Nuclear Security & Deterrence Monitor Vol. 22 No. 07
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Nuclear Security & Deterrence Monitor
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February 16, 2018

NM Legislature Approves Bill to Tax Nonprofit National Lab Operators

By Dan Leone

The New Mexico Legislature has approved a bill that would, if signed into law, force nonprofit operators of U.S. Department of Energy national laboratories in the state to pay a gross receipts tax.

Senate Bill 17 cruised through the legislature with little opposition this session, culminating with a 48-19 vote in the state’s House of Representatives Tuesday that sends the bill to Gov. Susana Martinez (R) to sign.

A Martinez spokesperson would not comment this week about whether the governor planned to sign the bill, but said Martinez has until March 7 to approve or veto the measure.

A gross receipts tax is essentially a tax on revenue that nonprofits in New Mexico do not currently have to pay. Local interest groups worry that if a nonprofit wins the next 10-year contract to operate the Los Alamos National Laboratory, the state could lose out on $25 million to $30 million in taxes now paid annually by for-profit incumbent Los Alamos National Security (LANS).

The Energy Department expects to award the next Los Alamos management contract in April or May. A number of universities are known or rumored to be pursuing the follow-on contract, though the details or their potential teaming arrangements are largely unknown.

The only other DOE national lab in New Mexico, Sandia National Laboratories, is managed by a for-profit subsidiary of Honeywell.

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