National Education Association- New Mexico

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Sunday, February 12 Legislative Hotline

Conference Committee to Craft Final Budget

A conference committee of the House and Senate has been appointed to work out differences between the version passed by the House and the version passed by the Senate.  As of late Saturday, the Conference  Committee continued to meet behind closed doors.  Sources tell us that Governor met with both the House and Senate Democratic Caucus and conveyed the message that he wants a 6% salary increase (at least for licensed employees) or threatens a veto of the budget.  The Conference Committee members are working toward a noon Monday deadline to have a budget bill to the Governor.  This deadline must be met if they want him to act on the budget during the legislative session so they can have a chance to override either a veto of the entire budget bill or line item vetoes.  For any legislation not on the Governor's desk by noon Monday, the Governor will have until March 8 to make a final decision on vetoes.

The committee members are Senator Ben Altamirano, Senator John Arthur Smith, Senator Leonard Lee Rawson, Representative Kiki Saavedra, Representative Lucky Varela, and Representative Jeannette Wallace.  This committee can effectively change anything in the budget for the better--or worse.  We must keep pressure on all legislators to make sure that the only changes in school funding in the conference committee are for the better; let legislators know that they need to increase salaries to at least the House Education Committee’s recommendation of an average increase of 6% for all school employees!

NEA-New Mexico and AFT New Mexico have provided the position paper available at this link for committee members.

Follow this Link to Email Legislators to Instruct Conference Committee to Restore Cuts

Ignoring the public and school employees alike, the Senate  reduced education funding by about 12.8 million from the already too low levels in the General Appropriations Act passed by the House.   All public employee salaries increases were cut by .5% from the levels in the bill passed by the Houses.  The Senate on a near-unanimous vote gave this woefully inadequate measure its blessing.  

The General Appropriations Act amended in the Senate Finance Committee passed the Senate with only two negative votes.  Senators Phil Greigo and James Taylor were the only two senators voting against this inadequate measure (click the links to send emails thank them).  Several other usual education supporters voiced concerns and hope that the conference committee between the House and Senate will improve school employee salaries and add further funding to children's issues; these included Senators Mary Jane Garcia and Cynthia Nava.  However, most Senators were resigned to the triumph of the coalition of the Senate Finance Committee members and Republicans that effectively controls the New Mexico Senate.

Bill to Provide Education Support Providers Licensure System Passes House

An amended version of House Bill 418, Instructional Support Provider Licensure, introduced by Representative Mimi Stewart passed the House.  The amended version is effective with the 2007-2008 school year and amends the School Personnel Act to provide a licensing framework and minimum salaries for certain instructional support providers: Level 1, $30,000; Level 2, $40,000; and Level 3, $50,000.  This legislation is needed to make sure that education professionals, such as counselors and therapists, are not treated unfairly. It will create the same minimum salary structure as that currently in law for teachers and instruct the Public Education Department to create a progressive licensure and compensation framework for all instructional support providers.  This bill received a unanimous do-pass recommendation from  Senate Education Committee.  Its next stop is the Senate Finance Committee.

Click on this link to ask legislators to support the Instructional Support Provider Licensure measure

Bill to Raise Your Retirement Payroll Tax Killed in Senate Education Friday

Senate Bill 541 cannot be seen as anything other than a crass attack on public school and higher education employees' paychecks.  This bill sponsored by Senator Sue Beffort-Wilson would have simply made you pay more of your salary in educational retirement withholdings for no apparent actuarial reason.  It would raise withholdings to 8.6% by full implementation in 2008, .7% more than current law.  It was tabled in the Senate Education Committee. Thank those members of the committee who voted to table and, thus, kill this mean-spirited bill:
Name Vote on Tabling Motion Party
Cynthia Nava Yes Democrat
Mary Kay Papen Absent Democrat
Mark Boitano Absent Republican
Vernon D. Asbill Yes Republican
Mary Jane M. Garcia Yes Democrat
Gay G. Kernan No Republican
Bernadette M. Sanchez Absent Democrat
Michael S. Sanchez Yes Democrat
William E. Sharer No Republican

Bill to Give Private Schools Tax Money for Technology May Be in Committee Monday

Senate Bill 743  was rescheduled for a hearing Saturday morning in the Senate Education Committee, but was not heard when the sponsor failed to show .  This anti-public school measure will probably show up on the committee agenda on Monday.  This bill adds a new section to the Technology for Education Act to allow accredited private schools to receive distribution from the Educational Technology Fund.  Even though well intended, the measure would allow public money to be spent, in an unconstitutional manner, for private and religious schools. 

The bill requires the Public Education Department to annually fix a means of distributing state Educational Technology Fund monies to private schools, thus reducing the $16 per student currently distributed to public schools. Such a distribution of funds to a private school is a violation of Article IV, Section 31 of the New Mexico Constitution, which prohibits a direct educational appropriation to any person, corporation, association, institution or community not under the direct control of the state and is also in violation of the anti-donation provisions in the constitution. Additionally, the measure also violates Article XII, Section 3 of the New Mexico Constitution  because it prohibits the use of public money for the support "of any sectarian, denominational or private school…"

Click this Link to Ask members of the Committee to Oppose Senate Bill 743.

 

Bill to Cut Retirement Benefits for New Employees in Senate Finance

Senate Bill 206, sponsored by Senator John Arthur Smith, would make it harder for new employees to retire.  Currently employees are eligible to retire after 25 years of service or when their years of service and age equal 75, the so-called Rule of 75. This bill proposes a Rule of 80 as the requirement new employees who choose this retirement option. 

This bill is awaiting a hearing in the Senate Finance Committee and remains on the committee schedule.

Since Senator John Arthur Smith  is the powerful vice-chair of this committee, this measure is almost assuredly headed to the Senate Floor.  Let Senators know that is not fair to create a retirement system for new employees inferior to that afforded current employees and it is not fair further increase the disparity between educational retirement and that of other public employees!

We oppose any change that increases the disparity between ERA and PERA members or any change that makes new employees second class citizens with inferior benefits to current employees.

Follow this link to Send an Email to Ask Your Senator  to Oppose Senate Bill 206.

Tuition Tax Credit Bill Also on Way to Senate Finance

Senate Bill 238, also sponsored by Senator John Arthur Smith is a voucher in disguise.  This terrible measure would cost the treasury of New Mexico at least $10,000,000 and allow this money to flow directly into private and religious schools.  The measure would provide a $500 tax credit to anyone who makes a donation to an organization that provides private school scholarships!

A credit against income tax is considered a tax expenditure in that, while it is not a direct payment from the state to the taxpayer, the taxpayer reduces the amount of tax paid to the state. Thus this measure violated the establishment clause of the US Constitution and several provisions of the New Mexico Constitution.  As an expenditure of tax dollars it is a violation of Article IV, Section 31 of the New Mexico Constitution, which prohibits a direct educational appropriation to any person, corporation, association, institution or community not under the direct control of the state.  Additionally, the measure also violates Article XII, Section 3 of the New Mexico Constitution  because it prohibits the use of public money for the support "of any sectarian, denominational or private school…"

This dangerous and unconstitutional measure received a do-pass recommendation from the Senate Corporations and Transportation Committee.  Here is the Vote:
Name Vote on Do-Pass Party
Shannon Robinson Yes Democrat
Bernadette M. Sanchez Excused Democrat
H. Diane Snyder Yes Republican
Mark Boitano Yes Republican
Carlos R. Cisneros Yes Democrat
Dianna J. Duran Yes Republican
Phil A. Griego Excused Democrat
Stuart Ingle Yes Republican
Cynthia Nava Excused Democrat

Follow this link to Send an Email to Ask Your Senator  to Oppose Senate Bills 238.

Minimum Wage Bill Clears House

House Bill 258, sponsored by Speaker Ben Lujan,  passed the House Monday on a near party-line vote of 38-30.  With 10 days left in the annual legislative session, the measure headed to the state Senate, where an alternative proposal — $7.50 phased in over three years — is pending.

The House bill would increase the state's current $5.15 minimum — same as the federal minimum — to $6.75 in 2007 and to $7.50 in 2008.  Employers could pay a "training wage'' of $5.15 for the first 60 days a worker was on the job. And, in a concession to chile producers, food processors could apply to the state Department of Labor for exemptions.

The bill passed on a vote of 38-30 after three hours of debate.  Democrats went along with a Republican amendment that would bring state and local governments under the minimum wage law. Currently, they're exempt. Supporters said there would be minimal budget impact on state government. The bill provides a cost of living increase of the annual Cost of Living Index or 3% whichever is less, and protects Santa Fe's already higher living wage ordinance.  This important fairness measure now moves to the Senate floor today.  Let Senators know that raising the state's minimum wage is an important fairness issue for all the state's workers.

Educational Assistant Career Ladder Bill Waiting in Finance Committees

House Bill 206-Educational Assistant Career Ladder, introduced by Representative Rick Miera, provides an EA career ladder and minimum salaries: Level 1 $12,000; Level 2 $13,000; Level 3 $15,000; Level 4 $17,000. The House Education Committee gave a do-pass recommendation to the measure.  The bill is temporarily tabled in the House Appropriations and Finance Committee.  That tabling is part of a strategy to keep the measure alive in case the 9.5% salary increase provided Educational Assistants in the General Appropriations Act does not survive in the final budget.

 

The Senate version of the bill, Senator Mary Kay Papen's Senate Bill 232 received a do-pass recommendation from the Senate Education Committee.  It is awaiting a hearing in the Senate Finance Committee.

 

Click on this link to ask legislators to support the Educational Assistant Career Ladder legislation

 

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