Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L    I M P A C T    R E P O R T

 

 

 

SPONSOR

Campos

DATE TYPED

2/17/04

HB

361/aHFl#1

 

SHORT TITLE

Military Base Retention

SB

 

 

 

ANALYST

Collard

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

See Narrative

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

 

 

See Narrative

 

 

(Parenthesis ( ) Indicate Revenue Decreases)

 

Relates to SB 333, SB 217 and SB 278

 

SOURCES OF INFORMATION

LFC Files

 

Responses Received From

Economic Development Department

Taxation and Revenue Department

 

SUMMARY

 

      Synopsis of HFl Amendment #1

 

The House Floor Amendment #1 to House Bill 361 strikes the appropriation of $400 thousand.

 

Synopsis of Original Bill

 

House Bill 361 appropriates $400 thousand from the general fund to the Economic Development Department for the purpose of administering and operating the Office of Military Base Planning and Support.  Additionally, the bill moves the policy and administration arm of the office from the Economic Development Department to the governor’s Office of Homeland Security.  The bill also exempts the office from the open meetings act when relocation of military units is discussed or information is obtained pertaining to office strategies.  The bill also proposes a new section of the gross receipts and compensating tax act is enacted to create a deduction for test articles.  Finally, the bill contains an emergency clause.

 

Significant Issues

 

The Economic Development Department indicates the proposed legislation contains the provision for deducting the value of “test articles” which are used for research and testing in the performance of contracts with the Department of Defense in computing the compensating tax due.  The proposed legislation defines “test articles.” The legislation does not include research and testing by the national laboratories, but is designed to apply to the Department of Defense (DOD) Research and Development facilities located on New Mexico’s military installations:  Holloman AFB, the 46th Test Group; Kirtland AFB, the Air Force Operational Test and Evaluation Center, the Air Force Research Laboratory (two directorates—Directed Energy and Space Vehicles), and Space and Missile Systems Center Det 12; and White Sands Missile Range, including numerous “tenant” organizations with similar research and development missions. 

 

·      The purpose of including this compensating tax revision is to increase “business” at New Mexico’s military installations.  In the past, DOD traditionally owned the military systems used in research and development programs.  Currently, contractors retain ownership through the research and development phases of the acquisition process.  DOD made these changes to provide an incentive for contractors to perform well.  The state needs to recognize these changes by positioning New Mexico’s military research and development entities in a more competitive posture.

·      Currently, New Mexico’s three military research and development         installations compete for customers which consist of contractors developing future military systems.  White Sands Missile Range (WSMR) is funded partially on a reimbursable basis, with the total financial posture, and thereby numbers of personnel, of the installation based on the workload performed by the various activities.

·      Senior military engineers and project managers have stated that New Mexico compensating taxes are considered to be an adverse factor when considering testing of systems in New Mexico.

 

FISCAL IMPLICATIONS

 

The appropriation of $400 thousand contained in this bill is a non-recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of FY05 shall revert to the general fund.


TRD indicates that it is uncertain that this bill will have fiscal impact on general fund revenues.  Their report indicated a possible non-recurring impact of $160 thousand, but they also noted that both the magnitude and timing related to the potential revenue loss are uncertain.  The estimated loss is based on the observation that the state occasionally receives compensating tax on privately owned test articles. They also note that there is a potentially positive impact that could result should the bill result in new investment and additional employment.  Given that the potential, immediate fiscal impact is small, uncertain, non-recurring and is counterbalanced by possible economic development benefits, no fiscal impact is shown for this bill. 

 

It should be noted there is a special appropriation of $250 thousand in Section 5 the General Appropriation Act.  Additionally, there is $150 thousand in Section 4 in the Technology and Space Commercialization Program of the Economic Development Department (EDD).

 

EDD notes the bill provides continuing funding for the Office and for the Commission, which includes travel and a modest level of administrative support, it includes money for an evaluation of New Mexico’s military installations as compared to the published Department of Defense Base Realignment and Closure Criteria which were published (draft) in December 2002 and will be finalized during February.  It will also include money for support of the various communities.

 

RELATIONSHIP

 

House Bill 361 is similar, but broader, than Senate Bill 217 and House Bill 278, and Senate Bill 333.

 

OTHER SUBSTANTIVE ISSUES

 

EDD notes the Secretary of Defense has announced a Base Closure and Realignment round in 2005, and the New Mexico Military Base Planning Commission, supported by the Office of Military Base Planning and Support, has undertaken several initiatives to support New Mexico’s military installations.  This proposed legislation supports all four of our bases in a general manner, and it provides specific support for the research and development activities at Holloman AFB, Kirtland AFB, and WSMR.  During the forthcoming closure and realignment process, which actually commenced during the fall of 2002, it is essential that New Mexico be viewed as encouraging the growth of military research and development activities.

 

TRD notes this deduction is intended to help attract defense system testing contracts—including major portions of the Future Combat System and Advanced Tactical Laser Weapons System programs—WSMR.  According to industry representatives, WSMR is one of several test facilities nationwide with the capacity to handle the testing. 

 

Additionally, according to the Federal Procurement Data Center, New Mexico ranked third in per capita federal procurement by place of performance in fiscal year 2002. 

 

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