FIFTY-THIRD LEGISLATURESB 376/a
FIRST SESSION, 2017
March 14, 2017
Mr. President:
Your FINANCE COMMITTEE, to whom has been referred
SENATE BILL 376
has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:
1. On page 1, line 13, after "DEPARTMENT", insert "; REPEALING LAWS 2009, CHAPTER 242, SECTION 2, WHICH CONFLICTS WITH SECTION 7-1-8.8 NMSA 1978 (BEING LAWS 2009, CHAPTER 243, SECTION 10, AS AMENDED)".
2. On page 1, between lines 15 and 16, insert the following new section:
"SECTION 1. Section 7-1-8.8 NMSA 1978 (being Laws 2009, Chapter 243, Section 10, as amended) is amended to read:
"7-1-8.8. INFORMATION THAT MAY BE REVEALED TO OTHER STATE AGENCIES.--An employee of the department may reveal to:
A. a committee of the legislature for a valid legislative purpose, return information concerning any tax or fee imposed pursuant to the Cigarette Tax Act;
B. the attorney general, return information acquired pursuant to the Cigarette Tax Act for purposes of Section 6-4-13 NMSA 1978 and the master settlement agreement defined in Section 6-4-12 NMSA 1978;
C. the commissioner of public lands, return information for use in auditing that pertains to rentals, royalties, fees and other payments due the state under land sale, land lease or other land use contracts;
D. the secretary of human services or the secretary's delegate:
(1) under a written agreement with the department, the last known address with date of all names certified to the department as being absent parents of children receiving public financial assistance, but only for the purpose of enforcing the support liability of the absent parents by the child support enforcement division or any successor organizational unit; and
(2) the following; provided that a person who receives the confidential information on behalf of the human services department shall not reveal the information and shall be subject to the penalties in Section 7-1-76 NMSA 1978 if the person fails to maintain the confidentiality required:
(a) information needed for reports required to be made to the federal government concerning the use of federal funds for low-income working families; and
(b) the names and addresses of low-income taxpayers for the limited purpose of outreach to those taxpayers; provided that the human services department shall pay the department for expenses incurred by the department to derive the information requested by the human services department if the information requested is not readily available in reports for which the department's information systems are programmed;
E. the department of information technology, by electronic media, a database updated quarterly that contains the names, addresses, county of address and taxpayer identification numbers of New Mexico personal income tax filers, but only for the purpose of producing the random jury list for the selection of petit or grand jurors for the state courts pursuant to Section 38-5-3 NMSA 1978;
F. the state courts, the random jury lists produced by the department of information technology under Subsection E of this section;
G. the director of the New Mexico department of agriculture or the director's authorized representative, upon request of the director or representative, the names and addresses of all gasoline or special fuel distributors, wholesalers and retailers;
H. the public regulation commission, return information with respect to the Corporate Income and Franchise Tax Act required to enable the commission to carry out its duties;
I. the state racing commission, return information with respect to the state, municipal and county gross receipts taxes paid by racetracks;
J. the gaming control board, tax returns of license applicants and their affiliates as provided in Subsection E of Section 60-2E-14 NMSA 1978;
K. the director of the workers' compensation administration or to the director's representatives authorized for this purpose, return information to facilitate the identification of taxpayers that are delinquent or noncompliant in payment of fees required by Section 52-1-9.1 or 52-5-19 NMSA 1978;
L. the secretary of workforce solutions or the secretary's delegate, return information for use in enforcement of unemployment insurance collections pursuant to the terms of a written reciprocal agreement entered into by the department with the secretary of workforce solutions for exchange of information; [and]
M. the New Mexico finance authority, information with respect to the amount of municipal and county gross receipts taxes collected by municipalities and counties pursuant to any local option municipal or county gross receipts taxes imposed, and information with respect to the amount of governmental gross receipts taxes paid by every agency, institution, instrumentality or political subdivision of the state pursuant to Section 7-9-4.3 NMSA 1978; and
N. the office of superintendent of insurance, information concerning the premium tax and the health insurance premium surtax."".
3. Renumber the succeeding sections accordingly.
4. On page 2, line 10, strike "57A" and insert in lieu thereof "59A".
5. On page 9, between lines 2 and 3, insert the following new section:
"SECTION 7. REPEAL.--Laws 2009, Chapter 242, Section 2 is repealed.".
6. Renumber the succeeding sections accordingly.
___________________________________
John Arthur Smith, Chairman
Adopted_______________________ Not Adopted_______________________
(Chief Clerk) (Chief Clerk)
Date ________________________
The roll call vote was 12 For 0 Against
Yes: 12
No: 0
Excused: None
Absent: None
SB0376FC1.wpd .208424A.1