0001| HOUSE JOINT MEMORIAL 1 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL | 0003| SESSION, 1996 | 0004| INTRODUCED BY | 0005| JAMES ROGER MADALENA | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| A JOINT MEMORIAL | 0012| REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO ASSIGN TO AN | 0013| INTERIM COMMITTEE THE TASK OF STUDYING THE GASOLINE TAX AND | 0014| SPECIAL FUELS TAX AND RECOMMENDING AMENDMENTS THAT WILL BENEFIT | 0015| BOTH THE STATE AND THE TRIBES. | 0016| | 0017| WHEREAS, the taxation and revenue department has determined | 0018| that there are flaws in the way the Gasoline Tax Act and the | 0019| Special Fuels Supplier Tax Act are written that could | 0020| potentially eliminate all gasoline and special fuels taxes paid | 0021| to the state; and | 0022| WHEREAS, testimony was given by the taxation and revenue | 0023| department to the revenue stabilization and tax policy committee | 0024| during the 1995 interim regarding these perceived flaws; and | 0025| WHEREAS, the above-stated consequences of the flaws could | 0001| occur if all gasoline and special fuels were exempt from state | 0002| taxation; and | 0003| WHEREAS, the revenue stabilization and tax policy committee | 0004| neither received nor requested other testimony about the problem | 0005| from parties who would be affected by the amendments proposed by | 0006| the taxation and revenue department, specifically, the Indian | 0007| nations, tribes and pueblos in this state; and | 0008| WHEREAS, Indian nations, tribes and pueblos in the state | 0009| are seeking avenues for economic development; and | 0010| WHEREAS, the legislature has recognized that gasoline | 0011| prices in New Mexico are among the highest in the United States, | 0012| even though oil is produced and refined in New Mexico; and | 0013| WHEREAS, the people of the state could benefit from | 0014| increased gasoline price competition; and | 0015| WHEREAS, no legislative committee has sought to find the | 0016| best solution for resolving the flaw in the Gasoline Tax Act and | 0017| the Special Fuels Supplier Tax Act; and | 0018| WHEREAS, both the state and the tribes need to find a | 0019| solution that will provide mutual benefits; | 0020| NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE | 0021| STATE OF NEW MEXICO that the New Mexico legislative council | 0022| assign the duty to identify the potential losses that are likely | 0023| to be incurred by the state as a result of the existing Gasoline | 0024| Tax Act and Special Fuels Supplier Tax Act, the effect that | 0025| lower gasoline prices at tribal gas stations would have on | 0001| gasoline prices in their immediate area and statewide and the | 0002| potential changes in the Gasoline Tax Act and Special Fuels | 0003| Supplier Tax Act that will be fair and beneficial to both the | 0004| state and the Indian nations, tribes or pueblos as well as the | 0005| consumers of the state; and | 0006| BE IT FURTHER RESOLVED that the appropriate interim | 0007| committee provide suggested legislation or other solutions to | 0008| the gasoline and special fuels tax questions to the first | 0009| session of the forty-third legislature; and | 0010| BE IT FURTHER RESOLVED that copies of this memorial be | 0011| distributed to the New Mexico legislative council, the governor, | 0012| the secretary of taxation and revenue and the Indian nations, | 0013| tribes and pueblos located in New Mexico. | 0014| - 3 - State of New Mexico | 0015| House of Representatives | 0016| | 0017| FORTY-SECOND LEGISLATURE | 0018| FIRST SPECIAL SESSION, 1996 | 0019| | 0020| March 20, 1996 | 0021| | 0022| | 0023| Mr. Speaker: | 0024| | 0025| Your RULES AND ORDER OF BUSINESS COMMITTEE, to | 0001| whom has been referred | 0002| | 0003| HOUSE JOINT MEMORIAL 1 | 0004| | 0005| has had it under consideration and finds same to be | 0006| GERMANE in accordance with constitutional provisions. | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| | 0013| Barbara A. Perea Casey, | 0014| Chairwoman | 0015| | 0016| | 0017| Adopted Not Adopted | 0018| | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| Date | 0022| | 0023| The roll call vote was 8 For 0 Against | 0024| Yes: 8 | 0025| Excused: Gubbels, Pederson, Picraux, Ryan, RG Sanchez, JG | 0001| Taylor, | 0002| SM Williams | 0003| Absent: None | 0004| | 0005| HJ001RC1 State of New Mexico | 0006| House of Representatives | 0007| | 0008| FORTY-SECOND LEGISLATURE | 0009| FIRST SPECIAL SESSION, 1996 | 0010| | 0011| | 0012| March 21, 1996 | 0013| | 0014| | 0015| Mr. Speaker: | 0016| | 0017| Your TAXATION AND REVENUE COMMITTEE, to whom has | 0018| been referred | 0019| | 0020| HOUSE JOINT MEMORIAL 1 | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO PASS, amended as follows: | 0024| | 0025| 1. On page 2, strike all of lines 2 through 6., | 0001| | 0002| and thence referred to the APPROPRIATIONS AND FINANCE | 0003| COMMITTEE. | 0004| | 0005| Respectfully submitted, | 0006| | 0007| | 0008| | 0009| | 0010| Jerry W. Sandel, Chairman | 0011| | 0012| | 0013| Adopted Not Adopted | 0014| | 0015| (Chief Clerk) (Chief Clerk) | 0016| | 0017| Date | 0018| | 0019| The roll call vote was 12 For 0 Against | 0020| Yes: 12 | 0021| Excused: None | 0022| Absent: Crook | 0023| | 0024| | 0025| | 0001| HJ001TR1 State of New Mexico | 0002| House of Representatives | 0003| | 0004| FORTY-SECOND LEGISLATURE | 0005| FIRST SPECIAL SESSION, 1996 | 0006| | 0007| | 0008| March 22, 1996 | 0009| | 0010| | 0011| Mr. Speaker: | 0012| | 0013| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0014| whom has been referred | 0015| | 0016| HOUSE JOINT MEMORIAL 1, as amended | 0017| | 0018| has had it under consideration and reports same with | 0019| recommendation that it DO PASS, amended as follows: | 0020| | 0021| 1. On page 3, between lines 8 and 9, insert the following: | 0022| | 0023| "BE IT FURTHER RESOLVED that the committee give special | 0024| attention to the issue of tribal sovereignty, including increasing | 0025| public awareness of sovereignty and intergovernmental | 0001| relationships; and". | 0002| | 0003| Respectfully submitted, | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| Max Coll, Chairman | 0010| | 0011| | 0012| Adopted Not Adopted | 0013| | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| Date | 0017| | 0018| The roll call vote was 16 For 0 Against | 0019| Yes: 16 | 0020| Excused: Gentry, Martinez | 0021| Absent: None | 0022| | 0023| | 0024| | 0025| HJ001AF1 |