Ruidoso Free Press
B8
January 8, 2013
LEGISLATURE from pg. A1
Gov. Martinez seeks $40 million for economic development Gov. Susana Martinez announced her proposal to bring jobs to New Mexico that includes corporate tax cuts, ramped up funding for job training and capital outlay projects during a legislative preview speech Jan. 3 at a Greater Albuquerque Chamber of Commerce luncheon at the Hotel AlGov. Martinez buquerque. Martinez plans to ask the Legislature for $40 million in economic development incentives to help small businesses but cautioned, “We must balance incentives with oversight,” Martinez said. New Mexico suffered the largest yearto-year jobs loss since September 2010 according to the New Mexico Department of Workforce Solutions. The state lost 4,800 jobs during 2012, making New Mexico the only state in a nine-state region with negative growth. “Until we focus on helping small businesses grow and attract large job creators, we will remain vulnerable to across the board cuts in Washington. It’s an addiction that, in the end, could cost New Mexico thousands of jobs,” she said.
Rep. James and Baldonado Assemble Legislation to Protect Children and Mothers ‘Bill Automatically Strips Rapist’s Parental Rights’
Representatives Conrad James (RBernalillo-HD24) and Alonzo Baldonado (R-Valencia-HD8) have pre-filed legislation, HB 38, which would annul the parental rights of any man convicted of a rape that results in pregnancy. “While I was knocking doors this summer, a constituent brought this issue to my attention. After doing some research, I confirmed that there are no protections of parental rights in state law for victims of rape in this particular situation. Several other states have such protections, and I
feel it is an important issue that needs to be addressed immediately,” said Representative James. “Since I am not returning to the legislature next year, I am pleased Rep. Baldonado is moving forward with this bill in the upcoming session.” “I believe that this is an important piece of legislation that will protect women and children who are victims of rape and legally safeguard their rights,” said Baldonado, who recently pre-filed the legislation. “As legislators it is our job to make New Mexico safer for our families and future generations. We must ensure that children are not exposed to violent criminals and that true justice is served in our state.”
Republicans drop fight for voter ID Two New Mexico legislators are scrapping proposed legislation that would require photo identification or a Social Security number to vote. Due to a strengthened democratic opposition in the House of Representatives, Republicans Dianne Hamilton and Cathrynn Brown realize they simply don’t have the votes. Brown, of Carlsbad, introduced two bills that failed in each of the past two sessions requiring government-issued photo ID to vote. Hamilton, of Silver City, also sponsored four failed voter identification bills.
Mandatory drug dealer registration legislation proposed If sex offenders are required to register with local or state governments, State Rep. Cathrynn Brown from Carlsbad is proposing that convicted drug dealers register as well. Brown is targeting felony drug offenders in the proposed legislation. Much like sex offender registries, the public will be able to research a specific database. Most conviction information is already public record but is name, specific conviction or address based. The U.S. Department of Justice, determined sex offenders were unsuccessful in claiming constitutional violations and equal protection under the law which will likely pave the way for the mandatory registration requirement for convicted felony drug dealers.
Proposed gun control bill to close gun show loophole State Rep. Miguel Garcia (D-Albuquerque) announced he will be introducing a gun control bill targeting private sales at New
of aerospace technology and free enterprise being beneficial statewide. Veteran State representative Zach Cook gave the Ruidoso Free Press a sneak peak at the baseline of what is considered a long session. “Economic development and education are very important core session objectives to Lincoln County and the State of New Mexico this year. Those topics may sound boring but both are key components to New Mexico’s fiscal health,” Cook said. The New Department of Workforce Solutions reported that the state lost 4,800 jobs in 2012, making it the only state in a nine-state region that had negative growth during the year. According to a University of New Mexico study, about 20,000-plus jobs plus could be lost in the form of defense cuts and contractor positions. Economic leaders say this is the time to try and come up with ways to bring more jobs to New Mexico and maybe offset any potential loss that may come at the federal level. In the wake of the Connecticut and Aurora Colorado movie theater shootings, gun control advocates in legislation will be introducing new gun regulation laws but face the unlikelihood of passing such legislation due to a strong sentiment for the rights of law-abiding citizens to carry firearms, but would not support a bill allowing firearms on campuses, in state parks or in businesses serving hard liquor. “As a supporter of the Second Amendment (of the Constitution), I think we have a right to keep and bear arms,” said Cook.
Mexico gun shows. “Our Wild West days are over,” Rep. Garcia said in a release Jan. 04, detailing the proposed legislation named the Firearm Transfer Act, would require background checks at gun shows in addition to requiring background checks for everyone purchasing guns in private transactions. The law would target those who have felony records or have been adjudicated as mentally incompetent. During a Santa Fe Roundhouse news conference Garcia said, “This will help curb the flow of readily available guns and assault weapons.”
With new political redistricting lines set by the state Supreme Court earlier this year, Republican William Burt and Democrat Phil Griego will now represent Lincoln County in the Santa Fe Roundhouse. The Ruidoso Valley Chamber of Commerce (RVCC) board of directors and staff would like to encourage all chamber members and village businesses to join us in representing the voice of our community at the chamber’s annual “Lincoln County Day in Santa Fe” on Feb. 6. There will be a chamberhosted reception with legislators at 5 p.m. at The Inn & Spa at Loretto. Business leaders from Lincoln County, Ruidoso, Ruidoso Downs and Eastern New Mexico University-Ruidoso will be in attendance to address specific issues affecting local commerce and business and to initiate dialogue with respective legislators. The chamber’s top priority is to represent its membership by making their voices heard and to be certain the legislators recognize the needs of the village and county. The chamber has a block of rooms for Feb. 5 and 6 at the Inn & Spa at Loretto. The rate for rooms is $109 per night. To book a room at this rate, call the central reservation number 1-866-582-1646 and ask for the Ruidoso Valley Chamber of Commerce group rate. They have also created a website for our attendees to be able to book their reservations through Innatloretto.com. To sponsor the “Lincoln County Day in Santa Fe” or to make reservations to attend, please contact Becky at the Chamber at 575-257-7395.
The New Mexico Foundation for Open Government urges public officials to use official email accounts as the use of private email can make access to public records difficult. It has long been the understanding that a public record is a public record no matter where it is physically located-whether a report sits in a filing cabinet in the office or in an employee’s briefcase at home, for example. These days we all have fewer pieces of paper in filing cabinets and briefcases and more documents sitting in our laptops, phones-and in the cloud. But the principle of open government remains the same: to ensure, as the Inspection of Public Records Act states, “that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees.” So it is FOG’s position that: • If a document sitting in a public official’s desktop computer at work qualifies as a public record under the definition in IPRA, then it’s still a public record when it’s stored on that official’s personal laptop at home. Similarly, a document relating to public business that is sent or received by
email is subject to inspection under IPRA no matter what kind of account-official or private-is used. • This applies to everyone who creates public records in the course of doing public business, including public employees, volunteer members of boards and commissions, and elected officials of representative bodies such as state legislators, city councilors and school board members. • Just as records custodians are responsible for documents that may not be in the right filing cabinet, they are also responsible for public records held in private email accounts belonging to members of that body. Because storing public records in private email accounts can make it difficult for records custodians to access those records, and because records custodians’ conscientious efforts to retrieve public records from such accounts will inevitably impinge on public officials’ legitimate privacy interests, FOG strongly recommends that all emails related to public business are sent using official accounts. FOG is New Mexico’s leading voice for transparency in government. The FOG educates the public and public officials about sunshine laws, assist individuals who have been denied access to public records or meetings, and advocate for greater public access. FOG is an independent, nonpartisan, nonprofit member organization which has served New Mexico since 1990. To learn more, visit nmfog.org.
less exemption opportunities.
to 40 percent in 2013.
Exemptions and Deductions
Depreciation (“bonus”)
Individuals with AGI more than $250,000 and couples with AGI more than $300,000 should expect a phase out of the personal exemption of $3,800 and itemized deduction write-offs. Direction on the “Pease” provision was included in the fiscal deal (“Pease” is named after Congressman Don Pease (OH) who created an itemized deduction phase out in 1990). The itemized deduction phase out was avoided with the recession and Bush-era tax cuts. As clarified by the fiscal deal, the “Pease” provision will now eliminate up to 80 percent of deductibles for $300,000 AGI couples or $250,000 AGI individuals: including charitable donations and mortgage interest.
Businesses may deduct up to 50 percent of expenses (property and equipment), not including real estate for the 2013 tax year.
Access to public records involving email
Federal Tax Policy with Fiscal Cliff Updates CCIM Institute
Federal tax code has not substantially changed for over two decades. 2013 brings a new set of rules and guidelines for all U.S. tax payers. Keep in mind that filing for 2013, is not due until April 2014. Individuals, families and businesses across the board (not only higher-income individuals or households) will be to some degree, impacted by federal tax rate changes negotiated through the fiscal cliff deal.
Capital Gains/Carried Interest The capital gains/carried interest rate will increase to 20 percent for individuals with and adjusted gross income more than $400,000 and married couples with AGI more than $450,000. Individuals/couples below the $400,000/$450,000 AGI level will still pay 15 percent.
3.8 Percent Healthcare Tax Passed under the Affordable Care Act in 2010, the 3.8 percent healthcare tax
will affect some real estate transactions. Individuals with AGI more than $200,000 and married couples with AGI more than $250,000 may be subject to the 3.8 percent healthcare tax.
Payroll Tax In February last year, the payroll tax cut was extended until Dec. 31, 2012. Payroll tax includes Social Security payments that were cut to 4.2 percent instead of 6.2 percent. Without language included in the fiscal cliff deal, the payroll tax reverted back to the pre-recession level, 6.2 percent. It is estimated that the average worker will pay about $1,000 more in taxes annually, or about $42 per pay check.
Alternative Minimum Tax Under the fiscal cliff deal, the AMT received a permanent fix and will adjust for inflation. The AMT will be less burdensome on lower-income levels with more exemptions for credits or tax deductions whereas higher-income levels will receive
Estate and Gift Tax Estate or gift taxes will be taxed at or above the $5 million (per person) level but the tax rate will increase from 35 percent
Leasehold Improvements There is a 15-year straight-line cost recovery for qualified leasehold improvements on commercial properties that extends through 2013 and is retroactive for 2012.
Income Tax Rates
The greatest change will be for individuals with AGI over $400,000 and married couples with AGI over $450,000; a new tax rate of 39.6 percent applies to this income level. For incomes below, the Bush-era tax rates became permanent. On Jan. 3, 2013 the Internal Revenue Service released a guide on new federal tax rates; Updated Withholding Guidance for 2013.The fiscal cliff negotiations did not produce changes to federal tax policies on depreciation recapture or passive loss.