LEGISLATIVE News:
House Highlights
On the Floor
House Bill 10, as amended DWI Sentencing & Interlocks, sponsored by Rep. Emily Thomson (D-Bernalillo-24) and co-sponsored by Rep. Stephanie Garcia Richard (D-Los Alamos, Sandoval, Rio Arriba, Santa Fe-43) & Rep. Tim Lewis (R-Sandoval-60), has passed the House of Representatives by a vote of 51-5. HB 10a Creates a new method for enforcing ignition interlock device rules by requiring evidence that the ignition interlock has recorded no more than two tests at a level greater than .05 during the six months prior to reinstatement of a driver’s license; authorizes the judge to order the use of a GPS monitoring system and a home breathalyzer device for a person convicted of DWI on house arrest; and makes a felony DWI useable for habitual offender purposes, whose basic sentences (for subsequent felony convictions) are increased by one year (for a second felony), four years (for a third felony) and eight years (for a fourth or subsequent felony). HB 10a now goes to the Senate for consideration.
House Bill 30, as amended Alternative Fuel Tax Definitions & Payment, sponsored by Rep. Roberto “Bobby” Gonzales (D-Taos-42), has passed in the House of Representatives by a vote of 57-0. HB 30a would remove one of two options for taxpayer payment of alternative fuel use taxes on Compressed Natural Gas (CNG) and Liquefied Natural Gas (LNG). The two options are: an annual fixed fee based on Gross Vehicle Weight or 12 cents per gallon (cpg). The annual fee payment option would be removed. The bill also changes the definition of a gallon of CNG and LNG from a liquid gallon to an energy equivalent basis.
House Education Committee Substitute for House Bill 93 Academic Success Through Remediation Act, sponsored by Rep. Mary Helen Garcia (D-Doña Ana-34), has passed in the House of Representatives by a vote of 34 to 29. HB 93 CS provides that a student who is not proficient in reading at the end of kindergarten or first or second grade may be provided with intensive remediation. It also provide that a student who is not proficient in reading at the end of third grade, with certain exceptions, may be retained and provided with intensive remediation. A student who is not academically proficient at the end of grades four through eight shall not be retained but shall be provided with intensive remediation. It also provided assessment, intervention and remediation programs to address deficiencies identified between kindergarten and the eighth grade. HB 93CS now goes to the Senate.
House Bill 136, as amended Electronic Vehicle Income Tax Credit, sponsored by Rep. Jim Trujillo (D-Santa Fe-45), has passed the House of Representatives by a vote of 36-24. HB 136a HB 136 proposes three new sections of the Income Tax Act to create the electric vehicle income tax credit. The bill provides for a $2,500 credit against a taxpayer’s’ personal income tax liability for purchasing or leasing an electric vehicle; a $3,000 credit against a taxpayer’s’ personal income tax liability for purchasing an electric vehicle charging unit; a $3,000 credit against the taxpayer’s Corporate tax liability, or $5,000 if the unit is primarily solar powered, for purchasing an electric vehicle charging unit. HB 136a adds $30 to the registration fee for an electric car.
House Bill 207 Health Care Practitioner Gross Receipts, sponsored by Rep. Jim Trujillo (D-Santa Fe-45), has passed the House of Representatives by a vote of 54-6. HB 207 would amend Gross Receipts and Compensating Tax Act to expand deductions for commercial contractor and Medicare Part C provided by a healthcare practitioner. Receipts from payments by a managed care organization or health care insurer for commercial contract services or Medicare part C services may be deducted from gross receipts. Certain copayments may also be deducted.
House Judiciary Committee Substitute for House Bill 216 Magistrate Retirement Changes, originally sponsored by Rep. Jim Trujillo (D-Santa Fe-45), has passed the House of Representatives by a vote of 63-1. HB216cs proposes significant changes to the Magistrate Act (MRA), which provides a retirement plan for judges of the magistrate court and is managed by PERA. HB216cs significantly decreases benefits (annual service credit, COLA) for current and retired members, increasing the percent of salary contributed by active judges and increasing the employer contributions. HB216cs also requires employee and employer contributions for all judges, eliminating the “opt-out” ability for judges.
House Bill 234 Exclude NOL Carryover for up to 20 years, sponsored by Rep. George Dodge Jr. (D-Curry, DeBaca, Guad., Roosevelt, San Miguel-63), has passed the House of Representatives by a vote of 67-0. HB 234 would extend the net operating loss carryovers (NOLs) incurred from net income reported for corporate income tax purposes from the current five year period to 20 years for taxable years (TYs) beginning after Jan. 1, 2013. For TY’s beginning before Jan. 1, 2013, NOLs not recovered after five years would be extinguished. The bill would also extend NOLs incurred for personal income tax from the five year period to 20 years for TY’s beginning after Jan. 1, 2013. HB 234 now goes to the Senate.
House Business and Industry Committee Substitute for House Bill 239, as amended Disruption of Communications and Utilities, originally sponsored by Rep. Roberto “Bobby” Gonzales (D-Taos-42), has passed the House of Representatives by a vote of 60-0. HB 239a CS enacts a new section of the criminal code to make it a crime to disrupt communications and utilities services by theft or intentional damage or to create a safety hazard through theft or intentional damage to customer or utility-owned equipment. It also provides for penalties. HB 239 CS now goes to the Senate for consideration.
House Taxation and Revenue Committee Substitute for House Bill 241 Create Southwest Chief Rail Service Fund, originally sponsored by Rep. Roberto “Bobby” Gonzales (D-Taos-42), has passed the House of Representatives by a vote of 47-12. HB 421 CS creates the Southwest Chief Rail Service Fund; authorizes the issuance of severance tax bonds for the purposes of the fund; makes an appropriation. HB 421 CS now goes to the Senate.
House Bill 248 Native American Veterans’ Tax Settlements, sponsored by Rep. Eliseo Lee Alcon (D-Cibola & McKinley-6), has passed the House of Representatives by a vote of 62-0. HB 248 extends the date to claim a refund from the Native American Veterans’ Income Tax Settlement Fund. HB 248 now goes to the Senate.
House Bill 255, as amended Keeping Families Together Act, sponsored by Rep. Elizabeth “Liz” Thomson (D-Bernalillo-24), has passed the House of Representatives by a vote of 51-16. HB255a establishes a Keeping Families Together pilot program in the Children Youth and Families Department (CYFD) to provide supportive housing services to at least 50 families in Bernalillo, Dona Ana and Valencia counties who lack secure housing and whose children have been identified as victims of child abuse or neglect.
House Bill 288, as amended on the floor Biodiesel Tax Deduction, sponsored by Rep. Roberto “Bobby” Gonzales (D-Taos-42), has passed the House of Representatives by a vote of 58-0. HB 288a provides a deduction for certain biodiesel for subsequent blending or resale by a rack operator. HB 288a now goes to the Senate.
House Bill 342, as amended Health Act Child Placement Definitions, sponsored by Rep. Rodolpho “Rudy” Martinez (D-Doña Ana, Grant, Sierra-39), has passed the House of Representatives by a vote of 40-24. HB 342a revises definitions in the Public Health Act to include certain residential placements for children. HB 342a now goes to the Senate.
In Committee:
HM 81, International Baccalaureate Programs, sponsored by Rep. Mimi Stewart (D-Bernalillo-21), received a Do Pass in the House Education Committee. HM 81 requests that the Legislative Education Study Committee study the current and potential role of the International Baccalaureate educational programs in New Mexico and report its findings to and recommendations to the first session of the 52nd Legislature.
HB 273, Economic Development Grant & Program, sponsored by Speaker W. Ken Martinez (D-San Juan, Cibola, McKinley, Bernalillo, Valencia, Socorro-69), received a unanimous Do Pass in Senate Corporation and Transportation Committee, and now heads to the Senate floor. HB 273 creates a grant program that allows the Economic Development Commission, which is attached to the Economic Development Department, to make grants to local economic development organizations to hire economic development professionals, and to report on job creation efforts and outcomes. It authorized the Commission to manage grant applications, develop procedures, review applications, award grants to local and regional economic development agencies and monitor the use of all grants the Commission awards.
HB 181, Human Trafficking Resource Center Hotline, sponsored by Rep. Emily Kane (D-Bernalillo-15), received a Do Pass in the Senate Corporations and Transportation Committee. HB 181 requires the following entities to post a notice containing an easy to remember hotline number (505 GET FREE) for victims of human trafficking: employers subject to the Minimum Wage Act, licensed liquor establishments, health facilities licensed pursuant to the Public Health Act and state or local government agencies that manage transportation facilities.
