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Legislative Update
Friday, February 5, 2010

 

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New Mexico Legislature Home Page

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Dates related to the 2010 Legislative session:

January 19 Opening day (noon)
February 3 Deadline for introduction of legislation
February 18 Session ends (noon)
March 10 Legislation not acted upon by governor is pocket vetoed
May 19 Effective date of legislation not a general appropriation bill or a
bill carrying an emergency clause or other specified date

Contact: Governor Bill Richardson
State Capitol
Santa Fe, New Mexico 87501
Phone: (505) 476-2200
Fax: (505) 476-2226

During the legislative sessions reach Legislators by:
• calling: (505) 986-4300 • faxing: (505) 986-4610
• writing: New Mexico State Capitol Building, Santa Fe, NM 87503

Budget Bill and Tax Bills on House Calendar Again Today

NEA-New Mexico and other public employee unions representatives have been working hard to help get enough votes (probably all Democrats) to pass the budget and necessary tax bills.  After much discussion and debate in public and behind closed doors, it appears that there is a compromise within the Democratic caucus in the House to move the budget and revenue bills today.  The fourth revenue measure was added to the mix after much discussion with House leaders in a hastily called meeting of the  House Taxation and Revenue Committee yesterday afternoon.  The vote to approve that measure, House Bill 270, was along party lines, Democrats voting to provide revenues for public schools and public employees, Republicans voting against the interests of schools and employees.

We continue to be cautiously  optimistic that enough votes are there for passage of the Budget and necessary revenues bills when the House convenes at 9:00 AM this morning.  Stay tuned!

Call Representatives This Morning

House Approach Needed to Avoid Cuts and Salary Decreases

The budget, House Bill 2, the General Appropriations Act has been crafted in concert with revenue increases to prevent major cuts to public schools or the salary and benefits of public employees.  While not all we could wish for, the proposed House budget for Education avoids the salary and massive program cuts proposed by the Legislative Finance Committee before the legislative session.  The measure includes $2.5 billion in state and federal aid for public education next year. That's a slight decrease of about one-half percent over this year's total spending on schools, the Public Education Department and other education programs.   It is clear that these budget recommendations will depend on lawmakers raising taxes. If we are successful in getting this measure out of the House, the picture in the Senate still looks bleak.  We must immediately turn our efforts to influencing Senators to break with some leaders and vote for tax increases to fund public schools.

New Mexico (like most other states) has been relying on federal economic stimulus money to avoid deeply cutting public schools during the recession. About $210 million in federal aid will go to schools this year, replacing state tax money that otherwise would be needed for education. However, the federal money is going away.  Schools would get about $24 million in federal stimulus aid next year (all that's left after this year's funding). An increase of  $165 million in state aid fills the gap left by federal funding available this year, but not next year. The budget as proposed provides these funds without further cuts to public schools. 

Call Representatives This Morning

Four Important Revenue Bills on House Calendar Today

A fourth revenue measure was added to the list of House revenue bills  yesterday.  The four revenue measures described below are on the House calendar for today and will be heard on the House Floor.  The passage of these three measures is necessary if we are to keep education funding intact and avoid the pay and other cuts originally proposed by the Legislative Finance Committee.

Call Representatives This Morning

The four measures are:

House Bill 9, sponsored by committee chair Representative Ed Sandoval.  Under the proposed legislation, personal income tax rates would be increased by 1.5% percent on taxable income in excess of $200,000 (married joint and head of household filers), $133,000 (single) and $100,000 (married separate). The increase would apply only in tax years 2010 through 2012. It would provide, as amended in the committee to a 1.5% surtax, some $66 million to the general fund next year.

A committee substitute for house Bill 119, TEMPORARY GROSS RECEIPTS INCREASE, sponsored by Speaker Ben Lujan.  The substitute fixes some concerns that cities and counties had with the bill.  House Bill 119  temporarily increases the state gross receipts and compensating tax to 5.5 percent in FY11, 5.375 percent in FY12, 5.25 percent in FY13, 5.125 in FY14 and returning the tax to the current 5 percent rate in FY15 and beyond.  The measure raises $238 million next year and  $189 million the year after that.  This goes a long way toward raising the funds needed for public education.

House Bill 120, TAX WITHHOLDING CHANGES, also sponsored by Speaker Lujan.  This bill would raise some $16 million by requiring out of state residents to pay taxes owed on mineral royalties earned in New Mexico by forcing the pass-through entities that collect the royalties to withhold the taxes; the measure imposes no new taxes and forces compliance with existing law.

House Bill 270, ADD BACK CERTAIN TAX DEDUCTIONS, sponsored by Representative  Mimi Stewart, generates some $90 million in new revenue next year and about $70 million dollars in new revenues per year after that.  New Mexico currently allows the same itemized deductions as allowed for federal income tax purposes, including the deduction for state and local taxes. Deductible taxes include income taxes, property taxes and, under certain circumstances, sales taxes. The federal deduction can be justified as a way of cost-sharing for the cost of state and local government services. The justification for allowing the same deduction for state income tax purposes is not good tax policy.  House Bill 270 amends the definition of “net income” in the Income Tax Act to subtract the amount of state and local taxes from the taxpayer’s itemized deductions. The result is that state and local taxes will be added back into net income for the purposes of determining tax liability.

The four measures provide nearly $400 million in new revenues to be added to the general fund to prevent further cuts to education and prevent salary cuts to all public employees.  Without these bills the proposed House budget simply cannot be passed. 

Budget and Tax Bills Must Move Together

At least $300 million in new funding must come from some combination of House Bill 9, House Bill 119, House Bill 270, and House Bill 120 as the budget bill is passed in order to provide a budget that does not cut public schools and public employee salaries.  Please ask all House Members to support both a budget that does not cut education and the necessary revenue bills to support that budget!
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