National Education Association- New Mexico

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Wednesday, February 15 Legislative Hotline

Compromise Budget on Way to Governor
Measure Has 5% Average Salaries Restored

A compromise version of the General Appropriations Act has passed both the House and Senate and is on its way to the governor.  The plan increases school funding overall by some $5.4 million and the school equalization guarantee by $5.2 million.  The compromise raises school employee salaries to an average 5%, including the advancement of level three teachers to next years $45,000 minimum, which increases the average for teachers to about 5.5%.  The language also includes an average 9.5% increase for educational assistants. The language requiring an average, rather than across the board increases, is important to make sure that career employees who may not have received significant increases as three-tiered licensure was implemented can be treated fairly.  This language makes collective bargaining even more important as a process to insure that school employees can be a part of the decision-making on salary schedules.  The actual language follows:

"The general fund appropriation for the state equalization guarantee distribution contains sufficient funds to provide an average five percent salary increase for all teachers, an average nine and one- half percent salary increase for educational assistants and an average five percent salary increase for other instructional staff and other licensed and nonlicensed staff, effective on the first full pay period after July 1, 2006. Prior to the approval of a school district’s or a charter school’s budget, the secretary of public education shall verify that each school district or charter school is providing an average five percent salary increase for all teachers and other licensed school employees; an average five percent salary increase for nonlicensed school employees, except educational assistants; and an average nine and one- half percent salary increase for educational assistants. The general fund appropriation for the state equalization guarantee distribution contains sufficient funds to implement the forty- five thousand dollar ($ 45,000) minimum salary for level three- A teachers. The secretary of public education shall verify that school districts and charter schools have implemented the salary increases for teachers prior to implementing the minimum salaries for level three- A teachers."  

At a glance, the budget provides almost $5.1 billion from the from the general fund for for public education and general government operations next year.  That's an 8.9 percent increase, or $418 million, over the current operating budget.

$2.3 billion are provided for the operations of public schools, the Public Education Department and other educational programs, an increase of 8.4 percent or $179 million over current spending. Money is provided to boost employer contributions to the educational retirement system by 1.5 percent, double what is required by law.

$765 million for the state's network of colleges and universities as well as the Department of Higher Education. That's an 8.1 percent increase. Raises are provided at 4.5 percent for faculty and other employees; however, colleges and universities can go beyond that amount with funds raised from tuition.

While this measure is not all we wanted, your great effort helped convince legislators to restore the salary cut made by the Senate.  The measure will soon be on the governor's desk and we will be assessing our recommendations to him.

Flawed Minimum Wage Bill Passes Senate

Senate Version

Senate Bill 449, sponsored by Senate President Pro Tem Ben Altamirano, would have raised the wage to $6.50 an hour in January 2007, to $7 in 2008 and to $7.50 in 2009.The Senate Finance Committee amended the bill to increase the state's minimum wage to $6 an hour Jan. 1. An employee who remained with an employer for a year would have to earn a minimum of $6.75 an hour. Once the employee stayed two years, he or she would have to earn at least $7.50.    The new, amended measure also would prohibit Santa Fe's wage from going higher than $9.50 an hour and would permanently prevent local governments from raising their own minimum wages higher than the state level.  Altamirano's original bill would have left Santa Fe's living wage ordinance alone and would have prevented local wage increases for five years.  The amended bill also exempts food processors from having to pay the minimum wage.  Late Tuesday night,  the Senate  passed the bill with the crippling amendment intact.

House Version

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 the House 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 received a do-pass recommendation from the Senate Corporations and Transportation Committee and is now awaiting a hearing in the Senate Finance Committee 

Let Senators know that raising the state's minimum wage is an important fairness issue for all the state's workers.

Click on this Link to Send Legislators an Email Asking them to Pass a Real Minimum Wage Bill

 

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

 

Trio of Bad Bills Still Alive-Act Now to Ask Legislators to Kill these Bills:

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

Senate Bill 743  has been scheduled in the Senate Education Committee for several days, but has not heard yet; however, it could still come alive in these last few hours of the legislative session.  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 has been on the Senate Finance Committee  agenda for days and could still move to the Senate floor in the waning hours of this legislative session.  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.

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