Governor sidesteps straight talk about alcohol vetoes

More than a month after Gov. Michelle Lujan Grisham vetoed tentative steps that state legislators had taken to address New Mexico’s worst-in-the-nation rate of alcohol-related deaths, her office offered rationales that don’t square with her actions. The governor vetoed the first increase in alcohol tax rates in 30 years but she does not oppose increasing alcohol taxes, her spokesperson Maddy Hayden emailed New Mexico In Depth. The one-penny increase — watered down from a proposed hike of a quarter-per-drink—“would not have a material effect on alcohol prevention and treatment,” Hayden added, declining to say whether the governor supported a larger hike. The governor also vetoed a measure that would have directed tens of millions of dollars of existing alcohol tax revenues to alcohol treatment and prevention but she “believes unequivocally” that New Mexico needs to devote more resources to addressing alcohol misuse, according to Hayden. The governor felt the Legislature’s tax package represented “a potentially untenable hit to the general fund” and vetoed the reallocation of alcohol tax revenues “out of fiscal responsibility,” Hayden said, declining to clarify why the governor didn’t then retain the alcohol tax hike, which would have generated $10 million annually. 

The vetoes continue to puzzle and disappoint Democratic legislators and senior members of her own administration.

Lujan Grisham axes tax increase on booze

Gov. Michelle Lujan Grisham on Friday struck down the first alcohol tax increase in 30 years meant to address a public health crisis that claims thousands of New Mexican lives a year.Lujan Grisham’s veto came as a surprise to state lawmakers. During weeks of negotiations with the governor’s office and each other during the legislative session, lawmakers had shaped a $1.1 billion tax package only to learn that she had liberally crossed through line after line in the 119-page bill.The decision to eliminate the alcohol tax, in particular, contradicted the rhetoric coming out of the governor’s office this week leading up to the vetoes. 

Lujan Grisham sounded the alarm about the potential for the tax package to undermine the state’s long-term financial health. The proposed tax cuts represented future dollars the state would not collect, which some pointed to as a risk given the state’s volatile revenue stream. New Mexico is overly dependent on the boom and bust cycles of the oil and gas industry.However, the nominal increase to the state alcohol excise tax — less than 1 cent on a 12 ounce beer and about one and a half cents per servings of wine and liquor — would have generated roughly $10 million a year. 

The tax bill would have directed those dollars as well as about $25 million in money that currently goes to the state’s general fund to a new Alcohol Harms Alleviation fund for treatment. 

Unclear is why the governor didn’t eliminate the harm alleviation fund in the tax bill, while keeping the tax increase, given her concerns over shoring up the state’s revenues. 

Among those stunned by the governor’s decision Friday was Sen. Antoinette Sedillo Lopez, D-Albuquerque, a co-sponsor of the proposal to increase the state alcohol tax.“I would expect an increase in alcohol excise tax would be welcome in light of the harm to the communities and cost to the state due to alcohol,” Sedillo Lopez said Friday afternoon.Maddy Hayden, the governor’s spokeswoman, declined to say why Lujan Grisham had vetoed the alcohol excise tax increase when it would have put dollars into New Mexico’s coffers.She did say, however, “The governor spoke at length to the media (Friday) about the continued need for dedicated resources to address alcohol misuse. As you know, she recommended creating an office at the Department of Health dedicated to alcohol misuse and the budget as signed includes $2 million for that purpose.”Hayden was referring to a Friday afternoon press conference Lujan Grisham held in Santa Fe.In 2021, alcohol killed 2,274 New Mexicans in 2021, at a rate no other state comes close to touching.

How a 25¢-per-drink alcohol tax fell apart

The Santa Fe New Mexican chronicled how efforts to increase taxes on alcohol over the past 30 years have hit a brick wall at the Roundhouse. Lawmakers budged in 2023, raising the tax per drink by a penny — far short of a 25 cent proposal. Illustration by Marjorie Childress. Ever seen someone make a quarter disappear? You did if you watched this year’s legislative session, where advocates seeking to stem the state’s tide of alcohol-related deaths proposed a 25¢-per-drink tax — and lawmakers shrank it down to hardly a penny.

Lawmakers water down alcohol proposals amid public health crisis

ALBUQUERQUE, NEW MEXICO – JUNE 26, 2022: The alcohol department at a grocery store Albuquerque, NM on June 26, 2022. CREDIT: Adria Malcolm for New Mexico In Depth

The alcohol industry notched a victory Saturday as the Legislature approved an alcohol tax hike of less than a penny-a-drink on beer and hardly more than that for liquor and wine, a fraction of the 18- to 20-cents public health advocates pushed for in this year’s session. 

Lawmakers also rejected a $5 million request from the Department of Health for a new Office of Alcohol Prevention, despite the state’s historic budget surplus. A DOH spokesperson said its epidemiology division would create a smaller version of the office anyway, using an additional $2 million lawmakers added to the agency’s budget. 

Public health experts say the tax increase is so small that it’s unlikely to have any effect on excess drinking, let alone tackle New Mexico’s worst–in-the-nation rate of alcohol-related deaths. The chair of the House tax committee, Rep. Derrick Lente, D-Sandia Pueblo, who had rejected a compromise 5¢-per-drink proposal passed by his counterparts in the Senate, acknowledged the final increase was minor on the floor of the House of Representatives on Saturday morning. “If we want to call it minimal, we can call it minimal,” he said.

Do alcohol taxes hurt poor people?

Illustration by Shelby Criswell

A bill that would raise state alcohol taxes for the first time in 30 years is in the hands of Democrats, who have a firm hold on both legislative chambers. But a major obstacle to passing the legislation is the concern voiced by some of their members about how an alcohol tax hike would affect low-income New Mexicans. 

In an interim legislative meeting In October, Rep. Susan Herrera, a Democrat whose district in northern New Mexico has a higher share of residents in poverty than the state, said she refers to levies on alcohol and tobacco as ‘poor man’s taxes’ rather than as ‘sin taxes’. 

“Not that I think poor people sin more than rich people,” she said, prompting laughter from her colleagues, “I just think they pay more for their sins.”

Paul Gessing, president of the local free market think tank The Rio Grande Foundation, testified to lawmakers that a tax on alcohol is regressive. Business interests and conservatives are making the argument, too. On Monday as the House Taxation and Revenue Committee discussed House Bill 230, which would raise state alcohol taxes to a quarter a drink, Sam DeWitt of the national Brewers Association tarred the proposal as “regressive.” So did Paul Gessing, president of the local free market think tank The Rio Grande Foundation, and Adam Hoffer of the Washington, D.C.-based Tax Foundation. 

Sen. Antoinette Sedillo-Lopez, a Democrat representing the south side of Albuquerque who is sponsoring companion legislation, insisted the measure is meant to improve the health of lower-income New Mexicans, not to impoverish them. “This bill is about changing behavior.”

Alcohol taxes are regressive by definition, according to former state tax policy director Kelly O’Donnell, at least from a technical standpoint.

Proposed Office of Alcohol Prevention steps up ambition, but is short on vision

The New Mexico Department of Health has asked the legislature for $5 million to build an Office of Alcohol Prevention, which would expand the staff focused on reducing excess drinking from a single epidemiologist to a team of 13. If created, the office would represent a significant increase in resources and personnel focused on the state’s epidemic of alcohol-related deaths, by an agency long cowed into inaction against the challenge. But some experts who reviewed an internal description of the proposed office, which New Mexico In Depth obtained by public records request, said the plan was not bold enough to meet the crisis. Tim Naimi, who directs the Canadian Institute for Substance Use Research at the University of Victoria, said that to reverse the state’s climbing death rate would require sustained strategies that influence drinking by everyone in the state, not just those who have already developed serious problems with alcohol. But he said the activities highlighted in the plan were redundant with existing practices and lacked focus and resolve.

Alcohol taxes across country are “very, very low”

Lawmakers shouldn’t read too much into the fact that New Mexico has some of the highest alcohol taxes in the country, a national expert told them today. Because “alcohol taxes across the country are very, very low.”And Richard Auxier, Senior Policy Associate, Urban-Brookings Tax Policy Center, gave lawmakers at the Legislature’s Revenue Stabilization & Tax Policy Committee hearing a clear answer to questions about whether raising taxes helps improve public health. Yes, he said, research shows that raising taxes reduces consumption and improves health. In the state that leads the country in alcohol deaths, that’s important. But when you get into the weeds of tax policy, everything becomes complicated. Lawmakers should start with understanding their ultimate goal, Auxier said. Is it to eliminate or drastically reduce consumption of alcohol? If so, it might make sense to increase taxes significantly. Or is it to improve public health while not making drinking alcohol so expensive that it becomes out of reach?

The toxic legacy of uranium mining in New Mexico

ProPublica, a national news organization, published A Uranium Ghost Town in the Making yesterday, about an important topic many Americans, including New Mexicans, still know little about: the legacy of uranium in our state and the greater Southwest. The story focuses on the residents of the small northwest New Mexico communities of Murray Acres and Broadview Acres, near Grants, who continue to suffer the potential effects of a uranium mill operated by Homestake Mining of California. Those include decades of sickness, including thyroid disease and lung and breast cancer. Homestake processed ore from a nearby mine beginning in the 1950s in an area known as the Grants Mineral Belt, a rich deposit of uranium ore that runs through the northwest corner of New Mexico. Nearly half of the uranium supply used by the United States for nuclear weapons in the Cold War came from the region.

Little-known public health councils are key to public health but chronically underfunded

The COVID-19 pandemic has laid bare the limits of New Mexico’s understaffed and highly centralized public health system. 

Unlike most other states, New Mexico does not have county-based health boards. Instead, public health services like vaccination have traditionally fallen to the chronically understaffed state health department, which has struggled to contain the pandemic’s spread. “The big lesson is that we’ve underfunded public health,” said Sen. Jerry Ortiz y Pino, D-Albuquerque. “Our infrastructure was woefully inadequate and now we’re paying the price.”

That includes funding for the state’s 42 county and tribal comprehensive community health planning councils that, in the absence of local health boards, fill an important role identifying local public health gaps and needs. Many of the health councils have gone beyond their statutory mandates, in recent months, to pitch in with local COVID response efforts – helping to coordinate local testing and vaccination efforts, get word out to local residents about where they can get booster shots, and at times serving as an important channel of communication between state health officials and local governments. 

But the health councils are woefully underfunded, despite legislation passed in 2019 that expanded their mandates and directed the health department to provide them more funding.

New Mexico drags feet on public health task force sought by lawmakers

In March, as the state scrambled to vaccinate New Mexicans after a surge in COVID-19 cases that overwhelmed hospitals nationwide, lawmakers passed legislation asking the health department to convene a task force to strengthen the state’s public health system. The panel would be one of the first of its kind in the U.S. and as other states look to do the same could serve as a model, according to American Public Health Association Executive Director Dr. Georges Benjamin. But five months later – and with less than four months remaining to prepare its recommendations for lawmakers – the task force has not met and it’s unclear when it will. 

“I’m worried,” said New Mexico Public Health Association President Shelley Mann-Lev. “We have not been given any explanation for the delay. …