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Thursday, January 22, 2009
Voters May Decide School Tax Hike
By Dan Boyd
Journal Capitol Bureau
SANTA FE — New Mexico voters could decide in November 2010, or sooner, whether to impose a special tax increase on themselves to step up the money flow to public schools.
And, if Gov. Bill Richardson has his way, the tax would be increased by amending the state's constitution.
November 2010 would be the earliest a constitutional amendment question on whether to change how the state funds public education could be placed on a general election ballot, though a special election could also be held.
First, however, lawmakers have to weigh the question of whether they want to increase the state's gross receipts tax to the tune of $380 million annually in the midst of an ongoing economic recession.
The Legislature could decide to impose the 1-cent increase in the tax — which currently ranges from 5.4 percent to 8.4 percent around the state, and is sometimes called a sales tax — but Richardson thinks voters should decide.
Sen. Kent Cravens, R-Albuquerque, said he favors letting voters decide the issue, but he added, "I feel like they'll probably say no."
"Any time you put something to the voters, I think it's a good idea," Cravens said Wednesday. "For the Legislature to take it on itself to tax people when we're already questioning the effectiveness of the education system ... that's a lot of money."
New Mexico lacks a so-called positive referendum process to put tax questions, or other initiatives, on the ballot, though citizens can petition for negative referendums to strike down unpopular laws.
The set-up leaves few options for supporters of public school funding formula changes.
Richardson has said he supports increasing public school funding with the approval of voters but hasn't said whether he favors the 1-cent increase advocated by educator groups as a solution to underfunded schools.
"The governor will be working with lawmakers to find a way to send the issue to voters, possibly even through a constitutional amendment," Richardson spokeswoman Alarie Ray-Garcia said Tuesday.
For a constitutional amendment to be placed before voters, members of both houses of the Legislature would have to approve a joint resolution.
"I can't imagine (using a constitutional amendment), but it's possible I suppose," said Rep. Danice Picraux, D-Albuquerque. "We do not have referendum for regular laws."
New Mexicans voted on five constitutional amendments last fall — four of them passed — but none of them dealt with tax increases. Veteran lawmakers say they're not sure if they want to start a new precedent.
"I've never seen anything put on the Constitution quite like that," said Senate Minority Leader Stuart Ingle, R-Portales.
"We typically haven't done that for appropriations in the past," Cravens said.
Though rare, other states have proposed, and passed, tax increases through amendments to their constitutions.
In Minnesota, for example, voters approved an amendment last November raising the state's sales tax by 0.375 percent to raise money for natural resource protection and cultural heritage programs.
A 2007 study found New Mexico underfunds public education by about $350 million. The increased funding proposal would tweak the public school funding formula by placing more of an emphasis on growing school districts and those with at-risk students.
If a new funding formula isn't approved, said Rep. Mimi Stewart, D-Albuquerque, the state could face lawsuits for failing to meet its constitutional obligation to school districts.
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