Legislation
Senator Tim Keller (SD-17) Takes on Big Legislative Agenda.
Senator Tim Keller (D-Albuquerque) has introduced legislation aimed at some of the state's most salient issues and urgent problems, including thirty bills ranging from tax breaks to re-branding his district to board of regent reform. "Most of my bills are homegrown, ideas I got while knocking on constituents’ doors last spring or ones that have been percolating in head for years now. I view the issues I'm working on as a long term task over several years but also know I was sent up here to get the ball rolling now." 

Tim has introduced 50 pieces of legislation ranging from higher education reform to small business development. He passed 10 bills: 6 of which were signed into law by Governor Bill Richardson establishing a 40% solar tax credit, community schools initiative, unemployment support, ethics reform, sweeping state investment fund (SIC) reform, economic development accountability incentive reform and an adaptive driving program.

Bill Number
Title
Summary
IN-STATE BUSINESS PROCUREMENT PREFERENCE
This bill, endorsed by the interim committee on investment oversight, is a response to issues facing the state investment funds, 3rd party marketing decision making and structural conflicts of interests. The bill contains best practices from around the US, both public and private funds and the Enis Knupp report. It includes provisions that address: board membership, SIO appointments, board responsibilities, roles and responsibilities, expertise requirements, alternative asset classes and several other governance provisions.
The purpose of this bill is to benefit New Mexico businesses by giving them a greater preference advantage for in-state contract bids. This is accomplished by: Applying the preference to New Mexico businesses only and taking out any preferences for New York state businesses enterprises, narrowing the definition of a “resident business”
Increasing the in-state preference from 5% to 10% for companies applying for in-state bids. This bill defines a “New Mexico resident business” as one that is authorized under state law to do business in New Mexico, has staffed an office and paid state taxes for two years prior to applying
CHANGES TO STATE INVESTMENT BODIES
SB 18: Changes to State Investment Bodies
The rationale for this bill is to apply the “agency theory” to the governance of investment funds. The agency theory is when an agent acts on behalf of a principal in order to advance the goals of the principal. The agency theory is a way to separate ownership from control. Applying this theory to investment bodies will create a strong, stable, and capable committee structure that will improve quality and accountability. This will improve and protect objectivity and independence in investments, foster greater public confidence, establish structural and institutional confidence, and promote honest and ethical conduct.
ATTORNEY GENERAL SECURITIES ENFORCEMENT
Investment Fraud Accountability: provisions that give the AG investigative authority for securities fraud. Currently the authority rests with in the executive branch (inside the licensing and regulations department) creating a structural conflict of interest. This bill also broadens the threshold for prosecution of fraud (from the Martin Act from NYC)
TAX & REV DEPT. TAX EXPENDITURE BUDGET
Requires tracking of all revenue foregone by various tax expenditures and incentives. It also would track the benefits associated with each policy to the economy (jobs created, businesses grown etc). This is used in 42 other states in one form or another. With this in place we will be able to evaluate the effectiveness of our tax policy and economic incentives. LFC estimates we have at least $2 billion in total exemptions, incentives and tax expenditures.
PROHIBIT CERTAIN MEDICAID CUTS
This bill will protect people who are currently enrolled in the Medicaid program, or who are receiving a developmental disabilities waiver from having their Medicaid benefits lowered by budget cuts that are made during the legislative session. The bill carries an emergency clause which will allow it to be in effect upon the date of signature from the Governor.
 
ECONOMIC DEVELOPMENT TAX INCENTIVE CHANGES
Economic Incentive Accountability: in an effort preserve our strong incentives and also add lacking accountability, this best practices (used in ABQ incentives and other states) bill would add economic impact reporting requirements, local hiring preferences and claw back provisions to our $700 million worth of economic incentives. Some of our current incentives have these provisions, but at least 30 are “give and forget” to various interests and companies.
CONTRIBUTIONS BY STATE CONTRACTORS
This would ban contributions from individuals who own or are executives at companies that receive state contacts. This bill is modeled after Connecticut law that was twice upheld by the courts. It is similar to the one Sen. Keller carried last year.
INTERIM HIGHER EDUCATION COMMITTEE
Higher Ed Interim Committee: currently Higher Education has no home in our Legislative branch, in part as a result, great ideas around talent management, budgeting, k-12 matriculation, governance, resource allocation, accreditation and planning tend to be difficult to address given the short time frame we are in session. An ad hoc interim committee tasked to translate these ideas into statutory recommendations to better support our Universities would be an effective way to combine higher education requests and legislative resources.
STATE ENERGY POLICY INVENTORY
Would create an inventory of all economic tools, incentives and initiatives regarding energy policy in our state. The ERD department would coordinate energy related government entities and industry to provide a comprehensive inventory for policy makers and stakeholders to use going forward
REVIEW MODEL ADMINISTRATIVE PROCEDURES ACT
NM is the last state in our country that does not follow this standard, as a result any executive agency can change/alter the licensing/permitting process as they see fit as many times as they like. The result is the ‘rules of the game’ are different for nearly every entity that touches state government.   This bill would standardize procedures such as public comment periods, appeal methods, fee structures and response requirements among others
BOARD OF REGENTS CONFIRMATIONS, CA
By increasing the threshold for Senate confirmation to 2/3rds this bill would enable voters to choose if they would like to raise the bar for higher education governance. A 2/3 is simple and direct way to indirectly address issues of politicization, diversity, patronage and qualifications in our higher ed system
IDENTIFY & TRACK FUTURE WORK FORCE NEEDS
This memorial calls for a collaborative effort between the New Mexico Department of Workforce Solutions and the New Mexico Economic Development Department to identify, project and track the future work force needs of New Mexico business and government. The memorial calls for the departments to engage in this long-range planning as a benefit to the state. The Department of Workforce Solutions will need to track the types of jobs that will meet future work force needs. With this information, the Economic Development Department will be able to more carefully consider the needs and abilities of the State’s work force as it recruits industry to the state.
BIENNIAL NM BUSINESS EXPO
This memorial recognizes the need for continued job growth and development through out the state. This business expo will allow businesses to showcase their important services and products and to connect with others with similar interests promoting strong statewide business expansion opportunities.
ASIAN AMERICAN CENTER AT EXPO NM
Requesting the State Fair Commission and Expo New Mexico to meet with all interested parties in the effort to establish and maintain an Asian American Center for cultural programming at Expo New Mexico. Due to the size of the Asian community with its rich and varied traditions in New Mexico it is reasoned that a facility similar to the Indian Village, Villa Hispana Arts, and African American Pavilion should be considered. Additionally the Asian American Center will generate interest and bring visitors to Expo New Mexico year round.

Pay to Play

There are 20 plus ethics reforms bills floating around the session this year with backing from the Lt. Gov and AG and many legislators. Senator Keller's SB 258 is the most direct effort to break the link between state contractors and statewide elections, and his bill would ban state contractors from contributing to statewide election candidates and their committees. "This bill is very cut-nd-dried; if you are a contractor, you cannot contribute to candidates who may be responsible for hiring your firm. Pay-to-Play represents a breach of public trust. I have been working on this issue since this summer and am optimistic that recent events highlight the need for this legislation. Not only must the legislature provide for general campaign finance reform; we must make it a priority to create a sharp and effective instrument to ensure potential contractors cannot influence the public contracting process to benefit themselves. Without a bright line rule, we will continue to see people taking advantage of loop holes and grey areas in our campaign finance laws."

A New Vision for the "War Zone"

Any conversation with Senator Keller leads to his district, an area of the Southest Heights long been stuck with the tag "the war zone," a name synonymous with high crime, poverty, gangs and drugs. The name took hold in the 1980s and, despite significant improvements in all categories, is still commonly used. Keller and local officials, Rey Garduno and Commissioner Deanna Archuleta, have been coordinating with community leaders in efforts to re-cast the area in a more positive light, one that reflects the vast cultural diversity now found in this Southeast Albuquerque enclave.
SJM 24 outlines the case to re-name the area "The International District" by enumerating area facts including that 27 languages are spoken at the local high school, the presence of the state's largest Asian community and Expo New Mexico. Other proposals ask for a year around farmers market and an Asian American center. Keller hopes the state's first international language center will be part of the long term plan. "We've had a series of town halls and hundreds participating over the last year in this. Our desire for a new identity truly has come from the ground up. My constituents find the current label incorrect, offensive and unfairly damaging to businesses and property value. We have much to be proud of; much to celebrate and offer the broadest international experience you can get in New Mexico. In our community, Native Americans and New Mexicans whose families have been in New Mexico for hundreds of years live alongside recent immigrants from Mexico, Central and South America, Asia, Europe, Africa and many other countries."

Economic Development

Keller has several of bills designed to support economic growth and provide jobs to New Mexicans. The bills cover a wide range of economic issues and address many long term challenges confronting New Mexico. "I am committed to growing our economy from the ground up. To be successful, any economic program requires targeted planning, oversight, and outcome driven implementation. It is critical to address a primary limitation hindering our current economic development efforts, talent development, recruitment and retention."
Keller is proposing legislation to expand the JTIP program (SB 175) to include not only people one year residents of New Mexico, but also allow it to cover employee hires who are "returnees," having either been born in New Mexico or educated in New Mexico. "I hope this is the beginning of a many efforts to keep our top talent in state and provide a path for those who have left to come home to a promising career."
Keller's economic agenda includes three proposals designed to increase efficiency and long term economic planning within the state: a statute requiring a benchmarking report measuring New Mexico's progress in key economic areas with other states; a joint memorial asking the Workforce Solutions Department and the Economic Development Department collaborate to identify, project, and track future employment needs for NM businesses and government (SJM 13 and related SJM 14). "I am confident that together we will fill in the gaps of our economic development efforts we can set create a path to sustainable, fulfilling, homegrown careers for our citizens." 

Higher Education Board of Regent Reform

Keller began work on improvements to the governance of the high education system last summer. The result is an effort to raise the bar for Regent applicants and de-politicize higher education; SJR 8 would increase the approval required for Regent confirmation to 2/3 majority. SJR 10 would give faculty a seat at the table on the board of regents. It would disqualify any candidates who donated more than $1000 to gubernatorial candidates in the most recent election cycle. Keller's regent reform package includes SJM 19 asking the Department of Higher Education to study national wide University Governance models, reporting back to interim committees with their recommendations. The two resolutions, if passed, would go to the voters, not the Governor, for a final decision.
"This legislation is not directly related to any current issue or specific individuals in our higher education system; in fact, I was developing these long before recent events. Governance, balancing input and mitigating conflicts of interests, is something I have worked extensively on in the private sector with fortune 500 companies, and many of the concepts cross over. I have had cooperation since I floated the ideas in September, from regents, peers and from faculty. These two resolutions will have the most impact and are the most reasonable; this is about offering the voters systematic governance reform to set our higher education on stronger footing, over the long run. If we want our higher education institutions to be flagships for our state's wellbeing, to create the best opportunities for our children and to be economic engine we cannot continue with the status quo, change starts at the top."

Healthcare and Community Health

SB 256 introduces the notion of “community health impact” into the state’s legislation process. It would require that various analysis done by agencies and legislative council include the long term effects of any initiative on community health, defined as “those matters pertaining to population health indices; epidemiology; birth and mortality rates; reproductive health; disease and injury prevention, control and treatment; health professions; and health delivery systems.” While often included at the discretion of an analyst, this bill would go a long way to institutionalizing the connection of projects to long term effects on the community. Senator Keller noted “understanding the social determinants of health and how they impact the cost of healthcare system and fundamental livability of our communities is critical to better decision making at all levels.”
SB 259 is a healthcare transparency bill that is a slightly altered version of one carried by Senator Jerry Ortiz Y Pino last year. It would require insurance providers to disclose third party fees and associated costs with any increase in premiums. Senator Keller elaborated “this bill was an excellent piece of legislation that both industry and consumers collaborated on, it should have passed last year and deserves to pass this year, and it’s about basic disclosure. Core to working on our healthcare system is understanding the connection between cost and price; this would be a first step in that direction.”


Balancing Action and a Long Term View

"I know I'm new and have a lot to learn but I figure I was sent here for a reason, to push some new ideas; I'll learn how the system reacts, improve, and keep at them year after year. I'm the youngest guy up here; hopefully that means I'll be able to work on these issues for a long long time, so while I do have a significant bill load, its about ramping up the learning curve and laying the ground work for future initiatives. I really enjoy the day-to-day work associated with legislation!"

Senator Keller sits on Corporations, Education and Committee's Committee and is a business consultant and spends much of his time working with organizations that foster economic opportunities in the Southeast Height Albuquerque and around New Mexico. He spent several years in Cambodia working to create jobs for landmine victims and exploited women, and was born and raised in Albuquerque; he has degrees from Notre Dame and Harvard.


Senator Holds Town Hall Meeting to Address Community Issues.

Albuquerque, NM— Nearly 60 community members from District 17 attended a Town Hall Meeting hosted by freshman Senator Tim Keller (D-Albuquerque). The meeting was at Cesar Chavez Community Center, Saturday, January 24th, 2009. Councilmen Ray Garduno, Don Harris, Michael Cadigan, and County Commissioner Deanna Archuleta were also in attendance. Albuquerque’ Mayor Martin Chavez was represented at the meeting by staff.
The meeting included Senator Keller plans for District 17 in the upcoming session and feedback from his constituents. Also featured were performances by local neighborhood groups and individuals who make up this very unique and diverse district. The attendees voted upon possible names for the community to replace the stigma of “The Warzone”. Councilmen Garduno and Harris spoke about their efforts to develop the area economically as well.

Senator Keller sits on Corporations, Education and Committee on Committees

Contact questions Heather Townsend at 505-986-4260, heather.townsend@nmlegis.gov