NM center on law and poverty
 

NM Center on Law and Poverty

2005 Legislative Agenda (as of 2/22/05)

 

Priority one issues

  1. Fully fund Medicaid – to maintain the program such that no cuts to services or program eligibility are made.  Cost: HSD says $88.7 million w/o State Coverage Initiative. LFC says $83.6 million w/o SCI.
    1. SB21 (Feldman) & HB171 (Madalena) appropriate $92 million.
  2. Fully fund the NMW Program - Meet a $25M shortfall via the general fund.

Cost: HSD says: $37.3 million.

    1. SB149 (Lopez) appropriates $25 from the General Fund to meet the shortfall.
    2. If cuts are made, fully fund core programs first (those specific to TANF eligibles).
    3. After funding core programs, fund support services, preferably removing them from the TANF budget and funding them via the general fund.
  1. Pass a Public Service Lawyers Loan Repayment Assistance Program SB 258 (M. Sanchez)
    1. One of the reasons that attorneys are disinclined to enter public service is that they cannot earn enough in these jobs to pay off their education debt. This bill offers small amounts of loan repayment assistance to some attorneys who work in the public service for at least three years.  Cost: $200,000 - $500,000.
  2. Reduce Predatory Lending
    1. Pass the Consumer Loan Act, SB200 (B. Sanchez) and HB 372 (Stewart) which cap the interest rates charged by payday lenders, auto title lenders and tax refund lenders to 36% APR, and require consumer lenders to be licensed and regulated by the Financial Institutions Division. Currently, NM does not limit interest, leaving some lenders to take advantage of people without access to market interest rates. These lenders often charge between 300% and 700% APR.  
    2. Oppose weaker, alternative legislation.
    3. Oppose attempts to weaken The Home Loan Protection Act.  The law is under attack from the industry again.
  3. Maintain the General Assistance Program
    1. The General Assistance program provides small cash subsidies primarily to some very low-income people: severely disabled people, some immigrants who are not eligible for federal assistance and unrelated caretakers.  Much of its budget is reimbursed by Social Security.
    2. Maintain current funding at least.  Cost: TBD.
  1. Pass the Clean Slate Act, providing for expungement of certain misdemeanor records. SB 646 (Martinez)
    1. Introduce and pass legislation that allows individuals to expunge their records of misdemeanors (except those involving crimes against children, domestic violence crimes or sex crimes) if they meet certain conditions, including no other convictions for the two years after the date of conviction for the misdemeanor.
    2. A criminal record makes it more difficult to obtain jobs, housing and certain financial services, and thereby more difficult to escape poverty.  People should be allowed to wipe their slate clean of minor crimes unless they are habitual repeat offenders.
  2. Provide for a more uniform method of determining eligibility under income tests for court services, benefits or status  SB 618 (Martinez)
    1. Insert a definition of indigence into the two main statutes through which courtroom services, benefits or status are conferred regarding district, magistrate and metro court free process.
    2. 60-75% of the legal needs of low income households in New Mexico are not being met, but not by public policy choice. There is an array of legal services that are free to the indigent, but each court or agency makes its own ad hoc determination of indigence, creating confusion and unfairness.
  3. Notification of eligibility for Food Stamps HB 562 (MP Garcia)
        a.   The Taxation and Revenue Department will notify taxpayers whose income is within
              one hundred thirty percent of federal poverty guidelines that the taxpayer may be
              eligible for  Food Stamps.

 

Priority two issues

  1. Pass the NM Day Labor Act HB 672 (A. Lujan)
    1. Prohibits ‘labor brokers’ from charging fees that bring day laborers’ pay below minimum wage, or fees for cashing checks that they issue.  Prohibits them from interfering with offers of employment made to day laborers by contractors who use them.  Raises the fine for failing to pay day laborers from $250 to $2,500 for second and subsequent offenses.
  2. Conditional support of the State Coverage Initiative SB 782
    1. We will support SCI if Medicaid is fully funded, and oppose it otherwise.
    2. SCI provides a government subsidy to employers who offer a basic health insurance plan to their currently uninsured low-income employees.  Cost: $3,000,000 to $5,000,000.
  3. Restore eligibility for childcare assistance to working families whose income is less than 200% of the federal poverty level. SB 324 (Lopez) and HB 370 (King)
    1. The state gives small subsidies to very low-income working families to help them keep working while paying for childcare. In 2001, eligibility for childcare assistance was reduced from 200% FPL to 100% FPL. Governor Richardson promised to restore eligibility to 200%, but has only raised it to150% FPL. Thousands of very low-income working families with small children are struggling to continue working while paying for childcare. Cost: $10,000,000.
  4. Establish a state Housing Trust Fund - SB115 (N. Rodriguez) and HB 409 (B. Lijan)
    1. The fund’s principle would remain untouched, while the interest earnings would be used to help low-income families buy a house. The fund’s earnings can be targeted to meet individual community needs and be leveraged to bring additional public and private resources into affordable housing initiatives. Cost of the state's investment: $10,000,000 from capital outlay funds..
  5. Protect funding for programs assisting homeless people
    1. Increase the annual appropriation for programs and services for homeless persons by $150,000 via HB 191 (Cordova) and SB 88 (Papen) or at the very least, maintain it at $950,000 per year. 
    1. These monies go to operating expenses of shelter programs and provide services such as case management, counseling, and homeless prevention rent assistance. 
  1. Halt or delay further implementation of the 2003 state personal income tax cuts SB 469 (Lopez)
    1. The wealthiest 1% of New Mexican taxpayers received over $13,000 a year in lower taxes. 65% of taxpayers—those earning the least—received $0. Stopping the tax cuts would save $250,000,000 in state revenues over the next three years.
  2. Fund the state Individual Development Account (IDA) program SB 756 (Martinez)
    1. IDA’s are savings accounts for very low-income people that help them build assets. Deposits are matched by federal and state government and sometimes by foundations. Money cannot be withdrawn from the accounts except for use in purchasing a home, paying for education, and a few other such uses. Cost: $1.5 million
  3. Enact the NM Health Care Act SB 636 (Cisneros) and HB 746 (Varela)

    1. Provides for a study by the Legislative Finance Committee to review financing options of a specific universal health care coverage system.  After the study, the LFC will recommend a financing option to the legislature. If the legislature approves it, implementation of the system proceeds.  The universal health care system will:  a) pool public and private dollars into a single fund, b) provide benefits comparable to those provided to State employees and c) preserve the private delivery system and guarantees private choice of physicians, and d) greatly reduce health care administrative costs.

  4. Increase funding for the Public Defender Department SB 512 (M. Sanchez), SB 865 (M. Sanchez) and HB 408 (Swisstack)
       a.   Support all legislation that seeks an increase in the appropriation for the public
             defender department and oppose any attempts to increase the funding disparity
             between the public defenders and district attorneys.  

   10.  Increase the minimum Food Stamp benefit for seniors: From $10 per mo. to $25
           per mo.
              a. SB112 (Altamirano) & HB235 (B. Lujan) - Only about half the elderly or disabled     

                  households in New Mexico who qualify for Food Stamps receive them. HSD has    

                  determined that some seniors have not applied because the effort required to get   

                  help outweighs the help provided – on average, a mere $13 per month.  Increasing     

                  benefits could help feed almost 10,000 people.  Cost: $1.6 million.

 

The Center on Law and Poverty will support and oppose other bills that are introduced during the legislative session; however, those noted above will receive the greater part of our attention.

For further information, please call us at 255-2840