SANTA FE – After two months of political brinksmanship, Gov. Susana Martinez and State Senate leadership have finally agreed upon a list of legislation to take up at a special session at noon Monday, June 8.
Senate leadership says they anticipate the session lasting no more than one or two days.
The legislation to be considered includes the previously killed Capital Outlay bill, which funds capital improvement projects throughout the state. The $265 million expenditure is considered economic stimulus by many communities and also provides badly needed infrastructure.
The bill includes more than $3.5 million in funding for local project in Rio Arriba, Espanola and northern Santa Fe County. The Capital outlay bill remains the priority for the majority of legislators.
The Legislature will also work on a supplemental appropriation to the Department of Health and the Administrative Office of the courts for expenditures exceeding their current year’s budget.
Other legislation to be introduced is included at the request of the Governor includes:
- Authorizing the Taxation & Revenue Department to reveal tax return information to an authorized representative of a local government of another state who is charged with the responsibility for administering of that state tax laws;
- Amending provisions of the angel investment tax credit;
- Providing an income tax deduction for certain unreimbursed or on compensating medical care expenses;
- Revising the due date for corporate income and franchise tax filing and payment for electronic submissions;
- Revising the due date for pass-through entity information return filing for electronic submissions;
- Providing for the use of a single sales factor by a headquarters operation in appropriating corporate income to the state;
- Extending eligibility for the gross receipts tax deduction for trade support companies in a border zone;
- Providing a deduction from the grocery receipt tax for certain receipts the ride from the sale of goods and services to the United States Department of Defense related to the directed energy or satellites;
- Amending the technology jobs Tax Credit Act to create the technology jobs and research and development tax credit act;
- Preventing double taxation of gasoline or special fuel when a rack operator must take product from non-pipeline or refinery sources;
- Providing a refund of the petroleum products loading fee on products previously loaded from a source other than a refinery or pipeline terminal; and
- Amending, repealing and enacting sections of the NMSA 1978.
Governor’s official proclamation calling the special session:
WHEREAS, ARTICLE IV, SECTION 6 OF THE CONSTITUTION OF NEW MEXICO PROVIDES THAT SPECIAL SESSIONS OF THE LEGISLATURE MAY BE CALLED BY THE GOVERNOR BUT NO BUSINESS SHALL BE TRANSACTED EXCEPT SUCH AS RELATES TO THE OBJECTS SPECIFIED IN THIS PROCLAMATION;
WHEREAS, IMMEDIATE CONSIDERATION OF ISSUES CRITICAL TO THE ECONOMIC HEALTH, WELFARE, AND PUBLIC SAFETY OF NEW MEXICO AND ITS CITIZENS AND BUSINESSES IS NECESSARY;
WHEREAS, THE CITIZENS OF NEW MEXICO DESERVE AND EXPECT THAT PUBLIC SERVANTS WHO ARE ELECTED AND APPOINTED TO REPRESENT NEW MEXICO AND ITS CITIZENS SHALL UPHOLD AND EXHIBIT THE HIGHEST ETHICAL STANDARDS DURING A TAXPAYER-FUNDED SPECIAL SESSION OF THE LEGISLATURE AND SERVE IN A MANNER THAT IS BOTH HONORABLE AND PRODUCTIVE FOR THE BETTERMENT OF NEW MEXICO;
WHEREAS, THERE ARE A LIMITED NUMBER OF KEY ISSUES THAT THE LEGISLATURE SHOULD ADDRESS IN THIS SPECIAL SESSION IN ORDER TO BEST SERVE AND PROTECT NEW MEXICANS, INCLUDING KEY INITIATIVES THAT WILL PROMOTE JOB CREATION, PROTECT AND DEVELOP CRITICAL INFRASTRUCTURE PROJECTS, ENHANCE PUBLIC SAFETY, AND PROMOTE ECONOMIC DIVERSITY THROUGHOUT NEW MEXICO;
WHEREAS, SENATE BILL 386 AS TWICE AMENDED, ENACTING A COMPREHENSIVE TAX REFORM PACKAGE, FAILED TO OBTAIN FINAL PASSAGE BEFORE THE FIRST SESSION OF THE FIFTY-SECOND LEGISLATURE ADJOURNED;
WHEREAS, SENATE FINANCE COMMITTEE SUBSTITUTE FOR SENATE BILL 159 AS AMENDED, AUTHORIZING $264 MILLION DOLLARS IN CAPITAL OUTLAY SPENDING, FAILED TO OBTAIN FINAL PASSAGE BEFORE THE FIRST SESSION OF THE FIFTY-SECOND LEGISLATURE ADJOURNED;
WHEREAS, IT IS NECESSARY TO MAKE SUPPLEMENTAL APPROPRIATIONS TO THE DEPARTMENT OF HEALTH AND THE ADMINISTRATIVE OFFICE OF THE COURTS FOR EXPENDITURE IN FISCAL YEAR 2015;
WHEREAS, ALL OF THESE KEY INITIATIVES PROMOTE A STRONG, DIVERSE ECONOMY, REDUCING NEW MEXICO’S RELIANCE ON FEDERAL GOVERNMENT SPENDING WHILE PROMOTING A FIRM FOUNDATION FOR ECONOMIC GROWTH AND PROSPERITY FOR YEARS TO COME; AND
WHEREAS, BIPARTISAN GROUPS OF LAWMAKERS SUPPORT EACH ITEM ON THIS AGENDA;
NOW, THEREFORE, I, SUSANA MARTINEZ, GOVERNOR OF THE STATE OF NEW MEXICO, BY VIRTUE OF THE AUTHORITY VESTED IN ME PURSUANT TO THE CONSTITUTION OF THE STATE OF NEW MEXICO, DO HEREBY CALL THE FIFTY-SECOND LEGISLATURE INTO SPECIAL SESSION AT NOON ON MONDAY, JUNE 8, 2015, AT THE STATE CAPITOL IN SANTA FE. IN ACCORDANCE WITH ARTICLE IV, SECTION 6 OF THE CONSTITUTION OF NEW MEXICO, THIS SPECIAL SESSION IS CALLED FOR THE PURPOSE OF CONSIDERING AND ENACTING LEGISLATION CONCERNING THE FOLLOWING OBJECTS AND NO OTHERS:
AN ACT RELATING TO TAXATION; AUTHORIZING THE TAXATION AND REVENUE DEPARTMENT TO REVEAL TAX RETURN INFORMATION TO AN AUTHORIZED REPRESENTATIVE OF A LOCAL GOVERNMENT OF ANOTHER STATE WHO IS CHARGED WITH THE RESPONSIBILITY FOR ADMINISTRATION OF THAT STATE’S TAX LAWS; AMENDING PROVISIONS OF THE ANGEL INVESTMENT CREDIT; PROVIDING AN INCOME TAX DEDUCTION FOR CERTAIN UNREIMBURSED OR UNCOMPENSATED MEDICAL CARE EXPENSES; REVISING THE DUE DATE FOR CORPORATE INCOME AND FRANCHISE TAX FILING AND PAYMENT FOR ELECTRONIC SUBMISSIONS; REVISING THE DUE DATE FOR PASS-THROUGH ENTITY INFORMATION-RETURN FILING FOR ELECTRONIC SUBMISSIONS; PROVIDING FOR THE USE OF A SINGLE SALES FACTOR BY A HEADQUARTERS OPERATION IN APPORTIONING CORPORATE INCOME TO THE STATE; EXTENDING ELIGIBILITY FOR THE GROSS RECEIPTS TAX DEDUCTION FOR TRADE-SUPPORT COMPANIES IN A BORDER ZONE; PROVIDING A DEDUCTION FROM THE GROSS RECEIPTS TAX FOR CERTAIN RECEIPTS DERIVED FROM THE SALE OF GOODS AND SERVICES TO THE UNITED STATES DEPARTMENT OF DEFENSE RELATED TO DIRECTED ENERGY OR SATELLITES; AMENDING THE TECHNOLOGY JOBS TAX CREDIT ACT TO CREATE THE TECHNOLOGY JOBS AND RESEARCH AND DEVELOPMENT TAX CREDIT ACT; PREVENTING DOUBLE TAXATION OF GASOLINE OR SPECIAL FUEL WHEN A RACK OPERATOR MUST TAKE PRODUCT FROM NON-PIPELINE OR REFINERY SOURCES; PROVIDING A REFUND OF THE PETROLEUM PRODUCTS LOADING FEE ON PRODUCTS PREVIOUSLY LOADED FROM A SOURCE OTHER THAN A REFINER OR PIPELINE TERMINAL; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978;
A BILL RELATING TO CAPITAL EXPENDITURES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS; AUTHORIZING EXPENDITURES FROM CERTAIN FUNDS AND BALANCES; CLARIFYING CONDITIONS FOR THE ISSUANCE OF BONDS; ESTABLISHING CONDITIONS FOR THE EXPENDITURE OF SEVERANCE TAX BOND PROCEEDS; ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY;
A BILL MAKING SUPPLEMENTAL APPROPRIATIONS TO THE DEPARTMENT OF HEALTH AND THE ADMINISTRATIVE OFFICE OF THE COURTS FOR EXPENDITURE IN FISCAL YEAR 2015; DECLARING AN EMERGENCY; AND
A BILL APPROPRIATING LEGISLATIVE CASH BALANCES FOR THE PURPOSE OF PAYING THE EXPENSES OF THE SPECIAL SESSION CALLED PURSUANT TO THIS PROCLAMATION.
SIGNED AT THE EXECUTIVE OFFICE THIS 5TH DAY OF JUNE 2015.
WITNESS MY HAND AND THE GREAT SEAL OF THE STATE OF NEW MEXICO.
DIANNA J. DURAN
SECRETARY OF STATE