Here Comes Another Task Force

Two years ago Governor Richardson rightly vetoed a gambling study bill, but after the Journal runs a series of gambling articles (subscription) followed by an article (subscription) on Rep. Kandy Cordova's twice-killed gambling study bill. The Governor has a change of heart. The fact the tribes want to renegotiate the compacts (subscription) also probably has a little to do with the Governor's flip-flop (subscription):

Richardson said he will form a task force within the next few days to conduct a quick-turnaround look into compulsive gambling.

Governor Richardson wants to spend a $110,000, the amount of Rep Cordova's bill, and sixty days to decide what the state needs to do about gambling addiction. Well, that's odd because it already sounds like the Governor knows exactly what he wants to do:

The governor also threw his support behind bills pending in the Legislature to fund a longer-term compulsive gambling study and put the state Health Department in charge of treatment money.

Surprise, surprise... this is about another Governor Richardson money grab. He is maneuvering to put another $1,000,000 plus into Health Department coffers, and he is using the creation of a task force as a front for doing it. Of course, the Governor pretends he needs answers to these questions:

"We need an accurate picture of how compulsive gambling is affecting New Mexicans," he said. "How many people are committing suicide. How many are going bankrupt. How many are suffering."

Why do we need this accurate picture? Is the Richardson planning on banning gambling in New Mexico? Somehow, I don't think that's on the table. Well, let me save taxpayers $110,000 and sixty days with this prediction. The compulsive gambling picture is no prettier today than it was when all of these studies were done. This is not an area that needs additional study, and it sure as heck doesn't need a task force. Might I suggest the Governor and Rep. Cordova spend a little time with Google and read the results.

Who Needs Parents? We've Got Park and Chavez

When I chose to become a parent, I knew there was a certain level of responsibility that went along with it. Not the least of those responsibilities was to be responsible for my own children. Now, they're pretty young, so I don't have to worry about the them breaking a curfew at this point, and if Representative Al Park and Mayor Chavez have their way, I won't have to worry about it when they get older (subscription):

State Rep. Al Park, D-Albuquerque, introduced the curfew legislation in the House.

"No good can come from kids being out at 2 a.m.," Park said during a phone interview. He said young people often feel invincible.

"There's a lot of dangers out there, and I think we need to make sure we protect our children," he added.

Albuquerque Mayor Martin Chávez has been pushing for a curfew for years.

Hey, Representative Park and Mayor Chavez, how about you leave the parenting to parents. The alternative is just scary.

I Just Don't Get It

Of all the bills introduced this session, the bill that has the potential for the most meaningful impact for all New Mexicans is the ballot initiative bill. Yet, not so much as a peep out of the Albuquerque Journal. What do they give column space to?

• Twice dead gambling study bill
• ATV fights and here.
• Cockfighting... again and again
• Scooby's law - twice
  

Yes, all the Journal links above require a subscription. And no, I don't think it's worth the money to read any one of them. I just don't get these folks. No wonder mainstream media is losing ground to blogs.

Another Presidents Day Thought

In Stephen Ambrose's book, To America : Personal Reflections of an Historian, he notes, as many others have, that what made George Washington our greatest president was his character:

He resisted the efforts to make him into a king and established the precedent that no one should serve more than two-terms as president. He voluntarily yielded power. His enemy, George III, remarked in 1796, as Washington's second term was coming to an end, "If George Washington goes back to his farm, he will be the greatest character of his age." Napoleon, then in exile, was as stunned as the rest of the world by Washington's leaving office. He complained that his enemies "wanted me to become another Washington." As George Will wrote, "The final component of Washington's indispensability was the imperishable example he gave by proclaiming himself dispensable.

I can't help but wonder how much more effective our political system would be if all politicians followed Washington's example. I do mean ALL, not just the latest NM Democrat that is unwilling to proclaim himself dispensable.

Interesting President's Day Question

Tomfoolery of the Highest Order notes a Drudge Report posting that indicates Hillary Clinton won't have David Geffen's support for a White House run because she can't win. Brian then poses this interesting question:

While Geffen is right, I have a simple response to any Hillary supporter you know. Ask them, "What states that Bush won in this last election would go to Hillary the next time around?" Here, at UNM Law, I always get, "Well, here in New Mexico." And I say, "Not enough. Where else?" I never get an answer.

Go ahead, name one red state that will turn blue for Hillary? You can't. That is why she won't ever be President.

Hmm, I wonder if the same question applies for Governor Bill Richardson... Under Richardson's watch our blue state went red. Granted, bumper sticker sales seemed to indicate support in New Mexico for a Richardson presidential run, but it doesn't seem any other state feels the same.

So You Wanna Be in Pictures

Yesterday, I really didn't have much time to blog. The reason was that I spent the whole day at Soundstage 41 in Albuquerque shooting a corporate training video with a client. Next to the soundstage I was shooting on, a movie was being shot on another soundstage. I can imagine right about now you must be really confused. How could I have been shooting yesterday on an Albuquerque Soundstage, when this was just announced last week:

Governor Bill Richardson today joined Albuquerque Mayor Martin Chavez at a news conference to announce that Digital Media Group (DMG) will build a $50 million digital media production facility on the site of the old Burlington Northern Santa Fe (BNSF) rail yard in Albuquerque.

"Today marks another critical milestone in the economic evolution of New Mexico," said Governor Richardson. "This rail yard is an important New Mexico landmark- a symbol of the railroads that helped make this state great. This project will turn it into a landmark for the future. It will be a symbol of where New Mexico is headed, as we become the center for cutting edge digital media production."

DMG is planning to build two 20,000 square-foot sound stages, two digital insert stages, a construction mill, and food service and child care facilities. The facility will be able to handle every kind of digital film and television project from pre-production through post-production. It will also become a multi-purpose center that will pursue advanced medical imaging technologies, virtual reality training technologies, and a host of other digital imaging and simulation.

Well, it turns out Albuquerque already has a number of soundstages. In fact, the one I was shooting in yesterday is part of a 30,000 square foot complex. The best part is it is for sale by Amusing Investments in Santa Fe, and the price is only a paltry $2,000,000. Unfortunately, I don't have cash lying around, but I'm kind of hoping the city (subscription) can help me out:

Fred Mondragon, who heads the city's Office of Economic Development, said the project might use industrial revenue bonds, which would require City Council approval. The city also could consider assistance with infrastructure and some transportation issues, he said.

IRBs are bonds that are used to finance business facilities. They are repaid by the companies that use them, not by the city, but the use of IRBs clears the way for tax incentives.

Heck, with all of this going on...

Since Governor Richardson took office in 2003 New Mexico's film industry has generated nearly $200 million in new revenue for state and local economies. The state has increased the number of local film crewmembers from less than 100 to more than 600 craftsmen and artisans. New Mexico now has 3 ½ film crews, and is actively training more through the Governor's Film Technician Training Program, which was introduced earlier this year. These are good, high-wage jobs that build solid, marketable skills.

I can't help, but make a ton of money. Now the facility I have my eyes on won't cost tens of millions of dollars, but the good news is we'll be open for business the day after the Governor and Mayor help me get the money. Plus, we have the added benefit of not being a soundstage located next to a train track.

Short on Time

No time to blog today... well, at least not until much later. However, if you haven't visited the LANL disgruntled employees blog, you should. Their visitor numbers have been growing exponentially and the mainstream press coverage of the site continues to help.

Multiple Choice Test

Imagine you're the Governor of a state with limited resources, but you have a banner year due to revenue from oil and gas production taxation. What do you do with you new found wealth:

1. Increase spending, so that you can use every last cent.
2. Consider tax increases on oil and gas producers, so you'll have more money next year.
3. Propose spending one percent of your capital outlay budget on a luxury item that will benefit only one New Mexican.
4. All of the above.
   

Well, it turns out if you're anything like Governor Bill Richardson, you'll choose #4. Spending is up. New taxes are advocated, and $5 million is proposed for a plane (subscription):

Richardson last year sparked controversy after planning to [illegally (registration)] spend as much as $4 million to buy a new plane to replace a 1966 Aero Commander, which Richardson officials said was unsafe.

The state General Services Department sold the older plane last month to a California company.

James Jimenez, secretary of the state Department of Finance and Administration, said House Democrats on Monday had a "mixed" reaction to Richardson's proposal to buy a new state airplane.

That's right. Governor Richardson is proposing to spend $5 million of the proposed $511 million in capital outlay from his long overdue plan (subscription) to replace a $58,000 plane. This is like replacing your $500 1980's Buick with a brand new $50,000 Hummer. Since the Governor wants to spend a cool million dollars more than the plane he wanted to buy less than a year ago, I guess he is going for some of those hot option packages.

Just another day of misguided priorities in the Land of Enchantment.

LFC Member Introduces Privacy Invasion Bill

As mentioned in a previous post, I've had the opportunity to represent New Mexico taxpayers on a Taxpayer Advocacy Panel for improving the IRS since October 2002. This appointment by the U.S. Secretary of Treasury and the IRS Commissioner has provided a first class education on a system that touches the life of every American in one way or another.

From day one, the IRS version of the golden rule was drilled into all panelists. Simply stated, it is that the protection of taxpayer privacy is paramount. When determining potential efficiencies that may be introduced into the system, taxpayer privacy trumps all else. Even when the IRS and the states create a partnership to target abusive tax avoidance transactions, they are careful to protect taxpayer privacy:

The ATAT memorandum of understanding focuses solely on abusive tax avoidance transactions. The agreement leaves procedures governing communication on more routine taxpayer compliance efforts unchanged. This maintains the important separation of federal and state tax authority and protection of taxpayer privacy.

"We treat taxpayer privacy as a top priority," said [IRS Commissioner]Everson. "This agreement does not impede our high standards for protecting taxpayer rights or privacy. The information shared under this agreement will be strictly limited to that pertaining to abusive transactions."

So, it surprising that on a state level, Senator Sue Wilson-Beffort (R), a member of the New Mexico Legislative Finance Committee (LFC), would sponsor SB 524, to reduce taxpayer privacy protection for such a mundane reason as auditing a government department. The RELEASE OF TAXPAYER INFO TO LFC bill introduces the following:

II. upon request of the legislative finance committee, the department shall release information to the legislative finance committee for the purpose of conducting an audit of the department; provided that, with respect to that information, the legislative finance committee and its employees are subject to the same provisions regarding confidentiality of information as employees of the department.

Bad idea. If you want to conduct an audit of a government department, please be my guest. However, don't even think about doing it at the expense of taxpayer privacy protection.

Judge Should Resign and Get Help

Hopefully, this (registration) Republican Judge has a better grasp of what it means to "do the right thing" than this (registration) Democrat PRC member.

A Couple of Pre-K Thoughts

I should start with a disclaimer. One of my kids enjoyed a free preschool program, and the other is currently enjoying it. It is a fantastic program at an APS high school with high school kids learning about education while teaching preschoolers. The program only meets three days a week for about three hours each day.

I am sharing this because my sons' experience, as well as a brief stint I had as a kindergarten teacher, have a lot to do with my feelings about HB 337, The Pre-Kindergarten Act. Preschool is a good thing. It introduces children to the concept of school and gets them used to the dynamics. When I taught a kindergarten class, it was easy to pick out the kids who had had some sort of pre-k experience.

However, what has been introduced is not pre-k so much as it government run daycare with a licensed teacher. Kids don't need to be in a preschool program every day of the week to get the benefit of the program, and based on which "teachers" my kids spend the most time talking about, the programs don't have to be run by certificated teachers.

So, let me make a suggestion. If your really want the best for New Mexico's kids, then amend this bill so every parent in New Mexico with a preschool age child can get a voucher to use at whatever public or private preschool program they want. Make the voucher for enough to cover three, three hour days of preschool for an eight month period. If you don't do this, we're sure to see more fiascos like this one (subscription):

Albuquerque Public Schools awarded a $387,000 state grant to Youth Development Inc. Head Start and the city to provide full-day preschool to 80 children without allowing private providers an opportunity to bid on the grant.

APS officials said time limitations caused them to select "entities we already had relationships with," saying there were "no real mechanisms" in place to extend the grant to all providers.

Private providers say they have good, accredited programs, room in their facilities and are ready to work with the state, but they're not being asked.

Let me be clear, our kids don't need to be in full day preschool. That is not preschool. That is daycare, and it may even be detrimental to the children's health. As long as I'm stating the obvious, let me also point out that the any business group pushing the current pre-k legislation is out of line. If the business community, of which I am a member, wants $9 million a year spent on early childhood education, because we believe it is in our own best interest, then we should pony up and provide our own funding for a preschool voucher program.

For the record, I'll put my money where my mouth is, and you can count me in for a $1,000 for the business community sponsored preschool voucher program. Just send me an email and let me know where to send the check.

Try Education Instead of Legislation

On a state level, and now on a national level, New Mexico's elected officials are trying to protect the poor, as well as the financially irresponsible, through misguided legislation. This is the latest:

Millions of low-income American workers paid more than $690 million in unnecessary fees and excessive interest in 2003 to quickly collect their tax refunds, according to reports issued today by the Children's Defense Fund.

Through the use of Refund Anticipation Loans (RALs), low-income taxpayers were burdened with interest rates that exceed as much as 700 percent-an unconscionable business practice that siphoned needed cash away from working families.

In 2003, about 6.9 million low-income workers nationwide purchased Refund Anticipation Loans- short-term, high-interest loans that commercial tax preparers push onto low-income tax filers as a way of receiving their tax refunds in a more expeditious manner. The loan is repaid from the tax refund, but the fees associated with the RAL end up costing the individual a large percentage of the refund. The appeal to many families is that, with the RAL, families can receive their tax refunds within two days.

Senator Jeff Bingaman has proposed a government solution:

[Children's Defense Fund] is also working nationally and in states across the country to advocate for legislative reforms that will regulate the marketing of RALs to low-income families. To that end, CDF commended the efforts of Senators Daniel Akaka of Hawaii and Jeff Bingaman of New Mexico who have introduced into Congress the Taxpayer Abuse Prevention Act, which would limit abuses in the RAL industry and make it easier for working families to open low-cost bank accounts so they can receive quick electronic refunds without paying onerous fees.

No, no, no. As with so many proposed government solutions to government created problems, this is not the solution. First off, free checking accounts with no minimum balance are already available at any number of banks. Second, marketing is not the problem. People are not driven to a RAL decision by marketing, they are driven by the need for money. All the marketing does is help them choose one source over another.

Let's talk about a solution that actually makes sense. As a member of the Taxpayer Advocacy Panel for the last two years, I endorsed a recommendation forwarded for better financial literacy and tax preparation education for our nation's students. There is absolutely no reason that our kids are not being taught how to properly fill out a 1040 EZ tax return beginning in their middle school math classes and continuing every year until high school graduation. Why this isn't done on April 15th in every classroom across America is a mystery to me.

Power to the People

In a clear demonstration that the Republican Party is now a party of and for the people, Freshman Representative Greg Payne (R) has gone ahead and introduced HJR7, Law and amendment Initiative Process:

Section 1. It is proposed to amend Article 4 of the constitution of New Mexico by adding a new section to read:

"A. The people reserve the power of initiative to amend the constitution and laws of New Mexico.

B. The initiative is the power of the people to propose statutes and amendments to the constitution of New Mexico and to adopt or reject them. A constitutional amendment proposed by initiative requires a petition signed by a number of qualified voters equaling not less than eight percent of the votes cast for all candidates for governor at the last gubernatorial election, and a statute proposed by initiative requires a petition signed by a number of qualified voters equaling not less than five percent of the votes cast for all candidates for governor at the last gubernatorial election."

Considering the initative history outlined by IRI, it is appropriate that this resolution to join all of the other Western states and make us the twenty-fifth state with an initiative process was introduced by a Republican:

In 1910 statehood was just around the corner, and New Mexico voters elected delegates to a convention that drew up a constitution for the proposed new state.

Of the 100 delegates, initiative and referendum supporters included 23 Democrats, 19 Democrat-Populist "Fusionists," and at least a dozen independent Republicans: a majority of at least 54 percent. The Albuquerque Journal noted, however, that "every one of the candidates whom the Journal attacked as bosses, railroad attorneys, and corporation lawyers have [sic] been elected to the Constitutional Convention."

The Republican Party, which dominated the convention with 58 delegates, set up procedures so that its leaders - the anti-I&R "Old Guard" - ran the meeting. The independent Republicans were enticed to drop their push for I&R by a promise of support for their pet proposal, a constitutional provision mandating popular election of state supreme court justices and corporation commissioners. Once this was done, the Democrats and Fusionists knew that the Republican leaders could prevent I&R from even coming up for a vote. Rather than lose on both initiative and referendum, the Democrats and Fusionists decided to drop initiative and push for a referendum provision alone.

Well, times have long since changed, and the power now sits with the Democrats. Lord Acton said, "Power corrupts, and absolute power corrupts absolutely," and it would seem that the Santa Fe New Mexican's blogging reporter Steve Terrell believes this to be true of our legislators:

After all, for [Payne's] idea to become a reality, it'll have to go through the Legislature, which is made up of a lot of people who have invested a lot of time and money to amass what power they have. Many, probably most, aren't inclined to give up that power. In effect, Payne's asking the foxes to voluntarily give up their guard post at the hen house.

This is one resolution that you're going to want to watch very closely for a number of reasons. First, it will be interesting to see whether or not New Mexico's progressive blogging community here and here mobilizes to support the resolution. There is nothing is more progressive than an initiative process.

Next, observing whether or not our legislative leadership kills the resolution in committee will say a great deal about how addicted to power they've become. The bill is currently referred to the House Rules and Order of Business Committee chaired by Representative Nick Salazar (D) and the Vice-Chair is the powerful House Majority Leader, Representative Ken Martinez. The committee convenes at the discretion of the Chairman.

Also worth noting will be the attention, or lack there of, given by the mainstream media and their editorial boards to this issue. This legislation has an unparalleled opportunity to change politics in New Mexico. Our elected officials would no longer be able to suppress democracy and subvert the will of the people through legislative maneuvering.

Lastly, if it does make it to a floor vote, you'll want to pay close attention to our citizen legislators and their rationale for voting against it. Many will provide a Madisonian fear as their foundation for rejecting an initiative resolution. But make no mistake, a "nay" vote is the same as loudly proclaiming "I have no faith in my fellow New Mexicans. The Power is mine, and I'm not about to share it."

C'mon Governor Fess Up

If you haven't read the AP article in the Santa Fe New Mexican (registration) about Governor Richardson's 2008 run for president, you should:

Although Gov. Bill Richardson has been coy since last November's election about whether he plans to run for president in 2008, he has told party leaders he will run, according to a Monday report by The Associated Press.

Make sure to take time to peruse the comments posted by readers. Then you should take a gander at Steve Terrell's follow up post on the SF New Mexican blog which contains these gems:

"I made no such comments," Richardson said to a gaggle of reporters who confronted him in the hall of the Capitol immediately following his appearance on the CNBC show Power Lunch.

Commenting on the author of the story, Richardson said, "Ron Fournier is the best reporter, but I don't know who he's referring to."

You know why I love journalists who blog? This is why:

A little journalistic formality here. [Steve] contacted Ron Fournier about Gov. Richardson's comments on his initial story. As per Associated Press policy, he said he couldn't comment and referred me to his editor Donna Cassata.

Cassata said, "We stand by our story."

Of course, the SF New Mexican isn't the only paper covering the Governor's denial. The Albuquerque Tribune's Shea Anderson has this post:

Gov. Bill Richardson was in the hallways this morning, so reporters had a chance to ask him about last weekend's report from The Associated Press on his presidential aspirations.

Maybe regular readers can recite along with Richardson here:

"Right now I'm focused on the session," Richardson said. "I'm concentrating on re-election already. That's all I want to say."

Pressed on the matter, Richardson said, "There's been this kind of speculation, but I don't want to talk about anything beyond my re-election."

According to the AP article, we've gone way past the point of "speculation." Somebody ought to kindly remind the Governor that even if he doesn't "want to talk about anything beyond [his] re-election," the fact that he's "concentrating on re-election already" entitles New Mexicans to know the truth about his plans.

You see Governor, it isn't always about you and what you want. Sometimes, it is about us, the New Mexican voters, and what we need. First and foremost, we need to know how often we would actually see you in the state if we re-elected you to a second term.

Colorado Judge Punishes Sweet Kids

A perfect example of a frivolous lawsuit and a system that needs reform.

Watch Out, Here Comes the County

Following in the footsteps of the State Engineer, the Bernalillo County Commission is taking the first steps toward government intrusion (subscription) on private property water rights.

Commission Chairman Alan Armijo said it's time for the county to promote conservation. Residents hooked up to the municipal water system are already subject to conservation rules.

"I think it's real important we set out a program" for the rest of the county, said Armijo, whose district includes the West Side and North Valley. "Water is not just an issue within the city but everywhere in the county."

Armijo said he hopes to start with an education campaign about the need for conservation before considering mandatory measures.

Customers of the municipal water utility - which is overseen by the city and county governments - are prohibited from daytime watering in the summer, when the heat evaporates much of the water. They are also barred from letting their water spill into the street.

Fines start at $20 and escalate to $1,000 for repeat offenders.

But residents who have their own wells in rural parts of the county don't face fines or other sanctions for wasting water. It would be difficult to crack down on people who have private wells and water rights, county officials have said.

It wouldn't just be difficult. It would be impossible. Unless, of course, you required everyone on a private well to install meters, and then charged or fined them for water usage over a certain amount. Of course, if this amount is less than their allotted three acre feet per acre of land, this would be an unnecessary seizure of private property rights.

See, unlike municipal water users, people living in the county are very much aware that if they use too much water, their well goes dry, and then they have to spend a great deal of money to drill a new well. Chairman Armijo, according to the water use tables, focusing on residential water use in the county is pointless. I hope you aren't spending too much of my tax money on that unnecessary study.

Governor Remains Silent on School Failings

For the second time in less than 30 days, New Mexicans are seeing that the creation of a Secretary of Education and increased spending has had absolutely no impact on student performance (subscription) or school accountability.

The percentage of Albuquerque 10th-graders who passed the state's high school exit exam fell to a three-year low last year, officials announced this week.

Around 71 percent of 10th-graders in Albuquerque Public Schools passed all parts of the New Mexico High School Competency Exam during the 2003-2004 school year. That's a five-point drop from the previous year, when 76 percent of Albuquerque high school sophomores passed all parts of the exam. During the 2001-2002 year, 77.5 percent passed all parts.

Rose-Ann McKernan, director of APS Research, Development and Accountability, said the district's drop mirrors a similar decline across the state. "It's a statewide phenomenon we can't explain," she said.

Statewide, only 65 percent of sophomores passed all portions of the exam in 2003-2004. The previous year, around 69 percent passed.

This story ran on the front page of Friday's Albuquerque Journal. All weekend, I searched in vain to find Governor Richardson's response to this outrage. I just couldn't imagine that he would sit silently on the fourth floor of the Roundhouse while the quality of our children's education continued to decline. As a man of his word, Governor Richardson should be compelled to action by this campaign promise:

Yes on One means now there will be a Secretary of Education -- providing real accountability for our educational system -- and ensuring that for the first time, the buck stops with one person, the Governor.

According to my count, Governor Richardson, there are now two bucks sitting on your desk. You wait long enough to do something about this education slide, and you might have enough money to pay for that new train, but I'm not sure it will really take you to where you want to go.

Just in case, you're thinking that schools are going to see the light and straighten out this mess on the their own. Let me share with you these closing quotes from the Journal article:

McKernan said that most universities in New Mexico will accept students with a "certificate of completion."

In addition, private school students in New Mexico aren't required to take the New Mexico High School Competency Exam to receive a diploma.

APS board member Leonard DeLayo said private schools are getting a free pass. "You can call it a high school degree for sale."

Thanks for putting our mind to rest Rose-Ann. It doesn't matter if our kids fail miserably in high school. They can still get into New Mexico's Universities. Hmm, I wonder what that does for University completion rates. Oh yeah, I almost forgot. Board Member DeLayo deserves a special nod for pointing out that the real issue is the scam being perpetrated on those poor kids in private schools.

Introduce A Memorial With Impact

Every legislative session there are a lot of pointless memorials introduced. Why just the other day I was sitting in the House Gallery and heard Representative Mimi Stewart introduce and pass one such memorial.

A joint memorial requesting that the taxation and revenue and economic development departments convene a task force to study the effectiveness of the state's economic development incentives in achieving their objectives and outcomes.

Several legislators, Representative Dan Foley among them, pointed out that it is the job of the state EDD to produce those findings. I have to agree. Expecting a department to provide the quantifiable results of their program should not require a memorial, it should just be chalked up to basic old fashioned accountability. If any department is unable to do it, might I suggest suspending their funding.

Obviously, certain members of the House are struggling to find memorials to introduce. Well, since I'm a helpful sort of chap, I thought I'd offer Representative Stewart a sample of a real issue that is worthy of a memorial. You know, a memorial that would actually be meaningful in improving the lives of New Mexico's citizens. Here is the idea taken from retired Judge Jack Love's blog:

The six-month rule states that felony criminal cases in New Mexico must go to trial within six months. If a felony case does not go to trial within six months, the rule requires that the Judge dismiss the case and release the accused, free of such charges, forever. Persons accused of murder have been set free on this technicality. The archives of the Albuquerque Journal report many cases where charges of murder, vehicular homicide, and other felonies were required to be dismissed, and the accused set free, never to be tried again, because of the six-month rule. Search the archives under "six month rule."

This sounds like a serious issue to me that needs to remedied. Good news is that Judge Love provides the solution, and I would urge everyone to read Judge Love's post in its entirety. However, for those of you dashing off to committee, here is the executive summary:

The federal rule of criminal procedure allows the Judge to dismiss the case without prejudice, allowing the prosecutor to re-file the case. The New Mexico rule can be changed to follow the federal rule. This would take action by the Supreme Court of New Mexico, but would not require any action by the Legislature. The Legislature may want to pass a memorial asking the Supreme Court to amend the six-month rule.

So, how about it? You think we could get an anti-criminal memorial through the legislature? Granted, this is not on the level of legislating world peace, but it sure would help my family sleep better at night. By the way, Judge Love has a well documented history of great ideas, so you really ought to listen to his proposal.

Look Who's Number One

My wife says, there is absolutely no reason for this post. She says, it is strictly an ego thing. As usual, she's right. But you know what, I'm posting it anyway.

Go to the MSN search engine. Type in Mario, or if you would prefer click here. In less than 60 days, this blog has secured the number one spot out of 25,370,533 websites containing the name Mario. I think that's pretty amazing. I'm not a techie. I've not spent any money on search engine optimization tools, yet I now outrank Nintendo's Mario. How much do you think Nintendo invested in their brand?

The marketing power of blogging is unparalleled. I own my first name just like Big Bill owns his. No, I'm not talking about Governor Richardson, I'm talking about Bill Gates. You know, the Microsoft guy.

Speaking of Microsoft, please don't let them know that I'm an Apple and Firefox user, I'd hate to see my ranking at MSN change.

Update: Bill Gates has dropped to the number two slot, but President Bush, Albert Einstien and I still have the number one slot for our first name.

Hey, Money is Money

The federal government has made a $170 million available to the states for a much debated abstinence-only sex education program. Personally, I would have preferred to see this money raised and spent by the private sector. And this is a perfect example of why:

After saying earlier that she had not made a decision on the matter, New Mexico health secretary Michelle Lujan Grisham this week announced that her department will use a $502,785 federal grant earmarked for abstinence-only sex education. Some New Mexico health officials say abstinence-only programs disseminate inaccurate information about condoms, undercutting public efforts to prevent teen pregnancy and sexually transmitted diseases.

This year Congress gave $170 million to abstinence-only programs, which by law cannot discuss any benefits of birth control or the benefit of condoms in preventing STDs. Grisham said her department would challenge "this narrower interpretation" of federal guidelines "and assure that factual information regarding condoms and contraception will be included in the curriculum."

New Mexico officials just can't help themselves. If they see federal money available, they feel compelled to go for it. Just sit in an audience where a legislator is talking about Medicaid, and you'll hear them say how we "need" to spend more money, so we can get the three to one match. The worse part is that they seek the money even when they plan to disregard or manipulate the guidelines. I wonder what the Character Counts folks would have to say about this.

Legislators to Create Peace on Earth

We are truly blessed in New Mexico with some top notched legislators. For example, Representative W. Ken Martinez and Senator Cisco McSorley are two very smart guys. They both managed to get through law school. They have both been reelected by their constituents a number of times. They've both landed important leadership positions in the legislature. Rep. Martinez is the former Chairman of the House Judiciary Committee and is now the House Majority Leader, and Sen. McSorley is Chairman of the Senate Judiciary Committee. Well, good thing we have such politically and intellectually savvy legislators looking out for the best interests of New Mexicans.

Apparently inspired by the sentiments on many a holiday greeting card, these two gentleman have made it their mission to bring "Peace on Earth." And they knows if you want anything done, it is critical to create a new government office funded by taxpayer dollars. With this in mind, Rep. Martinez and Sen. McSorley have introduced House Bill 280 and Senate Bill 277 the "Office of the Peace Act." Let's take a look at just two sections of these historically significant bills:

Section 2. PURPOSE.--The purpose of the Office of Peace Act is to establish an office dedicated to peacemaking, justice and human rights; training that will enable the prevention, management and resolution of conflict without violence; and the study and implementation of conditions that are conducive to a culture of peace.

Section 9. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the office of peace for expenditure in fiscal year 2006 to carry out the provisions of the Office of Peace Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall not revert to the general fund.

These sections are complemented by another section of the bill that outlines the important responsibility the director will have "to develop a peace education curriculum. Finally, the solution to the war and violence that has plagued this world since the dawn of man will be solved for a measly $250,000. Funding begins for this new office on July of this year, so you can expect turmoil in greeting card industry as they scramble to design new Christmas cards which read: "Enjoy the Peace on Earth" courtesy of the New Mexico Legislature.

Save Money and Bring Back Recess

You have to wonder if the people who make laws regarding children have ever actually been around any kids. Tell me if this rings a bell:

"No running in the halls." "Slow down."

There is not an elementary school in the nation where these words are not uttered on a daily basis. Why? Because elementary school kids are naturally active. They can't sit still. I know this from my own kids, and from my time as a teacher in an elementary school. Turn them loose on a playground and watch the calories burn.

So, what's the deal with Governor Richardson proposing $9 million dollars (subscription) in new funding to bring P.E. teachers and health centers into the elementary schools. Apparently, the folks up in Santa Fe feel this is the solution to our state's obesity problem:

It would establish one PE teacher for every 250 students, says Secretary of Public Education Veronica Garcia.

"Currently, there's no requirement that PE be taught by a certified PE teacher," Garcia says, explaining that the majority of elementary schools do not offer PE by a PE instructor. While PE is required, elementary schools are not required to hire a certified PE teacher to teach it. Middle and high school PE do require certified PE teachers.

"It's not the PE we had," says Garcia of the proposed new PE plans. "This is more focused on lifelong fitness."

Give me a break. There was nothing wrong with the P.E. we had as kids. Our problem is that as adults we don't play enough. Most people are lousy when it comes to achieving balance. We avoid exercise and have lousy eating habits. Don't tell me we weren't taught how to eat right. My first grade son just had the same discussion about food groups that I had when I was in first grade. We have all been taught healthy eating habits. We all know that we should be exercising, but we just don't do it. Heck, Governor Richardson was almost a professional athlete and look at his current physique.

Not every societal problem has a government solution. Sometimes a lack of personal responsibility is the culprit. By the same token, state government should become accountable to rectify the problems they have created.

"All kids need the opportunity to move," said an APS elementary school principal who believes daily PE encourages kids to be active. "Unfortunately, a lot of schools have even cut out one of their recesses because of academic pressure."

You've got to love the logic. New Mexico needs to create a new multi-million dollar program in the schools to get kids active because they have taken away the no-cost exercise program that they previously had.