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Legislative Update
First Post-Session Update

 

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New Mexico Legislature Home Page

New Mexico Legislature's Bill Locator

2010 Update Archive
 

Legislative Session Agendas and Calendars

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House Appropriations Agenda

Senate Calendar

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Senate Finance Agenda
 

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

 

Legislature Adjourns without Budget Compromise

The Legislature adjourned at noon Thursday with no state budget for next year.   Governor Richardson has announced that he is calling the Legislature into special session on Wednesday, February 24, to deal with the Budget crisis. 

The whole process began to unravel when the House Taxation and Revenue Committee rejected a proposed increase of the state's cigarette tax. Committee members voted 7-8 against a revised bill that would have raised the tax on a pack of cigarettes by 75 cents, from the current rate of 91 cents to $1.66 per pack.

The tax, which would have generated more than $30 million in the upcoming year, was opposed by all six committee Republicans. Democratic Reps. Ernest Chavez of Albuquerque and Andrew Barreras of Tome also voted no.

The measure was apparently part of the set of legislation that legislative leaders were trying to make  part of a compromise tax package. It's failure along with the intransience of  Senate leaders toward other revenue measures probably doomed the compromise efforts.

Under normal circumstances the budget and revenue battles would have been carried in a conference committee between the House and Senate.  Since, under new rules adopted last legislative session,  conference committees must meet in open session, both chamber's leaders appeared reluctant to create one until a budget deal was actually reached.   Closed door meetings in the House Speaker's office and in the Governor's office  attempted to reach a compromise to no avail.
 

House and Senate Budget Plans Differed 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.

The Senate version of House Bill 2 had deep cuts when compared to the House version.  It had 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 came in the form of a "sanding" provision in the bill that simply cuts (sands)  l.43% from every line item in the budget.

The plan was supported with a 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 supported 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 would have allowed school districts to operate in a reasonably normal manner.  The proposed House budget for Education avoided the salary and massive program cuts proposed by the Legislative Finance Committee before the legislative session.  The measure included $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 can only 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 in the proposed House Budget filled the gap left by federal funding available this year, but not next year. The House budget would haveprovided these funds without further cuts to public schools. 

The Senate version would have required cuts, maybe even cuts in staffing levels.   House Bill 9, House Bill 119, and House Bill 120 are the tax bills that supported the House version of the Budget. The votes on these bills are at this link.  The three measures would have 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.

Contact Legislators at Home

Legislators will return to their districts until the special session begins on Wednesday.  Make every effort to contact them there with the simple message--no more cuts to public education and enough new revenues to fund the state budget.  A balanced approach is needed.  We already had $700 million dollars in cuts to the budget, now is the time to balance the budget with new revenue!

We will update with details about non-budget legislation next week as we begin updates for the special session.

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Call Legislators at Home this Weekend before They Return to Special Session Next Wednesday!  Follow this Link for Phone Numbers and Message Suggestions.

Education Partners' Poll on school funding and revenues

 

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