Inside the Capitol

Thursday, January 31, 2013

2-3 The GOP is not dead

20313 GOP

SANTA FE – Is the GOP dead? Not on your life. Yes, demography and Barack Obama's campaign machine are creeping up on Republicans. But before I get into the whys, I want to talk about the whats.
Remember the aftermath of the 2008 elections? The Obama war machine, also called a ground game, swept many candidates into office. Democrat Harry Teague even won New Mexico's 2nd Congressional district. Democrats had control of top state and national offices.
There were so many Republican defeats just four years ago that many in my business were writing the party's epilogue. There was no foreseeable way for Republicans to come back.
Until six months later, that is. In the summer of 2009, Obama started talking about health care and everything turned around. And in the 2010 elections, Democrats lost heavily up and down the ballot.
It was the perfect time for Republicans to win. They got to redesign state and national legislative and congressional districts. It has been said that had Republican legislators not have redesigned congressional districts; Democrats would have taken back control of the U.S. House in 2012.
Meanwhile the GOP had grown an appendage on its right, called a Tea Party. New groups always are welcomed but this group thought Republicans needed as much reforming as Democrats. And thus old Republican warhorses started getting beaten by the right flank.
The effect of the Tea Party has been to draw GOP primary election candidates, many of them incumbents, so far to the right in the primaries that they can't get far enough back towards the middle to win a general election.
As Republicans were being dragged to the right, Hispanic voters began to be a significant part of the electorate. GOP leaders realized they had to begin playing nice with these folks.
The result was a comprehensive immigration proposal crafted by a bipartisan "Gang of 8" and similar to a Bush era proposal which had lost narrowly in 2007.
The main difference is that the emphasis of this proposal is an enforcement section that requires every border governor to certify that the border of that state is secure. Only then can implementation of the rest of the act be undertaken.
California Gov. Jerry Brown, a Democrat, is likely to certify his border is safe. Texas Gov. Rick Perry, a Republican, may go along rather quickly. Texas has been forward looking in its relations with Mexico. It has its own Dream Act and violence in all border cities from Texas to California is down.
That leaves our Gov. Susana Martinez and Arizona Gov. Jan Brewer. Gov. Martinez might be willing to talk. She has recently said she might sign a driver's license compromise similar to Utah's undocumented worker law providing driving privileges but not identification.
Forget about Gov. Brewer. Even with her home state senior Sen. John McCain being the person who put the Gang of 8 together and kept it together, it is likely Gov. Brewer still will see non-existent headless bodies along the border.
Since Obama became president, more has been done for border security than for any other item in the current proposal. But border security remains the most difficult item in the package.
The day after the bipartisan group made its proposal, President Obama spoke on the issue in Las Vegas, NV. He made some points this column has made before. Unless you are American Indian, we all are immigrants and there always is prejudice to overcome every time a new group arrives. All of us were in one of those groups at one time.
The business community could help significantly in passing immigration reform. (Have you ever noticed
when any change is sought in a bill, it is called "reform," regardless of whether it strengthens or weakens a law?)
Business needs immigrant labor because they will do jobs others won't.
This time Hispanic immigrants are expected to get more Republican votes because Republicans need those votes at election time.

Wednesday, January 30, 2013

2-1 Your Guns are Safe

20113 2nd Amendment

SANTA FE – As expected, guns and illegal aliens are packing the agendas of both the New Mexico state Legislature and Congress. I'm predicting modest success on the immigration front and little or no change on gun regulation.
Today we'll talk about some of the gun legislation we're hearing about.
I have some questions about what all this pro- and anti-gun activity means. The 2nd Amendment, for instance, always has given me trouble.
It's not that I have anything against guns. I don't own one but many people do. That's fine with me as long as they handle them responsibly.
My problem with the 2nd Amendment is that it is written so differently from the other nine amendments in the Bill of Rights. It is the only amendment the framers felt necessary to justify.
Whereas the 1st Amendment directly states five different freedoms, the second amendment beats around the bush to declare one freedom.
It begins with a dependent clause explaining that a well-regulated militia is necessary for the security of a free state. One could infer that Congress is telling the states to keep their militias well regulated in case England or some other country decides to attack us.
What militias was congress talking about at that time in history? I've seen it explained that the county police that patrolled the plantations to keep the slaves in line were called slave militias.

I've also been told that by 1791, when the Bill of Rights was ratified some state militias were claiming they won the Revolutionary War, instead of George Washington's troops.
And why do they talk about the security of a free state? Yes, the word "state" also can refer to a nation but states were extremely covetous of their power back then and wouldn't seem likely to refer to their union of states as a state.
It appears to me that the wording and meaning of amendment must have been controversial and required numerous compromises to fashion something acceptable to the 13 states.
I'm also rather sure that the U.S. Supreme Court has looked at these questions often enough to clarify this amendment.
When I look at the long lines of people wanting to buy guns, I think of similar lines of job seekers desperate for employment at any pay.
The most popular guns are the biggest and most expensive, not the little things you put in your nightstand for protection. It is obvious many people still can afford the very best.
The long lines to buy guns are due to a fear that someone is going to come take them. If you fear that your guns will be taken, why buy more? Won't they be taken too?
And who is it that is going to take everyone's guns? The answer usually is "Obama." According to those "in the know," President Obama was going to take them as soon as he was elected. Now, it is early in his second term.
Here's what I think. The gun manufacturers and dealers have most of the nation hoodwinked. The more they can scare people that the government is their enemy, the more guns they can sell. The more gun control bills that are introduced into Congress or state legislatures, the more guns they will sell. The plan is ingenious and it is working perfectly.
The most beautiful part of the entire plan is that with the exception of a few cities that have unworkable gun laws, nothing is going to happen at the state or national level. Guns are never going to be outlawed. It would take all three branches of government to make it happen.
The pure and simple fact is that if you want to live in America, you have to realize we are still a Wild West country where a majority of people love their guns and John Wayne and Ronald Reagan reign supreme.

Tuesday, January 29, 2013

No column for Wed. 1/30

Just got my computer working again.

Friday, January 25, 2013

1-28 Udall makes Mark on Washington [ REVISED]

12813 filibusters

SANTA FE – What happened to the big filibuster reform New Mexico's U.S. Sen. Tom Udall was going to introduce on the first day of this session of Congress?
We were told that the motion had to be acted on during the first day of a congressional session when changes to a chamber's operating rules are in order and can be changed by majority vote rather than the 60 percent vote so often required these days.
The answer is that Udall got his rule change introduced with 14 cosponsors, including New Mexico's new senator, Martin Heinrich. The rules change awaited action for three weeks because the legislative day never changed.
How could that be? Congress and many state legislatures have rules requiring a waiting period between certain actions on bills. But sometimes they want to rush a bill through so they save some legislative days early in a session.
Legislative days in New Mexico begin and end at noon – theoretically. In actuality, they begin and end when the speaker of the House or majority floor leader of the Senate deems it convenient for moving bills along. It is called "rolling the clock."
The majority leader of the chamber will rise and say, "It now being 11:59 of the 1st legislative day, I move we adjourn until 12:01 of the 2nd legislative day.
During the approximate two minutes in between, all the necessary motions for moving to the next day are made, including "I move that the prayer for today be the prayer for tomorrow." The motion really isn't necessary because every session begins with a prayer by a pastor of a local church. In Congress it is a permanent job.
U.S. Sen. Harry Reid may have set some sort of record this year by extending the first legislative day for three weeks. Reid says he expanded the first day in order to create some time for negotiation on filibuster reform. Both sides are moving gingerly because the same rules also will apply when the power changes in the Senate.
Sen. Reid was anxious to move on so he took over the Senate Demoratic negotiations, meaning Udall and the other co-sponsors had nothing to day.
The result wsas a weak ompromise affecting only a few points but Udall and friends accepted it as being better than the last time they tried.
The change in filibuster rules won't have Udall's name attached to it. Reid redesign it to fit his needs. Udall's name won't be attached to any filibuster decision in Washington. Sen. Reid likely will get the credit, or blame.
Mention of Udall's name most often occurs in Washington these days in connection with an appointment as secretary of the Interior Department, replacing retiring Ken Salazar of Colorado. Udall's father Stewart Udall served as Interior secretary in the Jack Kennedy and Lyndon Johnson administrations. The Washington Post reports that Salazar has suggested Udall's appointment.
Favorable comments are being made about the possibility of a Tom Udall appointment in Washington but it won't happen. New Mexico's Republican Gov. Susana Martinez would appoint Udall's replacement until the 2014 elections.
Martinez would be certain to appoint a Republican. With the Democratic U.S. Senate margin so tight, the switch of a seat from Democratic to Republican could affect the outcome of some votes. New Mexico Democrats would prefer to see New Mexico's retiring Sen. Jeff Bingaman receive the appointment since that wouldn't destroy the political balance.
But Bingaman isn't likely to want the appointment and probably wouldn't get it anyway. Much has been said about President Obama's all-white male appointments to his cabinet. Look for female, minority or gay appointees to many of the remaining spots.
Udall likely is right where he wants to be. A cabinet appointment would last only four years. His career in the U.S. Senate could be much longer. And he already is on the coveted Senate Appropriations Committee.

1-28 COLUMN REVISION

I'll get out a revision soon. Sen. Harry Reid finally did a little something with Tom Udall's bill.

Thursday, January 24, 2013

1-28 Filibuster change follows weird route

12813 filibusters

SANTA FE – What happened to the big filibuster reform New Mexico's U.S. Sen. Tom Udall was going to introduce on the first day of this session of Congress?
We were told that the motion had to be acted on during the first day of a congressional session when changes to a chamber's operating rules are in order and can be changed by majority vote
The answer is that Udall got his rule change introduced with 14 cosponsors, including New Mexico's new senator, Martin Heinrich. The rules change still is awaiting action because this still is the first legislative day.
How could that be? Congress and many state legislatures have rules requiring a waiting period between certain actions on bills. But sometimes they want to rush a bill through so they save some legislative days early in a session.
Legislative days in New Mexico begin and end at noon – theoretically. In actuality, they begin and end when the speaker of the House or majority floor leader of the Senate deems it convenient for moving bills along. It is called "rolling the clock."
The majority leader of the chamber will rise and say, "It now being 11:59 of the 1st legislative day, I move we adjourn until 12:01 of the 2nd legislative day.
During the approximate two minutes in between, all the necessary motions for moving to the next day are made, including "I move that the prayer for today be the prayer for tomorrow." The motion really isn't necessary because every session begins with a prayer by a pastor of a local church. In Congress it is a permanent job.
U.S. Sen. Harry Reid may have set some sort of record this year by extending the first legislative day for almost a month now. Reid says he is expanding the first day in order to create some time for negotiation on filibuster reform. Both sides are moving gingerly because the same rules also will apply when the power changes in the Senate.
Sen. Reid is anxious to move on and says if agreement is not reached soon, he will go ahead. He hasn't said what that means. By the time you read this, something may have happened. It could mean Udall's bill will have been acted upon.
But if a change in filibuster rules does occur. It probably won't have Udall's name attached to it. Reid likely will redesign it to fit his needs.
Udall's name usually isn't attached to any filibuster discussions in Washington. Sen. Reid likely will get the credit, or blame.
Mention of Udall's name most often occurs in Washington in connection with an appointment as secretary of the Interior Department, replacing retiring Ken Salazar of Colorado. Udall's father Stewart Udall served as Interior secretary in the Jack Kennedy and Lyndon Johnson administrations. The Washington Post reports that Salazar has suggested Udall's appointment.
Favorable comments are being made about the possibility of a Tom Udall appointment in Washington but it won't happen. New Mexico's Republican Gov. Susana Martinez would appoint Udall's replacement until the 2014 elections.
Martinez would be certain to appoint a Republican. With the Democratic U.S. Senate margin so tight, the switch of a seat from Democratic to Republican could affect the outcome of some votes. New Mexico Democrats would prefer to see New Mexico's retiring Sen. Jeff Bingaman receive the appointment since that wouldn't destroy the political balance.
But Bingaman isn't likely to want the appointment and probably wouldn't get it anyway. Much has been said about President Obama's all-white male appointments to his cabinet. Look for female, minority or gay appointees to many of the remaining spots.
Udall likely is right where he wants to be. A cabinet appointment would last only four years. His career in the U.S. Senate could be much longer. And he already is on the coveted Senate Appropriations Committee.

Tuesday, January 22, 2013

1-25 Gov. needs to establish closer relationships

12513 relationships w/leg

SANTA FE – In less than a week, Gov. Susana Martinez and President Barack Obama laid out their plans for the future. Public reactions to both were an attitude of how do you ever figure on selling that to your legislative branch of government.
It's a good question. Neither Martinez nor Obama are good at developing close personal relationships with their political friends or enemies.
Obama was the first president in a long time to go to Capitol Hill to present his side of an issue. Later he played golf and had discussions with John Boehner, the Republican speaker of the House. Neither effort got him anywhere.
After being criticized for being inaccessible to both Democrats and Republicans during her first year in office, Martinez made a point of inviting every lawmaker to her office during the following year's session. It didn't work. Reports indicate Martinez would talk only about her priorities and had no time to listen to concerns of others.
Things are going to have to change. A poll showed during the past presidential campaign that potential voters like a candidate with whom they would feel comfortable sitting down over a beer and talking. Obama won that poll hands down.
Interestingly, for years ago, without knowledge of such a public feeling, I made a similar decision about John McCain because I felt Obama was aloof. I was reluctant to reveal that feeling because I figured my readers would expect a somewhat deeper analysis than that from me.
But feelings count and people evidently feel warmer toward Obama now. I don't. I know we could talk basketball and who will make the final four. I know he invited two guys having a disagreement to sit down on the back portico of the White House with him and have a beer. I guess that worked out.
And I know Obama had a circle of friends in Chicago with whom he played basketball regularly. But I still don't feel he has the personality necessary to bring enough Democrats and Republicans together to pass the bold initiatives he spoke of in his second inaugural speech.
Bill Clinton could have done it. He's the master. He had people at the White House almost every night he was in town. There were Republicans and Democrats and plenty of activities. Clinton passed so much major legislation during his second term that Democrats accused him of also passing all the Republican legislative priorities. They were pretty close to right.
One of the frequent nightly visitors to the White House was Bill Richardson. He may have learned some of the art of schmoozing from Clinton but it also came naturally. During his 14 years in Congress, Richardson hosted at least annual cocktail parties and dinners at local restaurants for the capitol press.
During his time as governor, Richardson kept the house full most evenings with people he was trying to influence – lawmakers, big donors and businesses he was trying to attract to the state. We heard about the people in the movie business but there were others too.
Other governors have been good at schmoozing. Bruce King, Garrey Carruthers, Jerry Apodaca and David Cargo were among them. For those not familiar with politics of old, the list includes republicans and Democrats.
The difference is personal style. According to reports, President Obama enjoys spending quiet nights at home with his family. With his daughters reaching the age of wanting a little more socialization with friends, some Democratic leaders are hoping Obama will begin to get to know members of Congress better.
It has long been my thought that part of Congress' problem is that they don't get together on a personal basis. Maybe we should require them all to live in Washington and work five days a week.
The same advice would be good for Gov. Martinez. She evidently doesn't see much any legislators. Maybe she should entertain lawmakers and others more often.

Thursday, January 17, 2013

1-21 The Legislature is ready for Business.

12113 legis2

SANTA FE – The New Mexico House of Representatives quickly got organized for business last week. As usual, it took the Senate a little longer.
Although Rep. Ken Martinez, of Grants, is new to the job of House Speaker, his election by the full House on opening day, last Tuesday, seemed assured. That meant committee appointments could be planned and discussed for public announcement on Wednesday.
Over in the Senate, the selection of a president pro tem remained in doubt until the Senate convened at noon on Tuesday. Sen. Mary Kay Papen of Las Cruces had been saying for several days that her selection was a sure thing but it would have been bad form to start appointing committees before the Senate actually voted on opening day.
The primary power of the Senate president pro tem is the appointment of committees and their chairmen. The Senate majority leader controls the flow of business.
It is today that the Legislature starts working its way up toward high gear. The one exception is the House Appropriations and Finance Committee, which got the bill financing the session under way immediately.
People don't get paid until that bill has made its way through the House and Senate and is signed by the governor. Only once in my 50 years of experience up here has a governor ever vetoed the "Feed Bill." Gov. Toney Anaya was the culprit. Lawmakers retaliated by threatening to evict him from his Capitol offices.
The House Appropriations Committee began hearings on the General Appropriations Act last Thursday. Over the next month or more, the committee will bring every department and state agency, including the governor's office, to defend their budget requests.
In her opening remarks to lawmakers and assembled guests, Gov. Martinez stressed the need to attract private businesses in order to decrease our dependence on federal government money.
A word of caution however, we can't take our eye off our federal installations. The Energy Department and the Base Realignment and Consolidation folks are looking everywhere for cuts. The last time this happened, New Mexicans organized a powerful group to advocate New Mexico's case.
We'll need the same sort of effort again. We don't want to end up with another situation like the spaceport, in which a failure to promote ourselves for a period causes decision makers to forget about our state's resources.
One of the first topics to get attention this year is the package of constitutional amendments approved by voters at last November's general election. The amendments require educational qualifications for the five members of the state Public Regulation Commission and transfer some of the PRC's duties to other agencies.
The bills were prepared with the assistance of Think-New Mexico, a Santa Fe-based think tank which led the effort to get the constitutional amendments drafted and passed.
Introducing the legislation will be House Speaker Ken Martinez and House Republican leader, Tom Taylor.
The procession of New Mexico's five members of Congress to visit the Capitol and to speak to a joint session of the Legislature began last week with Rep. Steve Pearce from the 2nd Congressional District.
Missing for the first time in 30 years will be recently retired Sen. Jeff Bingaman. Bingaman's name has been mentioned as a successor to Ken Salazar, the retiring Secretary of the Interior Department.
Salazar, who is going back to his Colorado ranch, is a former U.S. Senator from Colorado. Secretaries of the Interior usually are from the West since that is where all the federal land is.
Also on the agenda for both the New Mexico Legislature and Congress are numerous gun control proposals, none of which are likely to pass because of the power of the gun makers and sellers. They have been making a fortune and become too powerful to touch.
The National Rifle Association is credited with the power but it is the manufacturers and dealers who provide the big bucks for political contributions.

Wednesday, January 16, 2013

1-18 Will PAPEN election help governor? RESEND

11813 Mary Kay

SANTA FE – The New Mexico Senate is being run by still another coalition. What causes such a thing to happen? And how will this coalition work out? Will it provide Gov. Susana Martinez an easier pathway for her prized legislation? Will it make the governor's 2014 reelection easier?
The new Senate president pro tem is Sen. Mary Kay Papen. She is from Las Cruces, as is our governor. Papen says they are longtime acquaintances and although they have had their differences, they never have been adversarial.
Papen describes herself as a fiscal conservative but a social moderate. She is a strong supporter of Sen. John Arthur Smith, of Deming, a fiscal conservative who chairs the Senate Finance Committee.
The New Mexico Legislature is not unfamiliar with cross-party coalitions running either the House or the Senate. Back in the late 1970s, a group of disenchanted Democrats joined with Republicans, who were the minority party, to form a coalition headed by a Democrat but run by Republicans.
It was called the Cowboy Coalition because most of the Democrats were from the southern part of the state. The atmosphere was not pleasant.
In the mid-1980s, Republicans in the Senate managed the same sort of coup, headed by Sen. Les Houston, a Democrat turned Republican. That coalition formed during a legislative session. Committee chairs were unceremoniously replaced during the middle of committee meetings. It happened to the late Sen. Frank Papen in the middle of a Senate Finance Committee meeting.
And now Papen's widow, Mary Kay, has engineered another overthrow. But this takeover is expected to be much more civil. It is likely to be similar to the overthrows of the last three Democratic Senate leaders.
Sen. Tim Jennings, a Roswell Democrat, lost the Democratic nomination for president pro tem of the Senate eight years ago but then went to Senate Republican leaders and obtained support for a coalition with several Democrats.
Jennings still called the shots as a Democrat. He appointed Democrats as committee chairs. Relationships of the two parties were cordial. Republicans said they just preferred being led by a moderate-conservative Democrat rather than one they felt was more liberal.
The other time Republicans and a few Democrats teamed up to override the choice of the Democratic caucus was to oust Sen. Manny Aragon, with whom some Democrats, both liberals and conservatives, had grown tired.
Papen's appeal may be similar to that of Jennings, in which case the Senate will proceed normally. But some Democrats fear Papen will provide too much support to the governor in getting her proposals through the Senate, thereby assisting in her 2014 reelection.
By the time the pro tem race got to the floor, Papen had convinced the leadership that she had the support of all Republicans plus at least five Democrats.
So instead of fighting it out in public, Sen. Pete Campos, the choice of the Democratic caucus, nominated Papen. Her unanimous election means the Democratic defections never will be known for sure.
The unusual opening day began at noon. Soon after, legislative leaders were informed that their much-heralded webcasting system did not work. People looking for a computer connection to watch the pro tem battle in the Senate got nothing but a black screen.
The fix finally came just as Gov. Martinez was beginning her opening day speech. No, it wasn't a sneaky trick from the governor's office. The Legislature is the landlord of the Capitol.
One early report announced that Sen. Papen is the first woman to serve as president pro tem of the Senate. That was soon corrected to state that Louise Coe of Lincoln County was pro tem from 1935 to 1940.
Coe wrote a very interesting review of her 15 years of legislative experience. The book certainly could be termed a tell-all because she was amazingly candid, even about very personal matters. The 1981 book is titled, "Lady and the Law Books"

1-18 Will Paper election help governor?

11813 Mary Kay

SANTA FE – The New Mexico Senate is being run by still another coalition. What causes such a thing to happen? And how will this coalition work out? Will it provide Gov. Susana Martinez an easier pathway for her prized legislation? Will it make the governor's 2014 reelection easier?
The new Senate president pro tem is Sen. Mary Kay Papen. She is from Las Cruces, as is our governor. Papen says they are longtime acquaintances and although they have had their differences, they never have been adversarial.
Papen describes herself as a fiscal conservative but a social moderate. She is a strong supporter of Sen. John Arthur Smith, of Deming, a fiscal conservative who chairs the Senate Finance Committee.
The New Mexico Legislature is not unfamiliar with cross-party coalitions running either the House or the Senate. Back in the late 1970s, a group of disenchanted Democrats joined with Republicans, who were the minority party, to form a coalition headed by a Democrat but run by Republicans.
It was called the Cowboy Coalition because most of the Democrats were from the southern part of the state. The atmosphere was not pleasant.
In the mid-1980s, Republicans in the Senate managed the same sort of coup, headed by Sen. Les Houston, a Democrat turned Republican. That coalition formed during a legislative session. Committee chairs were unceremoniously replaced during the middle of committee meetings. It happened to the late Sen. Frank Papen in the middle of a Senate Finance Committee meeting.
And now Papen's widow, Mary Kay, has engineered another overthrow. But this takeover is expected to be much more civil. It is likely to be similar to the overthrows of the last three Democratic Senate leaders.
Sen. Tim Jennings, a Roswell Democrat, lost the Democratic nomination for president pro tem of the Senate eight years ago but then went to Senate Republican leaders and obtained support for a coalition with several Democrats.
Jennings still called the shots as a Democrat. He appointed Democrats as committee chairs. Relationships of the two parties were cordial. Republicans said they just preferred being led by a moderate-conservative Democrat rather than one they felt was more liberal.
The other time Republicans and a few Democrats teamed up to override the choice of the Democratic caucus was to oust Sen. Manny Aragon, with whom some Democrats, both liberals and conservatives, had grown tired.
Papen's appeal may be similar to that of Jennings, in which case the Senate will proceed normally. But some Democrats fear Papen will provide too much support to the governor in getting her proposals through the Senate, thereby assisting in her 2014 reelection.
By the time the pro tem race got to the floor, Papen had convinced the leadership that she had the support of all Republicans plus at least five Democrats.
So instead of fighting it out in public, Sen. Pete Campos, the choice of the Democratic caucus, nominated Papen. Her unanimous election means the Democratic defections never will be known for sure.
The unusual opening day began at noon. Soon after, legislative leaders were informed that their much-heralded webcasting system did not work. People looking for a computer connection to watch the pro tem battle in the Senate got nothing but a black screen.
The fix finally came just as Gov. Martinez was beginning her opening day speech. No, it wasn't a sneaky trick from the governor's office. The Legislature is the landlord of the Capitol.
One early report announced that Sen. Papen is the first woman to serve as president pro tem of the Senate. That was soon corrected to state that Louise Coe of Lincoln County was pro tem from 1935 to 1940.
Coe wrote a very interesting review of her 15 years of legislative experience. The book certainly could be termed a tell-all because she was amazingly candid, even about very personal matters. The 1981 book is titled, "Lady and the Law Books"

Tuesday, January 15, 2013

1-18 3rd Grade retention needs more thought

11713 testing

SANTA FE – If everything could be quantified to a number, wouldn't life be easier? Everything would be clean and simple. But that's not the way life usually works. There are so many variables in making a decision.
That's what makes this third-grade reading requirement so confounding. A score on a reading test determines whether a student can pass on to the fourth grade or has to stay in third grade another year – or two.
That is a big decision in a child's life. Does the child get to move on to the fourth grade and keep the same friends or run the risk of falling further behind in acquiring reading skills?
It's a tough decision faced by parents and teachers every year. And it's not just in the third grade. That's a number chosen by people in government but decision-time comes at the end of every year – all the way down to kindergarten and in the upper elementary grades too.
When parents are brought into the decision, their preference usually is to keep the child in the same social group – thus the term social promotion. Parents look at many factors beyond the score on a test. They know there will be big-time emotional results on the child, who will have to make new friends and who will be called a dummy for years.
The effects are even greater because the practice isn't used often so the child who has been retained stands out like a sore thumb.
But third-grade retention may come into greater use if New Mexico follows Florida's current practice. The political concern is stories about illiterate high school graduates, dropouts and college dumbbell English courses.
It is a major problem and it needs to be addressed. But maybe flunking third grade isn't the best answer.
Kindergarten teachers can spot the students who already are having trouble with letters, simple words and writing. They need extra attention from the beginning.
Parents can be the biggest help of all – but often can't or won't. Modern schools have all sorts of additional resources available.
There are teacher aides, special reading teachers, reading coaches, diagnosticians and others who can provide help. In small school districts, all these intervention services may be wrapped into one person.
In many districts, some of these services have been on the cutting board during the past several years of budget slashing.
But Gov. Martinez and Education Secretary-designate Hanna Skandera have been looking for federal money to enhance the services.
All these services should be available from the beginning of a child's education, not just at some magic point at the end of third grade.
Groups fighting the governor's proposal contend that retaining all students not reading at grade level can hinder social, emotional and cognitive development of those retained.
It can cause these students to give up, drop out or become a bully to younger classmates.
Maybe Gov. Martinez decided to pick retention at the end of third grade as a means of grabbing people's attention to the need for more reading assistance in the lower grades. If that is the case, she succeeded.
But it is now time to reach a compromise on enhanced reading instruction and get away from a test score being the determining factor.
Likewise, a single test score is unfair to these students' teachers. Numerous proposals have been introduced into the Legislature in recent years to pay teachers on the basis of student test scores.
Currently students are being tested only in reading and math and not at all grade levels. Yet teachers are being asked to teach many other subjects and behavioral qualities that don't relate to English and math.
Teachers are being asked to act in place of students' parents while they are in school. And in some districts in a few states, teachers are being armed.
It's time to take a deep breath and think through some of these proposals.

Saturday, January 12, 2013

1-16 Don't expect much from this Legislature

11613 legis1

SANTA FE – What should we expect from New Mexico's 2013 Legislature? Our chosen leaders have promised to work together but the chances don't look good.
Former Gov. Bruce King's campaign slogan was "Working Together," But Bruce had been on the county commission, was a former House speaker and a three-time governor. He knew how to make it work.
Today we are faced with over 30 of our 112 lawmakers being new to their jobs and a governor whose experience is as a prosecutor – a job not known for working together.
Add to those problems new leadership in both the House and Senate. House Speaker Ben Lujan retired and Senate President Pro Tem Tim Jennings was beaten in a bitter battle. So we have no steady hand of longtime leadership plus a number of first-time committee chairs.
And it doesn't end there. The recent elections were the most expensive ever -- and probably the dirtiest. Everybody claims dirty elections but this is the first time we have had GOP money being used to defeat Republicans in the Republican primary and Democrats in the Democratic primary. And it was the governor's PAC that was behind it all.
If that doesn't make for some poisonous water, I don't know what does. To top it off, Gov. Susana Martinez is reported to have wanted Republican Senate Floor Leader Stuart Ingle, of Portales, out of the Legislature because he is too nice a guy. Ingle is staying and is probably too nice to hold it against her.
Gov. Martinez says she plans to work closer with legislators this year. She said that last year too but some legislators tell me they were called into the governor's office only to be told how the governor would like them to vote and not to listen to any legislator's concerns.
The governor remains popular with the pubic, possibly because she appears at many public events and visits many elementary schools. Her popularity likely also stems from having picked her fights carefully. She hasn't strictly followed the GOP's handbook for new governors, which has gotten some of her gubernatorial colleagues in trouble.
State employees, many of whom voted for her, aren't wildly enthusiastic about her now. But the governor has avoided doing anything to make them want to rebel as they have in some states.
Agreeing to participate in the federal Medicaid expansion program also should be a popular decision for the governor. Only one other Republican-led state has agreed to do so,
New Mexico is a very poor state with a high number of people unemployed. Problems could be in the offing as to the degree of involvement necessary from the Legislature and from the governor.
Gov. Martinez is expected to try her two signature pieces of legislation again this session. She may not get any further with taking driver's licenses from undocumented aliens.
Some Senate Democratic lawmakers claim they have designed alternative legislation that fulfills all of Gov. Martinez's concerns that won't take transportation away from undocumented workers who need a way to get to their job.
But the governor won't budge. She wants it her way r no way. She says it is a matter of public safety. But some states are beginning to decide that it is safer to know that illegal alien drivers have passed a driving test and had insurance at least at the time they applied for a license.
Retention of third graders if they are not reading proficiently is another issue that should be able to be resolved by diplomatic negotiations.
Since long before I taught fifth grade 50 years ago, teachers have been blocked from holding poor students back by parents who wouldn't hear of it. But that was a call involving much more than a test score.
We may be moving toward some resolution of this standoff with extra reading help in the earl years and more parental involvement.

Thursday, January 10, 2013

No column 1/14. Next column 1/16

Wednesday, January 09, 2013

1-11 Now They're After Smokey Bear Too.

11113 Congress

SANTA FE – Congress is back in session and with it, the usual silliness. On opening day, Jan. 3, Congress' preoccupation was with correcting a huge oversight – a little relief for the Hurricane Sandy victims.
What with the fiscal cliff and all, it was difficult for concentrate on natural disasters when dealing with the unnatural disaster Congress had created for itself.
The Senate decided to continue its silly filibuster rule. Bring back Jimmy Stewart. And Senate Republican leader Mitch McConnell listed examples of government overspending.
One of them was the Albuquerque-based Smokey Bear balloon, which flies throughout the world, including the annual Albuquerque Balloon Fiesta.
After Mitt Romney unsuccessfully targeted Big Bird for helping run up the national debt, one might have thought the war on cartoon characters was over
But it is obvious a strategist somewhere has decided a war on cartoon characters is the way to make the point that Washington spends too much.
The National Forest Service says the cost of the balloon to the government is only about $30,000 a year and that it is a teaching tool that ultimately pays for itself.
Somehow going after lovable characters doesn't seem a smart way to influence public opinion.
The late Sen. William Proxmire of Wisconsin had a much better idea with his Golden Fleece Award for questionable research projects.
I've always thought eliminating federal pork barrel projects was a good way to start the spending cuts in Washington.
Arizona Sen. John McCain has long been a champion of that cause but to no avail. I understand he doesn't ask for anything himself.
Since Congress can't control itself, it would be great if the president had line-item veto power as New Mexico's governor does. But Congress never has been willing to give up that power. It would prefer to just complain.
Maybe a good starting point would be for those members of Congress who complain the most about government spending to give up all projects to their districts or states.
One of the most shocking practices involves members of Congress who have big military contractors in their districts or states.
When the Pentagon says it doesn't need any more of a certain plane, ship or tank, these members of Congress insist that more are needed and that it is unpatriotic to cut back.
It is some of these senators and representatives who complain the loudest about government overspending.
Then the U.S. Senate moved on to consideration of President Obama's nominations for top positions in his administration.
Protocol calls for allowing a president or governor to have the people he or she wants. But that isn't the way it goes these days.
Even when the president nominates a Republican for defense secretary, Republicans complain that he isn't Republican enough. These same senators had glowing words of praise a few years ago when Sen. Chuck Hegel retired.
Obama knew Hegel would be controversial so he didn't suggest him until he was elected to a second term. That isn't an uncommon tactic. Former Gov. Gary Johnson didn't mention marijuana until his second term.
Think of the stories you heard about Barack Obama when he was first elected. We were told if he were elected to a second term, he would turn the country over to Islam and become a dictator. Now we hear some Democrats complaining that Obama acts more like a moderate Republican.
New Mexico Gov. Susana Martinez is just starting the second half of her first term but she already can see a troubled road ahead. The heavily Democratic Senate still will be the end of the road for her trademark legislation such as driver's licenses and 3rd grade retention.
Added to that, she still does not have all her cabinet confirmed for appointees from the beginning of her administration.
Public Education Department Secretary-Designate Hanna Skandera is still unconfirmed. Economic Development Department Secretary Jon Barela might still be unconfirmed but immediately after withdrawing from a congressional race, he miraculously received quick approval.

Saturday, January 05, 2013

1-9 Contemplating White Elephants

10913 white elephants

SANTA FE – When I suggested in a recent column that Spaceport America might be a good location for the $1 billion research ghost town a one-man international development company is promoting, I was only half serious.
It does seem that New Mexico's much-heralded spaceport could be on its last legs Gov. Susana Martinez and the New Mexico Legislature work very hard in the next few months to keep it. Some very exciting offers have been made to Sir Richard Branson's Virgin Galactic by some deep-pocketed suitors.
Virgin Galactic now says it was sold a bill of goods when former Gov. Bill Richardson painted a picture of Virgin being the center of a thriving spaceport. After several years, Virgin remains the only tenant at the site.
Meanwhile the trial-lawyer laden Legislature appears far from granting the limited supplier liability protection our competition is offering and Gov. Martinez is acting as though she would rather be pursued by Branson instead of her pursuing his business.
This scenario from a past column got retired state tourism staffer Mike Pitel to thinking he had witnessed similar occurrences of state or federal money being spent on good ideas in the middle of nowhere that never have fulfilled their original promise.
Pitel mentioned Caprock Amphitheater, between Tucumcari and Clovis and Greyhound Stadium, between Portales and Clovis, as two examples of projects he has wondered about.
Other possibilities for a White Elephant List which have been suggested by others include the Bosque Redondo Memorial/Fort Sumner State Monument, near Fort Sumner, The Camino Real International Heritage Center, between Socorro and T or C, and the Ghost Ranch Living Museum near Abiquiu.
Another problem exists with oddly-located visitor centers. We have a beautiful new one west of Gallup that has many visitors and rivals Arizona's visitor center a few miles down I-40. But other visitor centers seem to be located where an underutilized building already existed.
All of the subjects listed above are worthy issues that deserve recognition. And maybe all should exist. But these and others need to be studied. What is their annual visitation, operating cost and return on investment? What is their purpose? Are they underutilized, undervisited or closed?
During the past 50 years, my wife and I have had the opportunity to travel all the paved roads in the state and many to the unpaved roads. We have enjoyed visiting museums, memorials, monuments and visitor centers along the way.
Admittedly we have not visited some of the attractions listed above because they were inconvenient to work into the schedule we had at the time.
One that we have visited, and revisited with friends, is the Camino Real International Heritage Center along I-25. We may like it because we grew up in nearby towns.
We especially enjoy our friends' reactions while going through the section where it suddenly becomes completely dark and desert noises such as lightening, rattle snakes and other varmints fill the air.
I am hoping it is doing as well as original predictions suggested. But it is in the middle of nowhere and it hasn't been busy when we have been there. One of its advantages is that it is part of the national and International Historical Trails systems, which receives federal assistance. It also is part of the New Mexico state monuments system.
Perhaps you know of others that should be added to the list. If so, Pitel and I would like to know. Others may be interested also. The information might make a good term paper or newspaper feature.
The subject might be worthy of some sharp pencils at Gov. Susana Martinez's Department of Finance and Administration or at the Legislative Finance Committee.
These all are sacred cows to some people. Some of these may have been seen as economic development for a needy area of the state. Possibly every project listed above is absolutely justified. But we need to know.

Thursday, January 03, 2013

No column for Mon., Jan. 7

Tuesday, January 01, 2013

1-4 NM Legislature better than Congress

10413 legis1

SANTA FE – What can a guy believe in anymore? The world didn't end like it was supposed to 10 days ago. Now we learn the fiscal cliff is more like a slope with numerous opportunities for correction as soon as tea partiers learn the advantages of compromise.
New Mexicans can be proud, however, that despite its faults, our state legislature really has its act together compared with Congress.
State lawmakers know that on the third Tuesday in January, they leave their day jobs and go to Santa Fe to make big decisions regarding the state. Since January begins on a Tuesday, Jan. 15 is the earliest a session can begin.
But New Mexico lawmakers will be ready. A few years ago they passed legislation allowing any legislator to pre-file a bill up to a month ahead of the Legislature's start. Fifty-nine bills, memorials and resolutions had been prefiled as of Jan. 1. Anyone can read the proposed legislation by going to www.nmlegis.gov.
Interim legislative committees now study problems facing the state and draft legislation to correct those problems. Many of the prefiled bills are from interim committees.
In some cases, voters will approve constitutional amendments that require legislative enactment in order to make them work and to fill in the details. Three voter-approved amendments from last November involve major changes in the always controversial Public Regulation Commission.
The powerful body never has seemed to attract the quality of individuals needed for such a complex job. It is a haven for good politicians who like the $90,000 the job pays.
Consequently, when given the opportunity on last November's ballot, voters overwhelmingly made changes transferring authority from the commission and establishing a college degree and work experience in an area regulated by the PRC.
But remember, the Legislature is composed of 112 politicians, some of whom may have their eyes on one of the five commission seats. Expect much legislative maneuvering before those qualifications are set.
What should we expect from this new Legislature? It's hard to tell. Thirty of the 112 are new this year – quite a bit more than usual. For the first time ever, the governor got publicly involved in legislative races on both sides of the aisle.
Gov. Susana Martinez's highest-level involvement was in trying to defeat Senate President Pro Tem Tim Jennings of Roswell and Democratic Floor Leader Sen. Michael Sanchez of Belen.
She defeated Jennings but Sanchez was reelected by a wide margin. The word among legislative insiders is that Gov. Martinez shot the wrong guy. Jennings is forgiving. Sanchez isn't. Expect though times for the governor in the Senate.
Gov. Martinez will be back with her signature issues, which include ceasing the issuance of driver's licenses to undocumented aliens and not passing third-graders on to fourth grace unless they meet minimum reading requirements. Both issues failed in past years. Did Martinez make enough legislative changes in the recent elections to improve her chances? It doesn't look good for her.
With many new lawmakers and increased animosity caused by the governor's involvement in several races, those hoping for few changes from the 2013 Legislature are whistling a happy tune. One longtime corporate lobbyist told me today the he has two new partners for this session – chaos and confusion.
The one bright spot for the governor in the Senate is that Republican lawmakers kept their same leadership. Stu Ingle, a farmer from near Portales, will keep the Republican leadership post he has held for years. Ingle is soft-talking, level-headed and tends to keep sparks from flying. Those are not qualities, however, that the governor wants to see from GOP leaders. She is reported to want Ingle out of his leadership post and out of the Senate. She didn't succeed but Ingle likely will continue to work with her.
It doesn't sound especially good for New Mexicans but it's a darn sight better than what's happening in Washington.

No column for Wed., Jan. 2. Working on one for Jan. 4