RATINGS of NEW MEXICO

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1 2017 RATINGS of NEW MEXICO #ACURatings Conservative.org TABLE OF CONTENTS Letter from the Chairman... 2 ACU & ACUF Board Members... 3 Selecting the Winners & Losers... 4 NM Senate Statistics... 5 NM Senate Vote Descriptions... 6 NM Senate Scores... 8 NM House Statistics NM House Vote Descriptions NM House Scores... 13

2 LETTER FROM THE CHAIRMAN Dear Fellow Conservative, The American Conservative Union Foundation is proud to present our ratings of the 2017 meeting of the New Mexico Legislature. Like our Congressional Ratings, which date back 46 years, these ratings are meant to reflect how elected officials view the role of government in an individual s life. We begin with our philosophy (conservatism is the political philosophy that sovereignty resides in the person) and then apply our understanding of government (its essential role is to defend life, liberty and property). Because our ratings are designed to educate the public about how consistently their elected officials adhere to conservatism, we carefully examine the entire docket of legislation introduced in each state every year. We select the most meaningful bills and publish the results after the dust has settled. The ACU Foundation is the only organization to score over 8,000 elected officials each year, including lawmakers from all 50 states and Congress. The 2016 election dramatically impacted the political landscape of not only Washington but state legislative chambers all across the country. Republicans now have control of both legislative chambers in 32 states, more than double the number they controlled in With these victories comes an ability to implement policies that restore individual liberty and return us to a limited form of government run by and for We the People. It is our hope that these ratings will serve as a guide showing who can be relied on to fight for conservative principles and restore the role of government to what our nation s founding fathers envisioned. Sincerely, Matt Schlapp Chairman American Conservative Union 2

3 ACU BOARD MEMBERS Matt Schlapp Chairman Charlie Gerow First Vice Chairman Bob Beauprez Treasuer Amy Frederick Secretary Ed Yevoli At-Large ACUF BOARD MEMBERS Jackie Arends Larry Beasley Kimberly Bellissimo Steve Biegun Morton C. Blackwell John Bolton Jose Cardenas Ron Christie Muriel Coleman Becky Norton Dunlop John Eddy Luis Fortuno Alan M. Gottlieb Van D. Hipp, Jr. Dr. M. Zuhdi Jasser Michael R. Long Ed McFadden Carolyn D. Meadows Priscilla O'Shaughnessy Ron Robinson Mike Rose Ned Ryun Peter Samuelson Sabrina Schaeffer Terry Schilling Matt Smith Thomas Winter SELECTING THE VOTES ACU researched and selected a range of bills before the New Mexico Legislature that determine a member s adherence to conservative principles. We selected bills that focus on Ronald Reagan s philosophy of the three-legged stool : 1) fiscal and economic: taxes, budgets, regulation, spending, healthcare, and property; 2) social and cultural: 2nd amendment, religion, life, welfare, and education; and 3) government integrity: voting, individual liberty, privacy, and transparency. This wide range of issues are designed to give citizens an accurate assessment that conveys which of New Mexico s elected leaders best defend the principles of a free society: Life, Liberty and Property. Matt Schlapp Chairman Millie Hallow Vice Chairman Van D. Hipp, Jr. Treasurer Kimberly Bellissimo Secretary Jose Cardenas Jonathan Garthwaite Charlie Gerow Colin Hanna Niger Innes Adam Laxalt Willes K. Lee Mary Matalin Carolyn D. Meadows Randy Neugebauer Thomas Winter 201 N. Union Street, Suite 370 Alexandria, VA (202)

4 2017 WINNERS & LOSERS AWARD FOR CONSERVATIVE EXCELLENCE <= 10 COALITION OF THE RADICAL LEFT SENATE HOUSE SENATE SENATE HOUSE HOUSE BRANDT MOORES PIRTLE SHARER ADKINS CROWDER GALLEGOS, DAVID MONTOYA Campos Candelaria Cervantes Cisneros Papen Pinto Rodriguez Sapien Alcon Armstrong, D. Chasey Dodge Martínez, J. Martinez, R. McCamley McQueen WOODS Ivey-Soto Shendo Egolf Romero Lopez Smith Ely Roybal Caballero Martinez Soules Ferrary Rubio AWARD FOR CONSERVATIVE ACHIEVEMENT McSorley O'Neill Ortiz y Pino Stefanics Stewart Tallman Gallegos, Doreen Garcia Richard Garcia, H. Salazar, N. Salazar, T. Sariñana SENATE BACA GRIGGS HOUSE ARMSTRONG, G. BALDONADO BANDY BROWN HOUSE EZZELL HERRELL LARRAÑAGA LITTLE HOUSE REHM SCOTT STRICKLER TOWNSEND Padilla Wirth Garcia, M. Gomez Lente Louis Maestas Stapleton Thomson Trujillo, Christine Trujillo, L. CLAHCHISCHILLIAGE NIBERT WOOLEY COOK POWDRELL-CULBERT YOUNGBLOOD 4

5 NEW MEXICO SENATE STATISTICS OVERALL AVERAGE 31 REPUBLICAN AVERAGE 74 NEW MEXICO SENATE CONSERVATIVE RATINGS DEMOCRAT AVERAGE 3 RED = REPUBLICANS BLUE = DEMOCRATS LOWEST REPUBLICAN KERNAN 38 # OF STATE SENATORS HIGHEST DEMOCRAT ACU PERCENTAGE SANCHEZ 15 5

6 NEW MEXICO SENATE VOTE DESCRIPTIONS 1. SB 176 Spending Increase. This bill provides an appropriation to the legislative branch that is 23 percent more than was actually spent last year. ACU opposes this fiscally irresponsible spending bill, especially at a time when the state is facing a severe budget shortfall and other agencies are receiving spending reductions and opposed this bill. The Senate passed the bill on January 25, 2017 by a vote of 33-5, but it was vetoed by the governor. 2. SB 224 Ballot Integrity. This bill would allow voter registration up to three days before an election instead of the current 28 days. ACU opposes election law changes that make it more difficult to maintain ballot integrity and easier to commit vote fraud and opposed this bill. The Senate passed the bill on February 5, 2017 by a vote of SB 96 Donor Disclosure. This bill, while raising contribution limits to political candidates, requires non-profit advocacy groups to disclose their donors and also forces groups making independent expenditures during election campaigns to report the source of their money. ACU opposes attempts to chill political speech through disclosure laws and opposed this bill. The Senate passed the bill on February 15, 2017 by a vote of 36-6, but it was vetoed by the governor. 4. SB 95 Tax Increase. This bill increases the state s gas tax by 60 percent and the vehicle excise tax by one-third, which all together is expected to cost motorists an additional $374 million. Higher tax burdens suppress economic growth, which reduces family prosperity, as illustrated by the ACU Foundation s Family Prosperity Index. ACU opposes these tax increases on one sector of the economy without considering tax reforms proposed by the governor and opposed this bill. The Senate passed the bill on March 2, 2017 by a vote of SB 337 Open Carry. This bill prohibits anyone from openly carrying a firearm in the state Capitol, as is currently allowed, and instead requires a concealed carry license. ACU supports the founders belief in the Second Amendment, opposes imposing what would be the first such restriction in the state, and opposed this bill. The Senate passed the bill on March 4, 2017 by a vote of SB 259 Firearm Confiscation. This bill allows the government to confiscate a firearm from anyone who is under a domestic violence temporary restraining order and prohibits that person from purchasing a firearm while that order is in effect. ACU opposes this blanket prohibition due to the fact that the issuance of a temporary restraining order does not require any evidence of misconduct, and judges already have the authority to prohibit individuals under a restraining order from possessing a firearm if they feel it is warranted and opposed this bill. The Senate passed the bill on March 4, 2017 by a vote of 25-15, but it was vetoed by the governor. 7. SB 318 E-Cigarettes. This bill imposes the same restrictions on e-cigarettes as regular tobacco cigarettes and expands the areas where restaurant and bar patrons are not allowed to smoke. ACU opposes this inappropriate interference with a restaurant s ability to freely compete in the marketplace and considers both tobacco and e-cigarettes to be a personal liberty issue and opposed this bill. The Senate passed the bill on March 7, 2017 by a vote of 30-10, but it was vetoed by the governor. 8. SB 231 Cigarette Tax Increase. This bill dramatically raises cigarette taxes, labels e-cigarettes as a tobacco product even though there is no tobacco in them, and raises e-cigarette taxes by 76 percent. ACU opposes these regressive tax increases that punishes small businesses, such as convenience stores, and makes the government reliant on a declining source of income that eventually will lead to higher taxes in other areas and opposed this bill. The Senate passed the bill on March 8, 2017 by a vote of SB 252 Physician Assisted Suicide. This bill legalizes physician assisted suicide in New Mexico by allowing doctors to write prescriptions for lethal drugs to patients they believe have less than six months to live. Doctors must believe in good faith that the patient has not been coerced or unduly influenced. ACU opposes assistant suicide laws as they create a class of citizens no longer protected from coercion from medical professionals, insurance companies, and heirs and opposed this bill. The Senate defeated the bill on March 15, 2017 by a vote of HB 125 Teacher and Principal Evaluations. This bill sets up a new 33-member council and will use collective bargaining agreements as part of their guideline to evaluate teachers and principals. ACU opposes this effort by the teachers unions to bypass the state education department s evaluation system to better control the system and opposed this bill. The Senate passed the bill on March 16, 2017 by a vote of but it was vetoed by the governor. 6

7 11. HB 375 Hairstylist License. This bill expands hairstylist licensing requirements under the Barber and Cosmetology Board. Styling hair will now require a master barber license with 1,200 hours of educational coursework or a cosmetologist license with 1,600 hours of coursework. When entrepreneurship is suppressed, the resulting decline in economic growth leads to a reduction in family prosperity, as illustrated by the ACU Foundation s Family Prosperity Index. ACU opposes the proliferation of licensing requirements, which are primarily designed to restrict competition, and opposed this bill. The Senate passed the bill on March 16, 2017 by a vote of HB 86 Employer Mandate. This bill requires businesses which have one or more employees and already provide paid sick leave to also include family caregiving duties as part of their employees paid time off. Under the bill, family members defined in this coverage include nieces, nephews, aunts and uncles. ACU opposes these employer mandates, which are particularly harmful to small businesses, and opposed this bill. The Senate passed the bill on March 17, 2017 by a vote of 23-12, but it was vetoed by the governor. 13. HB 442 Minimum Wage. This bill raises the minimum wage from $7.50 per hour to $9.25 per hour as of January 1, An increase in the minimum wage results in higher unemployment. High rates of unemployment hinder family prosperity, as illustrated by the ACU Foundation s Family Prosperity Index. ACU opposes these artificial wages that hurt those who need help with employment the most, such as students and inexperienced workers, and opposed this bill. The Senate passed the bill on March 17, 2017 by a vote of 24-15, but it was vetoed by the governor. 14. SB 2 (Special Session) Tax Increase. This bill increases the gas tax, the motor vehicle excise tax, and petroleum products loading fee. In addition, the five-year phased reduction in the corporate income tax is delayed under the bill. Higher tax burdens suppress economic growth, which reduces family prosperity, as illustrated in the ACU Foundation s Family Prosperity Index. ACU opposes these anti-growth tax increases to deal with a temporary budget shortfall and opposed this bill. The Senate passed the bill on May 24, 2017 by a vote of 25-16, but it was vetoed by the governor. 7

8 NEW MEXICO SENATE SCORES NEW MEXICO SENATE VOTE DETAIL Party District SB 176 SB 224 SB 96 SB 95 SB 337 SB 259 SB 318 SB 231 SB 252 HB 125 HB 375 HB 86 HB 442 BACA R E n/a 85 BRANDT R BURT R 33 - E Campos D 8 - X E Candelaria D E - - E Cervantes D Cisneros D 6 - E GOULD R n/a 64 GRIGGS R E INGLE R E Ivey-Soto D E KERNAN R 42 - E LEAVELL R 41 - E n/a 63 Lopez D 11 X E - - E Martinez D X + E McSorley D E MOORES R Morales D 28 - X - - E E E E n/a Muñoz D 4 X X X E E E E n/a NEVILLE R 2 - X E O'Neill D X - - E Ortiz y Pino D Padilla D Papen D E PAYNE R E Pinto D 3 E E PIRTLE R Rodriguez D 24 - E RUE R 23 - E E Sanchez D X Sapien D 9 - E SB 2 (Special Session) ACU Cast LIFETIME AVG 8

9 NEW MEXICO SENATE VOTE DETAIL Party District SB 176 SB 224 SB 96 SB 95 SB 337 SB 259 SB 318 SB 231 SB 252 HB 125 HB 375 HB 86 HB 442 SHARER R Shendo D 22 X Smith D 35 - E E - E Soules D Stefanics D n/a 0 Steinborn D Stewart D Tallman D E n/a 0 WHITE R n/a 65 Wirth D WOODS R Legislator did not vote on enough of the selected bills and as a result the 2017 percentage was not rated. 2/3rds of the selected bills must be voted on to receive a score. SB 2 (Special Session) ACU Cast LIFETIME AVG 9

10 NEW MEXICO HOUSE STATISTICS OVERALL AVERAGE 42 REPUBLICAN AVERAGE 80 NEW MEXICO HOUSE CONSERVATIVE RATINGS DEMOCRAT AVERAGE 9 RED = REPUBLICANS BLUE = DEMOCRATS 35 LOWEST REPUBLICAN MAESTAS BARNES 38 # OF STATE REPS HIGHEST DEMOCRAT SWEETSER ACU PERCENTAGE 10

11 NEW MEXICO HOUSE VOTE DESCRIPTIONS 1. SB 176 Spending Increase. This bill provides an appropriation to the legislative branch that is 23 percent more than was actually spent last year. ACU opposes this fiscally irresponsible spending bill, especially at a time when the state is facing a severe budget shortfall and other agencies are receiving spending reductions and opposed this bill. The House passed the bill on January 27, 2017 by a vote of 37-32, but it was vetoed by the governor. 2. HB 86 Employer Mandate. This bill requires businesses which have one or more employees and already provide paid sick leave to also include family caregiving duties as part of their employees paid time off. Under the bill, family members defined in this coverage include nieces, nephews, aunts and uncles. ACU opposes these employer mandates, which are particularly harmful to small businesses, and opposed this bill. The House passed the bill on February 8, 2017 by a vote of but it was vetoed by the governor. 3. HB 46 Charter Schools. This bill imposes a 30-month moratorium on licensing new charter schools. No applications for charter schools will be accepted or approved before January 1, Educational attainment is an important cultural value that yields substantial economic returns for families and for states, which is illustrated by the ACU Foundation s Family Prosperity Index. ACU supports the expansion of school choice and opposed this bill. The House defeated the bill on March 2, 2017 by a vote of HB 442 Minimum Wage. This bill raises the minimum wage from $7.50 per hour to $9.25 per hour as of January 1, An increase in the minimum wage results in higher unemployment. High rates of unemployment hinder family prosperity, as illustrated by the ACU Foundation s Family Prosperity Index. ACU opposes these artificial wages that hurt those who need help with employment the most, such as students and inexperienced workers, and opposed this bill. The House passed the bill on March 3, 2017 by a vote of but it was vetoed by the governor. 5. HB 28 Automatic Voter Registration. This bill requires that anyone whose personal information is on file with the motor vehicle division of the government to be automatically registered to vote unless that person notifies the government otherwise within 21 days. If a person does not specify a political party, that person will be automatically registered as decline to state. ACU opposes laws that threaten ballot integrity and make it easier to commit voter fraud and opposed this bill. The House passed the bill on March 4, 2017 by a vote of HB 61 Solar Tax Credit Extension. This bill renews and extends until the year 2025 a 10 percent solar tax credit that had expired in Under the bill, the credit will be reduced by one percent each year. ACU supports all forms of energy, does not believe government should favor one form of energy over another, and opposed this bill. The House passed the bill on March 6, 2017 by a vote of HB 284 Insurance Mandate. This bill requires health insurance plans to provide birth control pills, clinical services, and long-acting birth control devices, with no cost-sharing. The bill also requires insurance plans to cover condoms and vasectomies. ACU opposes these mandates which are designed to enrich contraceptive manufacturers, and interfere in the free market, driving health care costs up for everyone, and opposed this bill. The House passed the bill on March 6, 2017 by a vote of HJR 1 Land Grant Permanent Fund. This resolution proposes a constitutional amendment that would use one percent of the interest earned on the Land Grant Permanent Fund, about $150 million, to fund early childhood education. ACU opposes the practice of bypassing the regular appropriation process, and permanently committing Land Grant funds, which already are being used for university and public school funding, and opposed this bill. The House passed the bill on March 8, 2017 by a vote of HB 125 Teacher and Principal Evaluations. This bill sets up a new 33-member council and will use collective bargaining agreements as part of their guideline to evaluate teachers and principals. ACU opposes this effort by the teachers unions to bypass the state education department s evaluation system to better control the system and opposed this bill. The House passed the bill on March 9, 2017 by a vote of but it was vetoed by the governor. 10. HB 228 Right to Try. This bill outlines the circumstances under which patients with a terminal illness can use a drug that has not yet completed the Food and Drug Administration s approval process. The bill allows the manufacturer to make the decision whether to provide the drug and insurance companies are not required to cover its cost, among other provisions. ACU believes it is absurd for government to deny a terminally ill patient access to a potentially life-saving drug and supported this bill. The House passed the bill on March 9, 2017 by a vote of HB 375 Hairstylist License. This bill expands hairstylist licensing requirements under the Barber and Cosmetology Board. Styling hair will now require a master barber license with 1,200 hours of educational coursework or a cosmetologist license with 1,600 hours of coursework. When entrepreneurship is suppressed, the resulting decline in economic growth leads to a reduction in family prosperity, as illustrated by the ACU Foundation s Family Prosperity Index. ACU opposes the proliferation of licensing requirements, which are primarily designed to restrict competition, and opposed this bill. The House passed the bill on March 10, 2017 by a vote of

12 12. SB 96 Donor Disclosure. This bill, while raising contribution limits to political candidates, requires non-profit advocacy groups to disclose their donors and also forces groups making independent expenditures during election campaigns to report the source of their money. ACU opposes attempts to chill political speech through disclosure laws and opposed this bill. The House passed the bill on March 13, 2017 by a vote of 41-24, but it was vetoed by the governor. 13. SB 259 Firearm Confiscation. This bill allows the government to confiscate a firearm from anyone who is under a domestic violence temporary restraining order and prohibits that person from purchasing a firearm while that order is in effect. ACU opposes this blanket prohibition due to the fact that the issuance of a temporary restraining order does not require any evidence of misconduct, and judges already have the authority to prohibit individuals under a restraining order from possessing a firearm if they feel it is warranted and opposed this bill. The House passed the bill on March 15, 2017 by a vote of 43-22, but it was vetoed by the governor. 15. SB 337 Open Carry. This bill prohibits anyone from openly carrying a firearm in the state Capitol, as is currently allowed, and instead requires a concealed carry license. ACU supports the founders belief in the Second Amendment, opposes imposing what would be the first such restriction in the state, and opposed this bill. The House defeated the bill on March 17, 2017 by a vote of SB 2 (Special Session) Tax Increase. This bill increases the gas tax, the motor vehicle excise tax, and petroleum products loading fee. In addition, the five-year phased reduction in the corporate income tax is delayed under the bill. Higher tax burdens suppress economic growth, which reduces family prosperity, as illustrated in the ACU Foundation s Family Prosperity Index. ACU opposes these anti-growth tax increases to deal with a temporary budget shortfall and opposed this bill. The House passed the bill on May 25, 2017 by a vote of 37-28, but it was vetoed by the governor. 14. SB 318 E-Cigarettes. This bill imposes the same restrictions on e-cigarettes as regular tobacco cigarettes and expands the areas where restaurant and bar patrons are not allowed to smoke. ACU opposes this inappropriate interference with a restaurant s ability to freely compete in the marketplace and considers both tobacco and e-cigarettes to be a personal liberty issue and opposed this bill. The House passed the bill on March 17, 2017 by a vote of 50-12, but it was vetoed by the governor. 12

13 NEW MEXICO HOUSE SCORES NEW MEXICO HOUSE VOTE DETAIL Party District SB 176 HB 86 HB 46 HB 442 HB 28 HB 61 HB 284 HJR 1 HB 125 HB 228 HB 375 SB 96 SB 259 SB 318 SB 337 ADKINS R E X Alcon D Armstrong, D. D ARMSTRONG, G. R n/a 81 BALDONADO R E BANDY R X BROWN R Chasey D E CLAHCHISCHILLIAGE R COOK R X CROWDER R DINES R X Dodge D E E E X DOW R n/a 56 Egolf D Ely D n/a 6 EZZELL R FAJARDO R Ferrary D n/a 6 GALLEGOS, DAVID R X X Gallegos, Doreen D X Garcia Richard D Garcia, H. D n/a 6 Garcia, M. D GENTRY R Gomez D Gonzales D E HALL R HARPER R E + E - + E HERRELL R E E X Johnson D LARRAÑAGA R SB 2 (Special Session) ACU Cast LIFETIME AVG 13

14 14 NEW MEXICO HOUSE VOTE DETAIL Party District SB 176 HB 86 HB 46 HB 442 HB 28 HB 61 HB 284 HJR 1 HB 125 HB 228 HB 375 SB 96 SB 259 SB 318 SB 337 Lente D X n/a 7 LEWIS R X LITTLE R X Louis D E Lundstrom D 9 - E E X Maestas D MAESTAS BARNES R E + + E E Martínez, J. D X Martinez, R. D n/a 3 McCamley D McQueen D MONTOYA R NIBERT R n/a 81 POWDRELL-CULBERT R X X REHM R E ROCH R 67 + E E E Rodella D X Romero D Roybal Caballero D X Rubio D n/a 6 Ruiloba D E Salazar, N. D 40 E E E - E Salazar, T. D Sariñana D n/a 6 SCOTT R X Small D n/a 13 SMITH R X Stapleton D X STRICKLER R Sweetser D n/a 31 Thomson D E n/a 4 TOWNSEND R 54 + E Trujillo, Carl D 46 - X X X Trujillo, Christine D X n/a 7 SB 2 (Special Session) ACU Cast LIFETIME AVG

15 NEW MEXICO HOUSE VOTE DETAIL Party District SB 176 HB 86 HB 46 HB 442 HB 28 HB 61 HB 284 HJR 1 HB 125 HB 228 HB 375 SB 96 SB 259 SB 318 SB 337 Trujillo, J. D 45 - E E E E E E - E E E E E E E n/a Trujillo, L. D E n/a 7 WOOLEY R YOUNGBLOOD R X Legislator did not vote on enough of the selected bills and as a result the 2017 percentage was not rated. 2/3rds of the selected bills must be voted on to receive a score. SB 2 (Special Session) ACU Cast LIFETIME AVG 15

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