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Legislative Update
Wednesday, February 17, 2010

 

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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 Discussions Behind Closed Doors

Under normal circumstances the budget and revenue battles would move to a conference committee between the House and Senate.  This can't occur until the House takes a vote to "fail to concur with Senate amendments to House Bill 2". The House has not yet voted on such a motion.  The Senate would then vote to refuse to recede from its amendments.   Only then can an official conference committee be appointed.   Since, under new rules adopted last legislative session,  conference committees must meet in open session, both chamber's leaders appear reluctant to create one until a budget deal has actually been reached.   Closed door meetings in the House Speaker's office and in the Governor's office have attempted to reach a compromise, with none in sight at this writing late Wednesday.

The votes that create the conference committee could come in the wee hours of the morning if a deal is reached.  The committee would then meet, quickly rubber stamp the deal, and send the agreement to both houses simultaneously as the conference committee report.  Adoption of the report would then adopt the compromise bill.  Both House Bill 2 and revenue bills would have to be treated in this manner.  There is still time, but the clock is ticking toward high noon on Thursday, the constitutionally required end of this 30-day legislative session.

It is not to late to tell all legislators to support a final budget that provides enough new revenue to restore the House version of the Education Budget.

alert Call Your Legislator Now Before a Conference Committee Recommends a Final Budget

House and Senate Budget Plans Differ Widely

House Bill 2, the General Appropriations Act,  passed the Senate early Sunday morning; the Senate recessed at about 2:00 AM. The voting coalition that passed it was interesting.  Many  Democrats who usually support the budget, voted no in protest of the cuts to public schools and other vital state services; several Republicans who usually vote against the budget voted yes to give the measure a 25 to17 passage. See the vote for yourself at this link.

The good news is the storm of protest against the payroll tax portion of the plan in Senate Bill 246,was ditched in favor of passing Senate Bill 30, an increased cigarette tax that would provide some $33 million dollars to the general fund. (The Senate vote on SB 30 is at this link.) Even though SB 246 appears on the Senate agenda today, its use as part of the Senate budget plan has been scrapped.   As finally amended in the Senate Finance Committee, the measure was reduced to a 1% salary cut with the rest of the cuts spread over the entire budget, but not targeted at employees. 

The Senate version of House Bill 2 still has  deep cuts from the House version.  It has some $87 million fewer dollars for public education.  The line items in the bill its self cuts some $53 million from State Equalization Guarantee (SEG), the portion of the budget that supplies most operational costs in public schools and $3 million dollars from other public school costs.  The rest of the cut comes in the form a "sanding" provision in the bill that simply cuts (sands)  l.43% from every line item in the budget.

The plan is supported with, in addition to the cigarette tax, a change in gross receipts tax on food, Senate Bill 10  — a reinstatement of the state's gross receipts tax, or sales tax, on a wide range of food items, including white bread, macaroni noodles and certain tortillas. The vote on this measure is available at this link. Many of the progressive Senators' votes were against the concept of raising taxes on food, not against funding education. Again enough Republican crossover gave the measure its 23-19 coalition for passage.

The other piece of the Senate revenue plan was $16 million from House Bill 120. sponsored by House Speaker Ben Lujan, D-Santa Fe, that would ratchet up income tax compliance on out-of-state residents.  The rest of the House revenue package — a temporary increase of the state's gross receipts tax base rate and a surtax on high-earning state residents —has been tabled in the Senate Corporations and Transportation Committee.

We support the House version of the budget with some $83 million dollars more for public schools than the Senate version, including some $20 million for employee health care costs to prevent more benefit decreases.  The House version will allow school districts to operate in a reasonably normal manner.  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.  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 House budget as proposed provides these funds without further cuts to public schools. 

The Senate version will require cuts, maybe even cuts in staffing levels.  Tell your legislator to support the House budget in any compromise between the two chambers.  House Bill 9, House Bill 119, and House Bill 120 are the tax bills that support the House version of the Budget. The votes on these bills are at this link.  The three measures provide more than  $300 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.

It is not to late to tell all legislators to support a final budget that provides enough new revenue to restore the House version of the Education Budget.

alert Call Your Legislator Now Before a Conference Committee Recommends a Final Budget

 

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Education Partners' Poll on school funding and revenues

 

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