House ups the ante in lobbyist regulation bill

Rep. Dayan Hochman-Vigil responds to questions about HB 131 on the House floor, while her fellow Democrat and co-sponsor, Sen. Jeff Steinborn, looks on. It was originally just a simple bill requiring lobbyists to report to the Secretary of State all the bills they lobbied on, and their position on the bills if they took one, within 14 days of the end of the session. But before HB 131 was passed by the House of Representatives last night 62-0, it was amended to include a sweeping ban on lobbyist spending on lawmakers during a legislative session. “My intention is to limit a lobbyist from making any expenditure, whether they’re providing a committee dinner, whether they’re putting drinks in your office, whether they’re putting cookies on your table, it’s removing them from the process,” Republican Minority Leader Jim Townsend of Artesia said when explaining the amendment. State legislators are already barred from soliciting campaign contributions from January 1 through the end of each legislative session.

Lobbyist transparency bill headed to House floor

Legislation to require more public transparency about lobbying that goes on during legislative sessions passed its second committee yesterday, House Judiciary. HB 131 would require lobbyists to report to the Secretary of State all the bills they lobbied on, and their position on the bills if they took one, within 14 days of the end of the session. It’s “a transparency bill, obviously. We think it’s short, sweet and to the point,” said Rep. Dayan Hochman-Vigil, an Albuquerque Democrat. Her co-sponsor, Sen. Jeff Steinborn, D-Las Cruces, said the bill would bring “all those players out into the sunlight and have all that be disclosed to the citizens of the state.”

A concern first raised last week during its first committee hearing continued to be a focus yesterday.

Bill to increase political reporting, raise contribution limits clears Senate

Senate Majority Leader Peter Wirth

An almost decade long saga may end this year if the latest effort to reform New Mexico’s unconstitutional campaign reporting act makes it to the governor’s desk. Senate Bill 3, sponsored by Democratic Sen. Majority Leader Peter Wirth of Santa Fe, would increase public disclosure of money spent to influence elections by requiring certain groups not covered by the act now to begin reporting their political spending. The bill also raises campaign contribution limits. The bill passed the Senate today easily, with only Democratic Sen. Jeff Steinborn and Republican senators Craig Brandt, Pat Woods, Bill Sharer, Cliff Pirtle, and Mark Moores voting against it, and now heads to the House. A similar bill passed the Legislature in 2017 but was vetoed by former governor Susana Martinez.

Public disclosure of legislation a lobbyist works on moves forward

Lobbyist Tom Horan talks to the House State Government, Elections and Indian Affairs committee about why he opposes a lobbyist disclosure bill during the 2019 legislative session. An effort to require more transparency from lobbyists passed its first hurdle in the House. The idea behind HB 131 is pretty simple: lobbyists would report a few weeks after a legislative session ends what bills they worked on, including their position on each bill, if they had one. One of the bill co-sponsors said the measure aimed to help the public have a greater understanding of how policy is made. “We’re approached in the hallway, approached in the bar, people talk to you at a reception,” Sen. Jeff Steinborn, D-Las Cruces, told the House’s State Government, Elections, and Indian Affairs Committee Monday.

Effort continues to make “super secret” capital outlay list public

The House made quick work last week passing a measure that would lift a veil of secrecy on how individual lawmakers allocate capital infrastructure money under their control. Currently, New Mexico is the only state in the nation that allows legislators to divvy up among themselves a big chunk of infrastructure money to direct to projects as they see fit. And it allows them to keep secret which projects they choose to fund, although the information is readily available in an existing database. Sen. Sander Rue discusses capital outlay transparency with the Senate Rules committee in 2018, during which rural legislators explained their reservations about the measure. Sen. Daniel Ivey-Soto, D-Albuquerque, called it the “super-secret private list which is the one that actually appropriates the money” last year during a Senate Rules Committee debate on the issue.

Lobbyist loophole fix heads to gov. as lobbyists spend nearly $90K

A bill requiring full disclosure of lobbyist expenditures is heading to the governor’s desk after being fast-tracked through the Legislature as part of the “rocket docket,” a set of bills prioritized after gaining legislative approval in previous sessions only to be vetoed by former governor Susana Martinez. Meanwhile, lobbyists or their employers have already reported spending almost $90,000 during the session. SB 191 fixes a mistake made by legislators in 2016 when they inadvertently got rid of a requirement that lobbyists and their employers report a total of smaller lobbying expenses. Transparency advocates characterized it as a step backward in an ongoing effort to create more transparent government. If Gov. Michelle Lujan Grisham signs the bill, which she has indicated she will, all expenditures will have to be reported in the future, including the total of individual expenses under $100.

Improperly Sealed: Lawyers, not judges, selecting which NM fed court documents stay secret

Prosecutors and defense lawyers have shielded records from public view without a judge’s order in New Mexico’s federal courts, an apparent violation of the U.S. District Court of New Mexico’s own rules, New Mexico In Depth has learned. Judges, not lawyers, are supposed to decide which documents are made available to the public and which should remain secret through an established protocol based in part on decades of case law: Attorneys must submit a written request asking a judge to seal records and a judge must consent before records are sealed. Despite this well-known standard, in numerous instances spread among three criminal cases, the New Mexico offices of the U.S. Attorney and the Federal Public Defender have decided unilaterally to make documents secret without a judge’s order, according to a review of federal court records by NMID. It is not clear how many of the thousands of federal court records each year have been sealed this way, but one federal public defender says the practice has gone on for years. “There has been a long-standing practice in the District of New Mexico for parties to elect to file a document under seal, without prior approval of the district court,” attorney John Robbenhaar wrote in an emailed response to questions from NMID.

Newspaper’s lawsuit forced open pardon documents

For the first time, SFR and New Mexico In Depth can present vignettes of Gov. Susana Martinez’s pardon files — stories about crime, punishment and redemption. If not for a years-long legal fight, the public likely would never have seen the stories. In 2013, SFR sued the governor for failing to turn over various public records. The most significant of them were the applications people had made to the governor requesting pardons. Martinez’s office argued executive privilege shielded the pardon files from disclosure.

‘Nothing ever dies’ at the Roundhouse, except maybe transparency

Gov. Susana Martinez wants each state lawmaker to disclose how much he or she spends on projects around the state. Making their emails public would be nice, too. However, the governor isn’t keen on sharing information about legal settlements the state negotiates. As for state lawmakers, they aren’t rushing to support calls from Martinez or some of their colleagues to shine more light on how the Legislature works. Legislation that would help New Mexicans better understand New Mexico state government is going nowhere fast in the legislative session that ends Thursday, a review by New Mexico In Depth has found.

Lobbyist transparency takes a nosedive

In our society, money buys things. That includes at places like the Roundhouse in Santa Fe, where the textbook ideal is an informed citizenry empowered to ask elected officials educated questions about how decisions are made but where the reality often is more muddy.

What money buys in Santa Fe is a pressing question these days in New Mexico, where in the past three years, a former secretary of state has pleaded guilty to embezzlement and a former state senator has been convicted of bribery.