New Mexico 2020 Regular Session Status: Passed Senate

SB 52 — REPORTING REQUIREMENTS FOR LEDA RECIPIENTS

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  1. ✓
    Introduced
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    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

749 added · 650 removed

Plain-language change summary

The changes made to Senate Bill 52 clarify how economic development incentive recipients must report job creation and capital investment information. The bill now specifies that information can be shared with state professional economists for certain evaluation purposes, in an effort to ensure better monitoring of public support. Additionally, it strengthens penalties for anyone attempting to pressure individuals to disclose confidential taxpayer information. These updates aim to enhance transparency and accountability in the use of state resources for economic development.

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SENATE FLOOR SUBSTITUTE FOR SENATE BILL 52 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 4 6 8 10 AN ACT RELATING TO ECONOMIC DEVELOPMENT INCENTIVES;
SENATE BILL 52 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 INTRODUCED BY Bill Tallman This document incorporates amendments that have been adopted during the current legislative session.
REQUIRING RECIPIENTS OF PUBLIC SUPPORT FROM THE STATE PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT TO REPORT JOB CREATION AND 14 CAPITAL INVESTMENT INFORMATION;
The document is a tool to show the amendments in context and is not to be used for the purpose of amendments.
AUTHORIZING THE REVEAL OF TAXPAYER RETURN INFORMATION TO THE PROFESSIONAL ECONOMISTS OF CERTAIN EXECUTIVE AND LEGISLATIVE AGENCIES FOR FISCAL e t 17 EVALUATION PURPOSES;
FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE AN ACT RELATING TO ECONOMIC DEVELOPMENT INCENTIVES;
IMPOSING A PENALTY ON A PERSON WHO COMPELS w l n d 18 OR COERCES AN AUTHORIZED PERSON TO REVEAL CONFIDENTIAL TAXPAYER = = 19 RETURN INFORMATION;
REQUIRING h RECIPIENTS OF PUBLIC SUPPORT FROM THE STATE PURSUANT TO THE g o LOCAL ECONOMIC DEVELOPMENT ACT TO REPORT JOB CREATION AND t hr g e i k CAPITAL INVESTMENT INFORMATION;
REQUIRING THE TAXATION AND REVENUE a l i a e r 20 DEPARTMENT TO COMPILE AND PRESENT A TAX EXPENDITURE BUDGET TO a t m m 21 THE GOVERNOR AND LEGISLATIVE COMMITTEES;
AUTHORIZING THE REVEAL OF h r i s TAXPAYER RETURN INFORMATION TO STATE PROFESSIONAL ECONOMISTS h , t, FOR CERTAIN PURPOSES;
REQUIRING THE ECONOMIC d r e 22 DEVELOPMENT DEPARTMENT AND THE WORKFORCE SOLUTIONS DEPARTMENT c e s k 23 TO PROVIDE INFORMATION TO THE PROFESSIONAL ECONOMISTS FOR e a n b 24 PURPOSES OF EVALUATING TAX EXPENDITURES AND OTHER ECONOMIC u [ DEVELOPMENT INCENTIVES.
IMPOSING A PENALTY ON A PERSON THAT e u g e b l e e h ATTEMPTS TO DIRECT OR COERCE A PERSON TO REVEAL CONFIDENTIAL n d d i = = o h TAXPAYER RETURN INFORMATION;
.217546.7 SFl/SB 52 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
REQUIRING THE TAXATION AND REVENUE l ] b ,d i a º e DEPARTMENT TO COMPILE AND PRESENT A TAX EXPENDITURE BUDGET TO r i = r t e w d m a n o THE GOVERNOR AND LEGISLATIVE COMMITTEES;
REQUIRING THE ECONOMIC d m :
b e d s º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e e a n e d r e l u [ A d DEVELOPMENT DEPARTMENT AND THE WORKFORCE SOLUTIONS DEPARTMENT TO PROVIDE INFORMATION TO STATE PROFESSIONAL ECONOMISTS FOR PURPOSES OF EVALUATING TAX EXPENDITURES AND OTHER ECONOMIC DEVELOPMENT INCENTIVES SFCº ;
MAKING AN APPROPRIATION»SFC.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
"[NEW MATERIAL] REPORTING REQUIREMENTS.-- A.
"[NEW MATERIAL ] REPORTING REQUIREMENTS.-- A.
A qualifying entity that receives public support provided by the state to a local or regional government shall, prior to April 1 of each year for five years following receiving the public support, report to the department the number of new full-time jobs created by the qualifying entity in the previous calendar year, the job title for each person employed in a new full-time job, the total annual wages and salaries for those new full-time jobs and any capital investments made by the qualifying entity in the previous calendar year.
A qualifying entity that receives public support provided by the state to a local or regional government shall, prior to April 1 of each year for five years following receiving public support, report to the department the number of new full-time economic base jobs created in the previous calendar year, the total annual wages and salaries for those jobs and any capital investments made in the previous calendar h year.
B.
Prior to August 1 of each year, the department shall u » r compile the annual reports and submit the compilation to the t h g e legislative finance committee and the department of finance and l i h r i s administration.
Prior to August 1 of each year, the department e e 17 shall compile the annual reports received from the qualifying e e n d 18 entities and submit the compilation to the legislative finance = = l ] 19 committee and the department of finance and administration.
h , e h B.
a l r i 20 C.
As used in this section, "new full-time economic t u g e b l base job" means a job:
As used in this section, "new full-time job" t e a t means a job:
e e , gh n d d i = = o h (1) that is primarily performed in New Mexico;
m m 21 e d (1) that is primarily performed in New Mexico;
l ] b ,d i a º r (2) that is held by an employee who is hired e r = t e w d to work an average of at least thirty-two hours per week for at m a n o d m :
r e 22 c e r c 23 (2) that is held by an employee who is hired e a n b 24 to work an average of at least thirty-two hours per week for at u [ least forty-eight weeks per year;
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 2 - e a n e d r e l u [ A d least forty-eight weeks per year;
and .217546.7 - 2 - SFl/SB 52 (3) that the qualifying entity attributes to the public support provided by the state." SECTION 2.
(3) that is:
Section 7-1-4.2 NMSA 1978 (being Laws 2003, Chapter 398, Section 2, as amended) is amended to read:
(a) involved, directly or in a supervisory capacity, with the production of:
"7-1-4.2.
1) a service;
NEW MEXICO TAXPAYER BILL OF RIGHTS.--The rights afforded New Mexico taxpayers during the assessment, collection and enforcement of any tax administered by the department as set forth in the Tax Administration Act include:
provided that the majority of the revenue generated from the service is from sources outside the state;
or 2) tangible or intangible personal property for sale;
or (b) held by an employee that is employed at a regional, national or international headquarters operation or at an operation that primarily provides services for other operations of the qualifying entity that are located outside the state;
(4) that is created as a direct result of the public support provided by the state and that would not have been created in the state but for the public support, as determined by the qualifying entity;
and h (5) that is not directly involved with natural g o t hr resources extraction or processing, on-site services where the g e i k customer is present for the delivery of the service, retail, h r i s construction or agriculture except for value-added processing h , t, performed on agricultural products that would then be sold for e u g e b l e e h wholesale or retail consumption." n d d i = = o h SECTION 2.
Section 7-1-4.2 NMSA 1978 (being Laws 2003, l ] b ,d i a º e Chapter 398, Section 2, as amended) is amended to read:
r i = r t e w d m a n o "7-1-4.2.
NEW MEXICO TAXPAYER BILL OF RIGHTS.--The rights d m :
b e d s º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 3 - e a n e d r e l u [ A d afforded New Mexico taxpayers during the assessment, collection and enforcement of any tax administered by the department as set forth in the Tax Administration Act include:
e e 17 C.
C.
the right to have audits, inspections of records e e n d 18 and meetings conducted at a reasonable time and place in = = l ] 19 accordance with the provisions of Section 7-1-11 NMSA 1978;
the right to have audits, inspections of records and meetings conducted at a reasonable time and place in accordance with the provisions of Section 7-1-11 NMSA 1978;
a l r i 20 D.
D.
the right to have the department conduct its t e a t audits in a timely and expeditious manner and be entitled to m m 21 e d the tolling of interest as provided in the Tax Administration r e 22 c e r c 23 Act;
the right to have the department conduct its audits in a timely and expeditious manner and be entitled to h the tolling of interest as provided in the Tax Administration u » r Act;
e a n b 24 E.
t h g e l i E.
the right to obtain nontechnical information u [ that explains the procedures, remedies and rights available .217546.7 - 3 - SFl/SB 52 during audit, protest, appeals and collection proceedings pursuant to the Tax Administration Act;
the right to obtain nontechnical information h r i s that explains the procedures, remedies and rights available h , e h during audit, protest, appeals and collection proceedings t u g e b l e e , gh pursuant to the Tax Administration Act;
F.
n d d i = = o h F.
the right to be provided with an explanation of the results of and the basis for audits, assessments or denials of refunds that identify any amount of tax, interest or penalty due;
the right to be provided with an explanation of l ] b ,d i a º r the results of and the basis for audits, assessments or denials e r = t e w d m a n o of refunds that identify any amount of tax, interest or penalty d m :
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 4 - e a n e d r e l u [ A d due;
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the right to abatement of an assessment of taxes e e 17 determined to have been incorrectly, erroneously or illegally e e n d 18 made, as provided in Section 7-1-28 NMSA 1978 and the right to = = l ] 19 seek a compromise of an asserted tax liability by obtaining a a l r i 20 written determination of liability or nonliability when the t e a t secretary in good faith is in doubt of the liability as m m 21 e d provided in Section 7-1-20 NMSA 1978;
the right to abatement of an assessment of taxes determined to have been incorrectly, erroneously or illegally made, as provided in Section 7-1-28 NMSA 1978 and the right to seek a compromise of an asserted tax liability by obtaining a written determination of liability or nonliability when the secretary in good faith is in doubt of the liability as h provided in Section 7-1-20 NMSA 1978;
r e 22 c e r c 23 J.
u » r J.
upon receipt of a tax assessment, the right to e a n b 24 be informed clearly that if the assessment is not paid, u [ secured, protested or otherwise provided for in accordance with .217546.7 - 4 - SFl/SB 52 the provisions of Section 7-1-16 NMSA 1978, the taxpayer will be a delinquent taxpayer and, upon notice of delinquency, the right to timely notice of any collection actions that will require sale or seizure of the taxpayer's property in accordance with the provisions of the Tax Administration Act;
upon receipt of a tax assessment, the right to t h g e l i be informed clearly that if the assessment is not paid, h r i s secured, protested or otherwise provided for in accordance with h , e h the provisions of Section 7-1-16 NMSA 1978, the taxpayer will t u g e b l e e , gh be a delinquent taxpayer and, upon notice of delinquency, the n d d i = = o h right to timely notice of any collection actions that will l ] b ,d i a º r require sale or seizure of the taxpayer's property in e r = t e w d m a n o accordance with the provisions of the Tax Administration Act;
and K.
d m :
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 5 - e a n e d r e l u [ A d and K.
It is unlawful for any person other than the taxpayer to reveal to any other person the taxpayer's return or return information, except as provided in Sections 7-1-8.1 e e 17 through [7-1-8.11 ] 7-1-8.12 NMSA 1978.
It is unlawful for any person other than the taxpayer to reveal to any other person the taxpayer's return or return information, except as provided in Sections 7-1-8.1 through [7-1-8.11 ] 7-1-8.12 NMSA 1978.
e e n d 18 B.
B.
A return or return information revealed [under ] = = l ] 19 pursuant to Sections 7-1-8.1 through [7-1-8.11] 7-1-8.12 NMSA a l r i 20 1978:
A return or return information revealed [under ] pursuant to Sections 7-1-8.1 through [7-1-8.11] 7-1-8.12 NMSA 1978:
t e a t (1) may only be revealed to a person m m 21 e d specifically authorized to receive the return or return r e 22 c e r c 23 information and the employees, directors, officers and agents e a n b 24 of such person whose official duties or duties in the course of u [ their employment require the return or return information and .217546.7 - 5 - SFl/SB 52 to an employee of the department;
(1) may only be revealed to a person h specifically authorized to receive the return or return g o t hr information and the employees, directors, officers and agents g e i k of such person whose official duties or duties in the course of h r i s their employment require the return or return information and h , t, to an employee of the department;
(2) may only be revealed for the authorized purpose and only to the extent necessary to perform that authorized purpose;
e u g e b l e e h (2) may only be revealed for the authorized n d d i = = o h purpose and only to the extent necessary to perform that l ] b ,d i a º e authorized purpose;
(3) shall at all times be protected from being revealed to an unauthorized person by physical, electronic or any other safeguards specified by directive by the secretary;
r i = r t e w d m a n o (3) shall at all times be protected from being d m :
b e d s º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 6 - e a n e d r e l u [ A d revealed to an unauthorized person by physical, electronic or any other safeguards specified by directive by the secretary;
If any provision of Sections 7-1-8.1 through [7-1-8.11] 7-1-8.12 NMSA 1978 requires that a return or return information will only be revealed pursuant to a written agreement between a person and the department, the written agreement shall:
If any provision of Sections 7-1-8.1 through [7-1-8.11 ] 7-1-8.12 NMSA 1978 requires that a return or return information will only be revealed pursuant to a written agreement between a person and the department, the written agreement shall:
e e 17 (1) list the name and position of any official e e n d 18 or employee of the person to whom a return or return = = l ] 19 information is authorized to be revealed under the provision;
(1) list the name and position of any official or employee of the person to whom a return or return information is authorized to be revealed under the provision;
a l r i 20 (2) describe the specific purpose for which t e a t the return or return information is to be used;
(2) describe the specific purpose for which the return or return information is to be used;
m m 21 e d (3) describe the procedures and safeguards the r e 22 c e r c 23 person has in place to ensure that the requirements of e a n b 24 Subsection B of this section are met;
h (3) describe the procedures and safeguards the g o t hr person has in place to ensure that the requirements of g e i k Subsection B of this section are met;
and u [ (4) provide for reimbursement to the .217546.7 - 6 - SFl/SB 52 department for all costs incurred by the department in supplying the returns or return information to, and administering the agreement with, the person.
and h r i s (4) provide for reimbursement to the h , t, department for all costs incurred by the department in e u g e b l e e h supplying the returns or return information to, and n d d i = = o h administering the agreement with, the person.
D.
l ] b ,d i a º e D.
A return or return information that is lawfully made public by an employee of the department or any other person, or that is made public by the taxpayer, is not subject to the provisions of this section once it is made public." SECTION 4.
A return or return information that is lawfully r i = r t e w d m a n o made public by an employee of the department or any other d m :
b e d s º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 7 - e a n e d r e l u [ A d person, or that is made public by the taxpayer, is not subject to the provisions of this section once it is made public." SECTION 4.
[NEW MATERIAL ] INFORMATION THAT MAY BE REVEALED TO PROFESSIONAL ECONOMISTS.-- A.
[NEW MATERIAL ] INFORMATION THAT MAY BE REVEALED TO STATE PROFESSIONAL ECONOMISTS.-- A.
An employee of the department may reveal to a professional economist return information for purposes provided in this section.
An employee of the department may reveal to a state professional economist return information for purposes provided in this section.
Upon request by a chief economist, including by electronic means, the department shall provide return e e 17 information, except that which is prohibited by law, to a e e n d 18 professional economist of the same agency as that of the = = l ] 19 requesting chief economist.
Upon request by a state chief economist, including by electronic means, the department shall provide return information, except that which is prohibited by law, to a state professional economist of the same agency as that of the requesting state chief economist.
In cases where access is a l r i 20 prohibited by federal law, and upon an additional request by t e a t the chief economist, the department shall provide the requested m m 21 e d return information, redacting any prohibited information r e 22 c e r c 23 necessary to maintain federal standards for confidential return e a n b 24 information, as determined by the department.
In cases where access is prohibited by federal law, and upon an additional request by the state chief economist, the department shall provide the h requested return information, redacting any prohibited u » r information.
u [ C.
In regard to return information filed pursuant to t h g e l i the Income Tax Act, Corporate Income and Franchise Tax Act, h r i s Withholding Tax Act and Uniform Division of Income for Tax h , e h Purposes Act, the department shall only provide aggregated data t u g e b l e e , gh to three taxpayers, or more if necessary to maintain federal n d d i = = o h standards for confidential return information, as determined by l ] b ,d i a º r the department, and shall not include personally identifiable e r = t e w d m a n o information.
Prior to the initial reveal of return .217546.7 - 7 - SFl/SB 52 information to a professional economist, the department and the professional economist's agency shall enter into a memorandum of understanding for security protocols regarding the confidentiality of the return information.
d m :
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 8 - e a n e d r e l u [ A d C.
Prior to the initial reveal of return information to a state professional economist, the department and the state professional economist's agency shall enter into a memorandum of understanding for security protocols regarding the confidentiality of the return information.
If the information requested pursuant to Subsection B of this section is available in an electronic format, the information shall be provided in an editable electronic format available for viewing and editing in software available to the professional economist.
If the information requested pursuant to Subsection B of this section is available in an electronic format, the information shall be provided in an editable electronic format available for viewing and editing in software available to the state professional economist.
The department shall provide visible and clearly marked notification of confidential return information provided to a professional economist pursuant to this section.
The department shall provide visible and clearly marked notification of confidential return information provided to a state professional economist pursuant to this section.
A professional economist shall not reveal such return information that can be associated with or directly or indirectly identify e e 17 a particular taxpayer.
A state professional economist shall not reveal such return h information unless the information is aggregated to at least g o t hr three businesses.
e e n d 18 F.
g e i k F.
A professional economist is prohibited from = = l ] 19 requesting or using return information received pursuant to a l r i 20 this section for any purpose other than to:
A state professional economist is prohibited h r i s from requesting or using return information received pursuant h , t, to this section for any purpose other than to:
t e a t (1) improve revenue tracking and forecasting;
e u g e b l e e h (1) improve revenue tracking and forecasting;
m m 21 e d (2) evaluate tax expenditures and economic r e 22 c e r c 23 development incentives for effectiveness and efficiency or to e a n b 24 make recommendations regarding the continuance of such u [ expenditures and incentives;
n d d i = = o h (2) evaluate tax expenditures and economic l ] b ,d i a º e development incentives for effectiveness and efficiency or to r i = r t e w d m a n o make recommendations regarding the continuance of such d m :
and .217546.7 - 8 - SFl/SB 52 (3) analyze potential issues of multiple taxpayers' misreporting or underreporting as part of broader tax policy and tax administration concerns but not to act as an audit of any individual taxpayers.
b e d s º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 9 - e a n e d r e l u [ A d expenditures and incentives;
and (3) analyze potential issues of multiple taxpayers' misreporting or underreporting as part of broader tax policy and tax administration concerns but not to act as an audit of any individual taxpayers.
A professional economist shall destroy all confidential return information received pursuant to this section within one year of receipt of the information.
A state professional economist shall destroy all confidential return information received pursuant to this section within one year of receipt of the information.
(1) "chief economist" means the chief economist of the legislative finance committee, department of finance and administration or economic development department, or if those agencies have no chief economist, the professional economist designated by the secretary or director of such agency to request return information pursuant to this section;
(1) "state chief economist" means the chief economist of the legislative finance committee, department of finance and administration or economic development department, or if those agencies have no chief economist, the state professional economist designated by the secretary or director of such agency to request return information pursuant to this section;
and (2) "professional economist" means a e e 17 professional economist who is employed or contracted to perform e e n d 18 the duties of an economist for the legislative finance = = l ] 19 committee, department of finance and administration or economic a l r i 20 development department." t e a t SECTION 5.
and h (2) "state professional economist" means a u » r professional economist who is an employee or contractor of the t h g e l i legislative finance committee, department of finance and h r i s administration or economic development department." h , e h SECTION 5.
Section 7-1-76 NMSA 1978 (being Laws 1965, m m 21 e d Chapter 248, Section 76, as amended) is amended to read:
Section 7-1-76 NMSA 1978 (being Laws 1965, t u g e b l e e , gh Chapter 248, Section 76, as amended) is amended to read:
r e 22 c e r c 23 "7-1-76.
n d d i = = o h "7-1-76.
REVEALING INFORMATION CONCERNING TAXPAYERS-- e a n b 24 COMPELLING OR COERCING AN AUTHORIZED PERSON TO REVEAL TAXPAYER u [ RETURN INFORMATION--PENALTY.-- .217546.7 - 9 - SFl/SB 52 A.
REVEALING INFORMATION CONCERNING TAXPAYERS-- l ] b ,d i a º r ATTEMPTS TO DIRECT AN AUTHORIZED PERSON TO REVEAL TAXPAYER e r = t e w d m a n o INFORMATION--PENALTY.-- d m :
A person who reveals to another person any return or return information that is prohibited from being revealed pursuant to Section 7-1-8 NMSA 1978 or who uses a return or return information for any purpose that is not authorized by Sections 7-1-8 through [7-1-8.11 ] 7-1-8.12 NMSA 1978 is guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000) or imprisoned up to one year, or both, together with costs of prosecution, and shall not be employed by the state for a period of five years after the date of the conviction.
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 10 - e a n e d r e l u [ A d A.
A person who reveals to another person any return or return information that is prohibited from being revealed pursuant to Section 7-1-8 NMSA 1978 or who uses a return or return information for any purpose that is not authorized by Sections 7-1-8 through [7-1-8.11 ] 7-1-8.12 NMSA is guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000) or imprisoned up to one year, or both, together with costs of prosecution, and shall not be employed by the state for a period of five years after the date of the conviction.
e e 17 C.
If, after receiving the written notification, the h requester attempts to direct or coerce the authorized person to u » r provide the information, the requester is guilty of a t h g e l i misdemeanor and shall, upon conviction thereof, be fined not h r i s more than one thousand dollars ($1,000) or imprisoned up to one h , e h year, or both, together with costs of prosecution, and shall t u g e b l e e , gh not be employed by the state for a period of five years after n d d i = = o h the date of the conviction." l ] b ,d i a º r SECTION 6.
If a person who is not authorized to receive a e e n d 18 return or return information compels, coerces or attempts to = = l ] 19 compel or coerce a person authorized to receive a return or a l r i 20 return information to reveal such information, the non- t e a t authorized person is guilty of a misdemeanor and shall, upon m m 21 e d conviction thereof, be fined not more than one thousand dollars r e 22 c e r c 23 ($1,000) or imprisoned up to one year, or both, together with e a n b 24 costs of prosecution, and shall not be employed by the state u [ for a period of five years after the date of the conviction." .217546.7 - 10 - SFl/SB 52 SECTION 6.
A new section of the Tax Administration Act is e r = t e w d m a n o enacted to read:
A new section of the Tax Administration Act is enacted to read:
d m :
"[NEW MATERIAL] TAX EXPENDITURE BUDGET.-- A.
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 11 - e a n e d r e l u [ A d "[NEW MATERIAL] TAX EXPENDITURE BUDGET.-- A.
e e 17 (4) the intended purpose of the tax deviation, e e n d 18 if specified in the law providing for the tax deviation or as = = l ] 19 otherwise determined by the department;
(4) the intended purpose of the tax deviation, if specified in the law providing for the tax deviation or as h otherwise determined by the department;
a l r i 20 (5) if the tax deviation is a tax expenditure, t e a t an estimate of the approximate amount of foregone revenue by m m 21 e d fiscal year for:
g o t hr (5) if the tax deviation is a tax expenditure, g e i k an estimate of the approximate amount of foregone revenue by h r i s fiscal year for:
r e 22 c e r c 23 (a) the three fiscal years preceding the e a n b 24 current fiscal year, including the general fund, other state u [ funds and local government revenues;
h , t, (a) the three fiscal years preceding the e u g e b l e e h current fiscal year, including the general fund, other state n d d i = = o h funds and local government revenues;
and .217546.7 - 11 - SFl/SB 52 (b) the current and subsequent fiscal year, if feasible, and a brief description of the methodology and assumptions applied to the forecasted estimate;
and l ] b ,d i a º e (b) the current and subsequent fiscal r i = r t e w d m a n o year, if feasible, and a brief description of the methodology d m :
b e d s º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 12 - e a n e d r e l u [ A d and assumptions applied to the forecasted estimate;
(1) a description or reference citation of any tax deviation evaluation or compilation of information completed by an executive or legislative agency since the last e e 17 tax expenditure budget report by the department;
(1) a description or reference citation of any tax deviation evaluation or compilation of information completed by an executive or legislative agency since the last tax expenditure budget report by the department;
and e e n d 18 (2) a measure of the tax deviation's effect on = = l ] 19 the administration of the tax system.
and (2) a measure of the tax deviation's effect on h the administration of the tax system.
a l r i 20 D.
g o t hr D.
The department may request from an executive t e a t agency or a local government agency or official, information m m 21 e d necessary to complete the tax expenditure budget required by r e 22 c e r c 23 this section.
The department may request from an executive g e i k agency or a local government agency or official, information h r i s necessary to complete the tax expenditure budget required by h , t, this section.
An agency or official shall comply with a e a n b 24 request made pursuant to this section by the department as u [ permitted by law.
An agency or official shall comply with a e u g e b l e e h request made pursuant to this section by the department as n d d i = = o h permitted by law.
.217546.7 - 12 - SFl/SB 52 E.
l ] b ,d i a º e E.
(1) "tax deviation" means a deduction, credit, exemption, exclusion, preferential tax rate, subtraction, allowance or other deviation from a tax that reduces tax liability, as determined by the secretary in consultation with the legislative finance committee and the department of finance and administration.
r i = r t e w d m a n o (1) "tax deviation" means a deduction, credit, d m :
b e d s º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 13 - e a n e d r e l u [ A d exemption, exclusion, preferential tax rate, subtraction, allowance or other deviation from a tax that reduces tax liability, as determined by the secretary in consultation with the legislative finance committee and the department of finance and administration.
and (2) "tax expenditure" means a tax deviation that deviates from the baseline of a tax, as determined by the secretary in consultation with the legislative finance committee and the department of finance and administration, to e e 17 reflect state policy, such as to promote the general welfare of e e n d 18 citizens or give preferential tax treatment to a specific = = l ] 19 industry, or to reflect a specific purpose, such as to a l r i 20 incentivize consumer behavior, economic development or job t e a t creation." m m 21 e d SECTION 7.
and (2) "tax expenditure" means a tax deviation that deviates from the baseline of a tax, as determined by the secretary in consultation with the legislative finance committee and the department of finance and administration, to reflect state policy, such as to promote the general welfare of citizens or give preferential tax treatment to a specific h industry, or to reflect a specific purpose, such as to u » r incentivize consumer behavior, economic development or job t h g e l i creation." h r i s SECTION 7.
Section 9-15-10 NMSA 1978 (being Laws 1983, r e 22 c e r c 23 Chapter 297, Section 10, as amended) is amended to read:
Section 9-15-10 NMSA 1978 (being Laws 1983, h , e h Chapter 297, Section 10, as amended) is amended to read:
e a n b 24 "9-15-10.
t u g e b l e e , gh "9-15-10.
ORGANIZATIONAL UNITS OF DEPARTMENT--POWERS AND u [ DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.-- .217546.7 - 13 - SFl/SB 52 A.
ORGANIZATIONAL UNITS OF DEPARTMENT--POWERS AND n d d i = = o h DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.-- l ] b ,d i a º r A.
Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved.
Those organizational units of the department and e r = t e w d m a n o the officers of those units specified by law shall have all of d m :
However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and [he] the secretary shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 9-15-6 NMSA 1978.
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 14 - e a n e d r e l u [ A d the powers and duties enumerated in the specific laws involved.
However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and [he ] the secretary shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 9-15-6 NMSA 1978.
Except as provided in Subsection B of this section, any information obtained by the department that is proprietary technical information or related to the possible relocation or expansion of a business shall be deemed confidential and withheld from inspection pursuant to e e 17 the Inspection of Public Records Act.
Except as provided in Subsection B of this section, any information obtained by the department that is proprietary technical information or related to the possible relocation or expansion of a business shall be deemed confidential and withheld from inspection pursuant to the Inspection of Public Records Act.
e e n d 18 B.
B.
Upon written request by a professional = = l ] 19 economist, including by electronic means, the department shall a l r i 20 provide all information obtained by the department that is t e a t proprietary technical information or related to an actual or m m 21 e d relocation or expansion of a business;
Upon written request by a state professional h economist, including by electronic means, the department shall u » r provide all information obtained by the department that is t h g e l i proprietary technical information or related to an actual or h r i s relocation or expansion of a business;
provided that providing r e 22 c e r c 23 such information shall not violate the terms of a previously e a n b 24 executed agreement with the department.
provided that providing h , e h such information shall not violate the terms of a previously t u g e b l e e , gh executed agreement with the department.
The professional u [ economist is prohibited from requesting or using this .217546.7 - 14 - SFl/SB 52 information for any purpose other than to evaluate tax expenditures and economic development incentives for effectiveness and efficiency or to make recommendations regarding the continuance of such expenditures and incentives.
The state professional n d d i = = o h economist is prohibited from requesting or using this l ] b ,d i a º r information for any purpose other than to evaluate tax e r = t e w d m a n o expenditures and economic development incentives for d m :
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 15 - e a n e d r e l u [ A d effectiveness and efficiency or to make recommendations regarding the continuance of such expenditures and incentives.
A professional economist shall not reveal such confidential information that can be associated with or directly or indirectly identify a particular business.
A state professional economist shall not reveal such confidential information unless the information is aggregated to at least three businesses.
As used in this section, "professional economist" means a professional economist who is employed or contracted to perform the duties of an economist for the legislative finance committee, the department of finance and administration or the taxation and revenue department." SECTION 8.
As used in this section, "state professional economist" means a professional economist who is an employee or contractor of the legislative finance committee, the department of finance and administration or the taxation and revenue department." SECTION 8.
Section 9-26-14 NMSA 1978 (being Laws 2007, e e 17 Chapter 200, Section 14) is amended to read:
Section 9-26-14 NMSA 1978 (being Laws 2007, Chapter 200, Section 14) is amended to read:
e e n d 18 "9-26-14.
"9-26-14.
DISCLOSURE OF INFORMATION.-- = = l ] 19 A.
DISCLOSURE OF INFORMATION.-- A.
To the extent permitted by federal law, upon the a l r i 20 written request of a corporation organized pursuant to the t e a t Educational Assistance Act, the department shall furnish the m m 21 e d last known address and the date of that address of every person r e 22 c e r c 23 certified to the department as being an absent obligor of an e a n b 24 educational debt that is due and owed to the corporation or u [ that the corporation has lawfully contracted to collect.
To the extent permitted by federal law, upon the h written request of a corporation organized pursuant to the u » r Educational Assistance Act, the department shall furnish the t h g e l i last known address and the date of that address of every person h r i s certified to the department as being an absent obligor of an h , e h educational debt that is due and owed to the corporation or t u g e b l e e , gh that the corporation has lawfully contracted to collect.
The .217546.7 - 15 - SFl/SB 52 corporation and its officers and employees shall use such information only for the purpose of enforcing the educational debt obligation of such absent obligors and shall not disclose that information or use it for any other purpose.
The n d d i = = o h corporation and its officers and employees shall use such l ] b ,d i a º r information only for the purpose of enforcing the educational e r = t e w d m a n o debt obligation of such absent obligors and shall not disclose d m :
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 16 - e a n e d r e l u [ A d that information or use it for any other purpose.
To the extent permitted by federal law, upon written request by a professional economist, including by electronic means, the department shall provide all information related to labor data obtained by the department.
To the extent permitted by federal law, upon written request by a state professional economist, including by electronic means, the department shall provide all information related to labor data obtained by the department.
The professional economist is prohibited from requesting or using this information for any purpose other than to evaluate tax expenditures and economic development incentives for effectiveness and efficiency or to make recommendations regarding the continuance of such expenditures and incentives.
The state professional economist is prohibited from requesting or using this information for any purpose other than to evaluate tax expenditures and economic development incentives for effectiveness and efficiency or to make recommendations regarding the continuance of such expenditures and incentives.
A professional e e 17 economist shall not reveal such confidential information that e e n d 18 can be associated with or directly or indirectly identify a = = l ] 19 particular business.
A state professional economist shall not reveal such confidential information unless the information is aggregated to at least three businesses.
a l r i 20 D.
D.
As used in this section, "professional t e a t economist" means a professional economist who is employed or m m 21 e d contracted to perform the duties of an economist for the r e 22 c e r c 23 legislative finance committee, the department of finance and e a n b 24 administration, the economic development department or the u [ taxation and revenue department." .217546.7 - 16 - SFl/SB 52 SECTION 9.
As used in this section, "state professional h economist" means a professional economist who is an employee or g o t hr contractor of the legislative finance committee, the department g e i k of finance and administration, the economic development h r i s department or the taxation and revenue department." h , t, SFCº SECTION 9.
APPROPRIATION.--One hundred eighty-eight e u g e b l e e h thousand dollars ($188,000) is appropriated from the general n d d i = = o h fund to the legislative finance committee for expenditure in l ] b ,d i a º e fiscal year 2021 to assist the committee in evaluating tax r i = r t e w d m a n o expenditures and other economic development incentives.
Any d m :
b e d s º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k m e - 17 - e a n e d r e l u [ A d unexpended or unencumbered balance remaining at the end of fiscal year 2021 shall revert to the general fund.»SFC SECTION SFCº10»SFC SFCº9»SFC.
- 17 - 5 7 9 11 13 15 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .217546.7
- 18 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
b r e t º o t n = .215948.2AIC February 13, 2020 (4:00pm) s k em e - 18 - e a n e d r e l u [ A d
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Action History

  1. action postponed indefinitely

  2. Sent to House Appropriations & Finance Committee

  3. passed Senate

  4. floor substitute adopted

  5. DO PASS, as amended, committee report adopted

  6. DO PASS committee report adopted

  7. germane

  8. Sent to Senate Committees' Committee & Senate Judiciary Committee & Senate Finance Committee

  9. Sent to Senate Pre-file

Sponsors

  • Bill Tallman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

  • Tallman, Bill

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation
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Frequently asked questions

Who sponsors SB 52?
SB 52 is sponsored by Tallman, Bill.
What is the current status of SB 52?
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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