corporal in the 105th Pennsylvania Infantry regiment. He served with distinction in many terrible battles. 
His regiment was part of Sickle's III Corp, and fought at Chancellorsville, and at Gettysburg. On the second day at Gettysburg, the III Corp was on the left side of the Union line. George Weddell's regiment was in the Peach Orchard. In the picture to the right, I am pointing to George Weddell's name where it appears on the plaque for his regiment at the Pennsylvania Monument on the grounds of Gettysburg. I cannot begin to imagine the horror this man witnessed. My father was a young man in college in the mid-1920's and told me that "Grandpa Weddell" used to have reunions of his Army buddies at his farm in the summertime. How fortunate my father was to have known such heroes, but in reality we have heroes walking among us today. They are the men who have volunteered to serve their country in a time of war. I urge everyone to express thanks to any serviceman they meet.
If you get the opportunity, you should visit Gettysburg. Before you go, I would strongly suggest you read Bruce Catton's Glory Road. It is the second volume in his trilogy on the Army of the Potomac. After you read the section on Gettysburg, and walk the grounds, you cannot leave that place without being moved.
George Weddell is not my only ancestor to wear Union Blue. I can count at least eight great great uncles who served. One was Anthony Kintigh of the 15th Pennsylvania Cavalry. Anthony was killed in a skirmish just prior to the Battle of Stone's River. Just over four years later, his nephew, my grandfather, was born.
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