Today on the House Floor, the following bills will be heard:

HB180: WORKER ADJUSTMENT RETRAINING AND NOTIFICATION ACT Speaker Lujan.  The Worker Adjustment Retraining and Notification Act requires certain employers to provide advance notice at least 90 days before a mass layoff, a worksite closing or a sale or transfer of operation. Applies to employers of 75 or more full- and part-time employees and includes the parent corporation of a subsidiary that directly owns and operates a business. The bill authorizes the attorney general to pursue complaints. The bill states that notice must be given to each employee, representative of the employee, appropriate local Workforce Investment Boards established pursuant to the federal Workforce Investment Act of 1998 and the chief elected official of the unit of local government where the mass layoff, worksite closing or transfer of operations will occur. Employees who voluntarily leave the company during the notice period in anticipation of losing their job are counted toward all minimum numerical thresholds. This law will drastically expand the federal WARN act. ACI will oppose this bill.

Also, still on the Calendar waiting for enough votes to pass is the reconsideration of HB270: TAXES ON TAXES sponsored by Rep. M. Stewart.  This bill requires personal income taxpayers who itemize their deductions to reduce the amount of itemized deductions for New Mexico purposes by the amount of state and local taxes included in the itemized deductions for federal purposes.  ACI will continue to oppose this bill.

On the Senate Floor, the following bills are scheduled to be heard:

SB207: PUBLIC EMPLOYEES RETURNING TO WORK sponsored by Sen. D. Ulibarri.  This bill, also known as the Double Dipper bill, suspends upon commencement of employment the pensions of PERA retirees (other than elected officials, chiefs of police or undersheriffs) who return to work. Pensions resume at the suspended rate upon termination of re-employment. ACI supports this bill.

SJM7: MODEL STATE ADMINISTRATIVE PROCEDURE ACT introduced by Sen. T. Keller creates a task force to consider use of part or all of the proposed Model State Administrative Procedure Act for rulemaking and adjudicatory proceedings by state agencies. The task force will consist of 19 members comprised of legislators, cabinet secretaries and representatives of various legal organizations and regulatory bodies. New Mexico is the only state in the nation that does not require agencies to follow the Administrative Procedures Act when creating rules and regulations.  ACI supports this Resolution.

Today the Senate Corporations and Transportation Committee will hear:

HB8: Appropriation for Economic Development Training (JTIP) sponsored by Speaker Lujan.  This bill appropriates $5.0 million from the General Fund to the Development Training Fund for providing in-plant and classroom training.  ACI supports this bill.

The Senate Education Committee will hear SJM24: PUBLIC SCHOOL FINANCE POLICIES AND PRACTICES sponsored by Sen. C. Nava requests the Office of Educational Accountability, in collaboration with the Office of the State Auditor and the Public Education Department to convene a work group to examine the public school district finance systems and operations; its statutory powers and legal concepts; the ability of school districts and state agencies to oversee school district finance systems; and the training of governing bodies and school finance personnel concerning the systemic safeguards against fraud, waste, abuse. ACI supports this Memorial.

The Senate Finance Committee will hear:

SB160: TAX LIGHTNING FIX introduced by Sen. S. Neville changes the basis for valuing residential properties for property taxation purposes from a “current and correct” (i.e., market) basis to a cost basis. For 2012 and subsequent property tax years, any increase in valuation may not exceed five (up from three) percent but only in counties with a sales ratio of 95 or higher. The increase limitation will apply to residential properties which changed hands in the prior year. The cost method calculates the residence’s valuation by subtracting from the residence’s cost a measure of depreciation and adding the result to the property’s land value. ACI supports this bill.

SB180: GENERAL TAX AMNESTY sponsored by Sen. P. Griego authorizes the Secretary of Taxation and Revenue, with the concurrence of the Governor, to declare a tax amnesty period of up to 90 days in FY 2011. Only taxes administered by the Taxation and Revenue Department can be covered. Excludes taxpayers to whom the department issues a notice of the commencement of an audit before the taxpayer asks for amnesty. The amnesty covers almost every tax administered by the department, including state and local gross receipts taxes, compensating tax, personal income tax, corporate income tax, liquor, cigarette, boat and other excise taxes, taxes on mineral production, gasoline, weight distance and other transportation taxes and workers compensation fee. Property tax, copper ad valorem tax and trip tax are excluded. The bill also appropriates $0.5 million to the Taxation and Revenue Department to run the amnesty program. ACI supports this bill.

The House Judiciary Committee will hear HB259: PRIVATE ACTIONS FOR LACK OF ENVIRONMENTAL ENFORCEMENT sponsored by Speaker B. Lujan.  This bill amends the Oil and Gas Act, the Environmental Improvement Act and the Water Quality Act to provide for a private right of action (“citizen suit”) to enforce those Acts. The private right of action extends not only to enforcement against the individuals and companies subject to those Acts, but also to enforcement against the state of New Mexico and the relevant agencies, divisions, boards and commissions that administer those Acts. A person who has an interest that is or may be adversely affected may bring a civil action on that person’s own behalf against any other person, including the state of New Mexico, a political subdivision thereof or any officer or agency of either, for a violation of the Act, or a rule, permit or order issued pursuant to the Act. A person who has an interest that is or may be adversely affected may also bring a civil action against the relevant agency, division, board or commission alleging a failure to perform any nondiscretionary act or duty required by the Act or a rule promulgated pursuant to that Act. ACI stands in strong opposition to this bill.