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Let's talk about the important constitutional amendments we will be voting on in November. The most important one is No. 9. This amendment changes New Mexico's anti-donation clause.

This amendment allows state, county and city governments to donate land, buildings or infrastructure to private business for economic development purposes.

The anti-donation clause was put into our constitution when it was written in 1913. It was put there to keep the fly-by-night railroad promoters and their kind from getting government funds for pie-in-the-sky projects. In 1913 the writers of the New Mexico constitution recognized there were dumb citizens, crooked politicians and naive government officials (just like now). Some things never change.

Just about all the industrial development officials and Chambers of Commerce wheels are for Constitutional Amendment no. 9. They are wrong. In time it will become a disaster for New Mexico. All city and county governmental bodies will be allowed to spend five per cent (5%) of their budgets to get economic development. Many of these developments will help special people (people who give political donations).

I have wondered:

1. If rich bankers think an idea is no good and won't lend money for it, why do the poor bureaucrats and politicians think they are smarter than the bankers?

2. Why do business people who most of the time distrust government, suddenly agree that using tax dollars is a great idea. Are they blinded by the thought of gold?

This could happen:

The present county commission could be voted out of office during the June Primary election. By December, five per cent of the county budget could be spent setting up new businesses that would just happen to employ the recently voted out commissioners.

Bernalillo County budget is $149 Million. Doña Ana is $44 Million. Chaves is $13 Million. Rio Arriba is $10 Million. Just figure how much five per cent of these budgets will be to start new businesses.

Is this what our Economic Development groups and Chambers want? That's what we will have if Constitutional Amendment No. 9 passes.

I am also against Constitutional Amendment 3. This amendment makes one of the Regents at each university a student. Presently Regents are appointed for six years from around the state. This amendment eliminates one of these and adds a student member for a two-year term. This student would be recommended by the student body president. I am against this because:

1. The universities are multi-million dollar businesses for education. I do not think the students have the experience and maturity to help run a large university (or even a small one).

2. Because our business climate is so bad, seventy-five per cent of our graduates leave the state to find jobs. The student regent may not be interested in New Mexico's long-term prospects.

3. A student regent may have resided only three years in the state and probably has never paid any income or property tax within the state. This could be called "representation without taxation."

This idea was put forth by some of my fuzzy thinking liberal friends. I voted against it in committee, on the floor, and I will vote against it in November. It is a bad idea. (I hope it is defeated.)

I am against Constitutional Amendment No. 8 that legalizes statewide lottery and video gambling. This amendment would give New Mexico video gambling. We could have video machines in 7-11 stores, bars, candy stores, race tracks, pool halls, truck stops, cafes, service stations, everywhere........wherever the politicians decide.

This form of gambling would not bring in tourists; check the car license plates at the Indian Casinos now... mostly New Mexico plates. Gambling is like government. It just changes who has the money and produces nothing. But in the process the gambling machine owners take a cut for this service.

Gambling usually takes the most from people who can least afford it, the poor. We will need to increase many of our social programs if we allow more gambling. Because of this, our taxes will go up.

The last thing we need in this state is more gambling and higher taxes.

Another amendment I am against is Constitutional Amendment No. 10. I voted for this in Santa Fe, but I have changed my mind.

We now vote to retain the judges after they have been elected or appointed to office by the governor. A "YES" vote retains or a "NO" votes them out. They do not run against anyone. Now a judge must have fifty per cent of the "NO" votes cast to be kicked out. This amendment lowers it to forty-three percent of the votes cast.

After much thought, fifty per cent sounds good. Please vote against the amendment. (The trial lawyers are pushing hard to pass this amendment because they have the only on-going organization with money to beat judges who rule against them.)

I am also for Constitutional Amendments 12 and 13. These two bills change the way state takes money from our "Severance Tax Permanent Fund" and the "Land Grant Permanent funds." I believe this change in how income from these funds is distributed to their beneficiaries will be an improvement. Instead of getting the interest only on these funds, they will only get 4.7 per cent of what the fund is worth. This will let the fund managers look for better investment opportunities (for the long term) to make the funds grow. The funds will have a better chance of staying ahead of inflation. The amount the schools receive will not fluctuate as much as it does now. Most other states that have permanent funds do it this way.

Another constitutional Amendment to look at is No. 14. I sponsored this along with Speaker Raymond Sanchez. This amendment would limit legislative per diem to the amount allowed by the IRS for Santa Fe. It would give legislators who represent multi-county districts a little extra for their expenses. I came up with this idea because I do not want a salaried legislature. I even talked Speaker Sanchez into co-sponsoring it with me, one of the few times he and I have agreed on anything of importance. Right now per diem is $75.00 per day in Santa Fe. No one can break even on this to pay their own expenses. This amendment would raise the per diem to $115, which is allowed by IRS.

We must pass it. Here is a list of the many groups that have endorsed it.

A.C.I., both Democrat and GOP leaders in the Senate and House, Albuquerque Chamber of Commerce, Albuquerque Journal, Santa Fe New Mexican, Common Cause, League of Women Voters, NM Retail Association, NEA, NM Association of Counties, NM Municipal League, NM Automotive Dealers, NM Financial Services Association, and many more.

They cover everyone left to right and in the center. It is a good amendment.

In summary, I am for Amendments 12, 13 and 14; absolutely against 3, 8, 9 and 10 and I don't have strong feelings about the rest. But if you have doubts after reading about them, you cannot go wrong by following an old legislative rule, "when in doubt, vote no!"

Below are copies of three items to think about:

1. Trial Lawyers' fundraising letter
2. Memo to all Trial Lawyers, commending them for influencing Senator Bingaman's "yes" vote.
3. Article in "Investor's Business Daily, 10/17/94, "Bellying up to Plaintiffs' Bar, sent by one of the Bullet's readers.

Don't forget to vote November 8th!

George Buffett

October 13, 1994

Fellow Trial Lawyers

RE: Re-Election of Governor Bruce King/Truth About Gary Johnson

Dear Fellow Trial Lawyers:

I am writing to ask your help in re-electing Governor King. We must understand how dangerous Gary Johnson, as Governor of the state of New Mexico, would be to our efforts to protect our clients' rights, liberties, and access to jury trials. Gary Johnson has so far hidden behind a "mask of change" that is sweeping the political landscape. Until recently he has not been giving specifics other than the facts that he is young, rides a bike, and has no political experience.

Finally he is talking, and what he has to say should send chills up and down our spines. The mask is coming off, and this is the "real" Gary Johnson:

1. TORT REFORM.

"Tort reform is essential in the area of medicine . . . my door is open to tort reform, not only in medicine; but tort reform across the board."

"In the area of tort reform, I would support a state Constitutional Amendment that would confirm the constitutionality of the New Mexico Medical Practice Act...there is no limit on the medical care provided for but I would support a Constitutional Amendment that would straighten out the situation we have with that."

"I think so much of our costs that we incur in this state are due to the fact that we have "litigation that is out of control."

Loser Pays. "I'd like to see an English system . . . loser pays! That more than anything would make a huge difference."

(THE ABOVE STATEMENTS WERE MADE AT THE FORUM HELD BY THE NEW MEXICO HOSPITAL ASSOCIATION AT THEIR ANNUAL CONVENTION IN ALBUQUERQUE ON OCTOBER 6, 1994.)

I hope you will help inform others about the "real Gary Johnson." Current polls confirm that the race is going to be extremely close between Governor King and Gary Johnson. Your help is needed in the following ways:

1. VOTE and make sure your family, friends, clients, and acquaintances vote for Governor King. Take advantage of early voting opportunities. In Bernalillo County, anyone can vote now at the County Clerk's Office, and beginning on October 12, 1994, any registered voter can cast their ballots at the Winrock Shopping Center and Coors and Central. For other counties in the state, contact the Clerk's Office for early voting opportunities.

2. KEEP INPORMED and don't allow Gary Johnson to hide his true agenda.

3. Governor King's campaign must buy enormous media spots to counter Johnson's distortions and reveal his true colors. Anything you can contribute to the campaign will be greatly appreciated.

4. Urge others to get involved and stay informed.

Thank you for reading and considering the facts. If you need copies of articles, statements or other information, please let me know.

Sincerely,

Member NMTLA

Copy Trial Lawyers' Fundraising Letter: The above letter was mailed to trial lawyers. It had 9 topics and was four pages---most of which were quotes about Johnson which were taken out of context. I cannot reprint four pages in its entirety. But this shows how desperate trial lawyers are to keep King in office.

Copy Memo to Trial Lawyers:

The New Mexico Trial Lawyer July/August, 1994

TO: NMTLA MEMBERS

FROM: PETER MALLERY, EXECUTIVE DIRECTOR

DATE: JULY 1, 1994

FEDERAL PRODUCTS BILL ONCE AGAIN STOPPED IN U.S. SENATE. ATLA LOBBYING EFFORT RESULTS IN AMAZING TURNAROUND

On Wednesday morning June 29, Legislation to impose anti-plaintiff federal product liability standards was once again stopped in the U.S. Senate. The climactic vote was preceded by an unparalleled lobbying effort from the ATLA-consumer coalition working against the bill. Supporters of the legislation twice failed to muster the required 60 votes to end debate. The first attempt came on Tuesday evening, when they fell six short on a 54-44 vote and the second on Wednesday morning, when the vote was 57-41. Under Senate procedure the bill is dead for this session of Congress.

Our Senators voted as expected (Senator Bingaman "No" and Senator Domenici "Yes"). Your response to my request for letters, faxes and phone calls was appreciated.

Copy Investor's Business Daily:

Investor's Business Daily

Wednesday October 2, 1994


NATIONAL ISSUE

BELLYING UP TO PLAINTIFFS' BAR
Democrat Lawmakers Get Millions From Lawyers

By Daniel J. Murphy
Investor's Business Daily

When lobbying reform legislation died in Congress a couple of weeks ago, much was made of the power of special interests.

But one super-lobbying group was rarely, if ever, mentioned during the debate.

Trial lawyers.

A review of federal and state political contribution records reveals that trial lawyers have poured millions of dollars into campaign coffers. At the same time, the plaintiffs' bar, as it is also known, continues to work diligently to delay tort-reform legislation, as well as to insert provisions in other bills - including the proposed health-care
overhaul making it easier for law-suits.

To many in business, the mere mention of trial lawyers provokes a negative reaction. Over the years, firms have complained increasingly about defending themselves, their products and services against a tide of lawsuits that they contend abuse the notion of wrongful acts or corporate irresponsibility in general.

According to the American Tort Reform Association. a Washington-based trade group, in 1991 the tort system cost businesses and individuals $132 billion. A 1989 study by Tillinghast, a leading insurance consulting firm, estimated 1987 liability costs at $117 billion.

To be sure, individuals who have won claims for misconduct. or have sustained injury from a defective product or from medical malpractice, have found their trial lawyers indispensable.

And to trial lawyers, preserving victims' rights to trial by jury remains a cornerstone for protecting unsuspecting parties and the public itself against unnecessary injury and death.

But are trial lawyers interested in preserving justice, or their own income?

Evidence from their campaign donation patterns and lobbying activity suggests the latter answer is at least as important as the former.

In Washington, the American Trial Lawyers Association has forged strong ties to Dentocratic officeholders, comparable to the allegiance labor unions show the party of FDR.

From a less than two-to-one contribution advantage it gave Democratic candidates in the late 1970s, the trial lawyers' political action committee - the Association of Trial Lawyers of America PAC -- showers 90% of its monies on federal Democratic candidates in the post-Reagan era.

Total contributions easily exceed $1 million each biennial cycle. For the 1992
elections, ATLA's PAC handed over more than $2 million for the first time. The top PAC that year, the American Medical Association, gave a little more than $3 million.

Since the 1985-86 election cycle, ATLA's PAC has finished among the top 10 contributors to federal races. FEC records through June indicate it is currently the sixth-biggest donor to this year's races.

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