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March 13, 2023

Updated: Jan 26

HB 231/cs – CYFD Child ID Cards

Requires the Children, Youth and Families Department to obtain identification cards for children under its supervision no later than 90 days after the child is placed under CYFD supervision. Requires the Motor Vehicle Department to issue a child under CYFD supervision an identification card when requested by CYFD.

This bill passed the house 42 – 27. I voted yes.

HB 381/aa – Hispanic Education Fund

Creates the Hispanic Education Fund to further the purposes of the Hispanic Education Act and amends the act to authorize members of the Hispanic Education Advisory Committee to receive per diem and mileage at the same rate provided for non-salaried public officers in the Per Diem and Mileage Act, but no further compensation.

This bill passed the house unanimously.

SB 307/a – Licensed Teacher Prep Affordability

Includes a licensed teacher who is pursuing a graduate degree as an eligible student to whom a scholarship under the Teacher Preparation Affordability Act may be awarded. Removes the requirement that an eligible student be enrolled at least half-time.

This bill passed the house 62 – 1. I voted yes.

SB 120/a – Open Enrollment for Military Children

Amends the Public-School Code provision on open enrollment to establish a priority for enrollment for children of active duty military families moving or pending a move from temporary to permanent housing into the attendance area of a public school. Amends the Charter School Act to give enrollment preference to children of active-duty military stationed at or pending assignment to an installation in New Mexico.

This bill passed the house unanimously.

SB 26/aa – Excess Oil & Gas Funds to Severance Tax Fund

Alters the future disposition of revenues and excess revenues from the Oil and Gas Emergency School Tax and monies from the federal Mineral Leasing Act. Redefines “state reserves.”

This bill passed the house unanimously.

SB 147/a/ec – Tax Changes

SB 147/CS/CS/a makes administrative changes to the tax code; adds new deductions and exemptions to the Gross Receipts Tax (GRT) and the Compensating Tax; limits credits against Premiums Tax; and eliminates the Gross Receipts Tax on Cannabis Excise Tax.

The bill makes a number of changes to different sections of the tax code:

  • Requires the Taxation and Revenue Department (TRD) to annually prepare a Tax Expenditure Report;

  • Allows publication of Special Fuels Tax information;

  • Income subject to the Corporate Income Tax would include tax that has been withheld by a pass-through entity;

  • TRD is not required to publish location codes governing Gross Receipts Tax (GRT) reporting;

  • Adds Insurance Premiums Tax to refund claim procedures;

  • Liquor and other licenses would be denied to persons delinquent in payment of Liquor Excise Tax or GRT but not other taxes;

  • Cannabis Excise Tax would be excluded from the tax base for the GRT; This removes the tax on-tax of cannabis;

  • Services used by the U.S. government, the State of NM or its subdivisions would be exempt from the compensating tax;

  • Health care reimbursed under the American Rescue Plan Act (ARPA) would be deductible from GRT;

  • Sales of licenses to use digital goods to the government or tribal entities would be deductible from GRT;

  • A tribal tax claimed as a credit against GRT could be imposed at a rate greater than the total State and Local GRT rate;

  • Premiums Tax credits for contributions to the NM Medical Insurance Pool would not be refundable or carried forward;

  • Destination-based sourcing would apply to the Cannabis Excise Tax;

  • Cannabis licenses would be denied to persons delinquent in payment of Cannabis Excise Tax or GRT but not other taxes.

Repealed sections include:

  • Business facility rehabilitation income tax credit;

  • ID reading equipment credit;

  • Biodiesel fuel credit;

  • Advanced energy credits;

  • Cancer trial credit;

  • Veterans employment credit;

  • Welfare-to-work credit;

  • GRT deduction for non-profit nursing homes

This bill passed the house unanimously.

SB 223/a – Child Support Schedule Changes

This bill removes the child support guideline schedule from current law and places it in the New Mexico Administrative Code. New Mexico is at risk of losing $160.4M in federal matching funds because our child support guideline schedule is out-of-date with federally required review and recommendations of the Child Support Guidelines Review Commission.

This bill passed the house 61 – 1. I voted yes.

SB 324 – County Assessor Certification Pay

Allows county assessors to receive additional cumulative compensation from the board of county commissioners, up to $3,500 per year, depending on the level of Appraiser Certificate the appraiser has, to both compensate appraisers for their attained level of expertise and to motivate appraisers to seek higher level certificates.

This bill passed the house unanimously.

SB 425/a – County Detention Facility Treatment Programs

Requires establishment of medication-assisted treatment programs in county detention facilities and expands such treatment programs in state corrections facilities; makes a $10 million appropriation from the opioid settlement fund within the Attorney General’s Office and $2 million (GF) to help administer the programs.

This bill passed the house unanimously.

SB 43 – Intimidation of Election Officials

Amends the crime of intimidation to include inducing or attempting to induce fear in any employee or agent of the Secretary of State, a County Clerk, a Municipal Clerk, or a member of an election board for the purpose of impeding the free exercise or impartial administration of elections; such intimidation is a 4th degree felony.

This bill passed the house 62 – 1. I voted yes.

SB 182/aa – Recycling and Litter Reduction

Requires various departments and staff to develop strategies for statewide recycling and litter reduction. Creates the position of Recycling and Waste Reduction Education Coordinator in the Department of Environment. Requires Tourism Department to cooperate with federal land management agencies to develop a statewide waste reduction program.

This bill passed the house unanimously.

SB 260/a – Developmental Disability References

Updates references throughout several chapters of state law pertaining to developmental and intellectual disabilities and provides a new definition for “developmental or intellectual disability” in the Mental Health and Developmental Disabilities Code. Makes other minor cleanup changes throughout.

This bill passed the house unanimously.

Concurrence Calendar

HB 4/aa – Voting Rights Protections

This bill originally passed the house on February 21 (I voted no). The senate removed restriction on public access to voter registration rolls, adds the definition of correction facility, and allows the county clerk to request a waiver of having at least two monitored secured containers.

These changes do not change the substance of a really bad election bill. Felons are still allowed to vote (violating separation of powers), automatic registration at MVD still occurs with no opt out option, exempts Native Americans from all requirements, and maybe most important two-thirds of the state’s county clerks oppose this legislation.

This bill passed the house 42 – 25. I voted no. It is now on its way to the governor’s desk.

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