[Nmtriblibs] FW: NMLA 2023 Legislative Bulletin #10

[Moore, Patricia, DCA]

Forwarded on behalf of Joe Sabatini…


From: Joe Sabatini <jsabatini423 at gmail.com>
Sent: Friday, February 17, 2023 9:59 PM
Subject: [EXTERNAL] NMLA 2023 Legislative Bulletin #10

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NMLA 2023 Legislative Bulletin #10                                 February 17, 2023

BILLS INTRODUCED

HB 505, the Capital Outlay Projects bill, was introduced by Rep. Derrick Lente. As presented, it is incomplete, with only a hundred projects listed. At some point, many additional projects will be selected to be included, and HB 505 will start to be heard in committees and on the floor.

There are two library projects already in HB 505.

SECTION 12. HIGHER EDUCATION DEPARTMENT PROJECTS—GENERAL FUND.

4. one million one hundred twenty-five thousand dollars ($1,125,000) to plan, design, construct and equip infrastructure upgrades, including replacement of the heating, ventilation and air conditioning systems, at the Bob Moran hall and Pannell library at New Mexico junior college in Hobbs in Lea county.

SECTION 28. UNIVERSITY OF NEW MEXICO PROJECTS--GENERAL
FUND.
4. two million eight hundred fifty thousand dollars ($2,850,000) to plan, design, construct, renovate and equip the library at the health sciences center at the university of New Mexico in Albuquerque in Bernalillo county.

The text of the bill is at: https://www.nmlegis.gov/Sessions/23%20Regular/bills/house/HB0505.pdf


COMMITTEE HEARINGS

Senate Bill 147, Tax Changes by Senator Benny Shendo and Representative Jason Harper. This is a 63 page bill prepared by the New Mexico Department of Taxation and Revenue to address various tax law issues. One section applies to removing the gross receipts tax on digital products, such as library ebooks and audiobooks, loaned to the public. See the applicable text below.

On Thursday afternoon the Senate Tax, Business & Transportation Committee heard SB 147.  During the public testimony, New Mexico Municipal League Lobbyist Janice Peacock states the League's support for the bill, and specifically for the removal of the gross receipts tax on public library purchases of digital products loaned to patrons.

The webcast is at:
https://sg001-harmony.sliq.net/00293/Harmony/en/PowerBrowser/PowerBrowserV2/20230217/-1/71922
 starting at 5:43:45 pm. Ms. Peacock's remarks are at 5:59:45 pm.
The Committee held the bill over to make some technical changes. It will be heard again on Saturday afternoon, and SB 147 is first on the agenda.

Senate Tax, Business & Transportation Committee
Saturday, February 18, 2023 - 1:00 pm - Room 321
*SB 147                TAX CHANGES   Shendo

Committee Members
Senator        Benny Shendo, Jr.  22      D       Chair
Senator        Carrie Hamblen               38      D       Vice Chair
Senator        Gay G. Kernan                42      R       Ranking Member
Senator        Craig W. Brandt              40      R       Member
Senator        Ron Griggs                    34      R       Member
Senator        Leo Jaramillo                  5        D       Member
Senator        Linda M. Lopez               11      D       Member
Senator        Joshua A. Sanchez 30      R       Member
Senator        Bill Tallman          18      D       Member
Senator        Peter Wirth            25      D       Member

Meeting May be viewed via Webcast at www.nmlegis.gov<http://www.nmlegis.gov> (click on the webcast tab and select Senate Tax, Business & Transportation Committee).

For public participation, click on the link
https://us02web.zoom.us/j/85614440294,
or by telephone 1.669.900.9128;
meeting ID 85614440294.

To provide written comments or to register to speak using Zoom, please
email STBTC.Zoom at nmlegis.gov<mailto:STBTC.Zoom at nmlegis.gov>


SJR 9 Anti Donation Clause, was heard in the Senate Rules Committee today. This is a constitutional amendment which removes the prohibition on direct government contracts for services from providers for

a.      Disaster relief

b.     Community well-being

c.      Payments to individuals as part of a governmental program


If this were to be passed by voters, the Legislature must then enact legislation to regulate how it would be administered. It is of particular interest to public libraries serving unincorporated communities as non-profit organizations and receiving funds through the Rural Libraries Endowment.

The webcast is at https://sg001-harmony.sliq.net/00293/Harmony/en/PowerBrowser/PowerBrowserV2/20230218/-1/71931
Discussion of SJR 9 begins at 9:54 am. There is extended discussion by committee members and two amendments are passed. The Committee gives it a do-pass recommendation on a 4-2 vote. The bill now goes to the Senate Finance Committee. Chairman Duhigg asks Senator Ortiz y Pino to redraft the first paragraph and request an amendment at the Finance Committee. The Committee acts on the amendment and the bill starting at 10:48.

Joe Sabatini, Co-Chair
NMLA Legislation Committee


SENATE BILL 147
56TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2023
INTRODUCED BY Benny Shendo, Jr. And Jason C. Harper

p. 37

SECTION 14. Section 7-9-54 NMSA 1978 (being Laws 1969,
Chapter 144, Section 44, as amended) is amended to read:
"7-9-54. DEDUCTION--GROSS RECEIPTS TAX--GOVERNMENTAL
GROSS RECEIPTS TAX--SALES TO GOVERNMENTAL AGENCIES. --

A.   Receipts from selling tangible personal property, or from selling licenses to use digital goods for the purpose of loaning those digital goods to the public, to the United States or to New Mexico or a governmental unit, subdivision, agency, department or instrumentality thereof may be deducted from gross receipts or from governmental gross receipts. Unless contrary to federal law, the deduction provided by this subsection does not apply to:  ....

p. 38

B. Receipts from selling tangible personal property, or from selling licenses to use digital goods for the purpose of loaning those digital goods to the public, for any purpose to an Indian tribe, nation or pueblo or a governmental unit, subdivision, agency, department or instrumentality thereof for use on Indian reservations or pueblo grants may be deducted from gross receipts or from governmental gross receipts.
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