THINGS YOU NEED TO KNOW

1. "TAKE IT OR LEAVE IT" -- DEMS IGNORE BIPARTISAN SHERIFFS' INPUT AND PUSH ANTI-2ND AMENDMENT "RED FLAG" BILL

Late last week in a secretive meeting in Santa Fe, Democrats signaled their intent to revive the anti-2nd Amendment "red flag" law to confiscate guns from citizens without due process. Democrats feigned their "disappointment" that the sheriffs weren't in attendance to offer their input publicly when in reality the members of the NM Sheriffs' Association weren't even invited.

From the Santa Fe New Mexican:

State Rep. Daymon Ely is moving forward with a plan to propose so-called red-flag gun legislation without modifying it based on criticism from state sheriffs, saying an attempt to compromise with them has failed....

Legislation allowing for “extreme risk protection orders” would let law enforcement obtain a court order to remove guns from people considered dangerous. Ely and Rep. Joy Garratt, D-Albuquerque, proposed a bill in the last session that cleared the House but wasn’t taken up in the Senate.

Since then, legislators and the sheriffs have attempted to work together on new legislation. In August, the New Mexico Sheriffs’ Association sent a letter outlining its objections to the previous bill after it participated in a June meeting on the matter with Ely and members of the office of Gov. Michelle Lujan Grisham.

On Wednesday, Ely called that feedback “unworkable.”

The August letter, written by San Juan County Sheriff Shane Ferrari, said the current draft of legislation would circumvent due process and that people considered a threat should be entitled to a hearing before having their arms taken away.

“Depriving a person of a right to possess firearms should only happen after a hearing of which the person has notice and is given an opportunity to participate,” Ferrari wrote....

Cibola County Sheriff Tony Mace, who chairs the association, said Wednesday the sheriffs stood by the objections they stated in the August letter and said lawmakers had not been willing to consider their point of view.

“We’ve put our recommendations out there,” Mace said. “It’s pretty much, ‘This is the way it is, take it or leave it.’ There’s no give or take on the other side.”

Ely said he and Garratt now plan to propose legislation for the next session that is very similar to the bill from last session....

Ely and other Democratic lawmakers on the committee said they were “disappointed” that there were no sheriffs at Wednesday’s meeting.

“I’m also frustrated that we don’t have any participation today from the sheriffs,” said Sen. Peter Wirth, D-Santa Fe.

Mace said, however, that his association was not aware of the meeting.

“We weren’t invited,” he said. “I didn’t even know there was a meeting today.”

The only lawmaker at the committee hearing to express criticism of the legislation was Rep. William Rehm, a Republican from Albuquerque.

He said he believed warrants issued under the law should require a preponderance of the evidence, rather than probable cause.

“We’re talking about their Second Amendment rights,” Rehm said. “I think you need to use the highest standard if you’re going to take away someone’s constitutional right.”

2. STATE BUDGET DISCUSSIONS BEGIN AHEAD OF 2020 LEGISLATIVE SESSION; GOP PROPOSES RETURNING SURPLUS MONEY TO TAXPAYERS

In just over two months, state legislators will gather in Santa Fe for the 30-day legislative session. Being an even-numbered year, this session should be strictly focused on formulating a budget (unless of course, Democrat Gov. Lujan Grisham proceeds with adding some of her progressive bills, e.g., anti 2nd amendment, pro-legal pot, to the agenda).

From the Albuquerque Journal:

The oil boom in southeastern New Mexico is filling the state’s bank account with cash.

But a key legislative committee is warning state agencies not to get greedy as they submit their budget requests.

Guidelines issued by the Legislative Finance Committee (LFC) say lawmakers’ goal is to propose a balanced budget with a “single digit growth rate,” or less than 10%.

That’s a healthy increase, of course, but it’s less than the amount expected to be available.

Staff economists have estimated that more than $900 million in “new” money will be available in the next fiscal year, a 13% percent increase over this year’s spending levels.

Unspent money, of course, can boost state reserves....

The governor and LFC will each issue separate budget proposals shortly before the legislative session begins Jan. 21. Passing a budget is typically the top priority in a 30-day session.

State House Republicans are discussing their own plans for what might be done with the surplus money. One idea is to issue a rebate to New Mexico taxpayers -- before greedy Democrats can waste it.

From the AP:

State lawmakers in the Republican minority are crafting a proposal that would return some of the state’s budget surplus to taxpayers rather than spend it on government programs and services.

Republican House Whip Rod Montoya of Farmington says his caucus is drafting a pay-back proposal as well as a bill to lower New Mexico’s gross receipts tax rates on sales and business transactions. The Legislature reconvenes in January 2020.

The gross receipts tax provides for roughly half of annual state government general fund spending. Its critics say exemptions and loopholes have led to unnecessarily high rates for most residents.

3. OTHER NEW MEXICO NEWS BRIEFS
Recreational marijuana bill anything but a sure bet. A Santa Fe New Mexican columnist reminds readers that the same legal pot bill failed before and is poised to fail again; this, as the governor inexplicably lays the groundwork to include this legislation in the upcoming budget session (don't we have other priorities, governor?)

Gov. Lujan Grisham opposes Trump proposal on methane rules. It doesn't matter if the Obama regulations are completely ineffective and onerous. Democrats stand in the way of sensible deregulation.

Democrat State Sen. Martinez seeking jury trial in aggravated DWI case. We will keep you informed of developments in this case as Democrat Martinez, chair of the Senate Judiciary Committee that writes DWI laws, continues to fight against a mountain of evidence against him. A 2-day trial is currently scheduled for Nov. 18th. Will it actually happen?

'Saturday Night Live' mocks New Mexico Trump supporters. It's OK, 'SNL', have your laugh at our expense. Meanwhile, Chairman Pearce encourages the President's supporters that they will have the last laugh when President Trump is reelected in 2020 with New Mexico in his corner.

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