NM
New Mexico House Bill HB494

New Mexico 2025 Regular Session

New Mexico House Bill HB494 Compare Versions

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1-HB 494
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2+[bracketed material] = delete
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28+HOUSE BILL 494
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Alan T. Martinez
2848 AN ACT
2949 RELATING TO TAXATION; AMENDING CLAIMING EXEMPTIONS FOR
3050 VETERANS.
3151 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3252 SECTION 1. Section 7-38-17 NMSA 1978 (being Laws 1973,
3353 Chapter 258, Section 57, as amended) is amended to read:
34-"7-38-17. CLAIMING EXEMPTIONS--REQUIREMENTS--
35-PENALTIES.--
54+"7-38-17. CLAIMING EXEMPTIONS--REQUIREMENTS--PENALTIES.--
3655 A. Subject to the requirements of Subsection E of
3756 this section, head-of-family exemptions, veteran exemptions,
3857 disabled veteran exemptions or veterans' organization
3958 exemptions claimed and allowed in a tax year need not be
4059 claimed for subsequent tax years if there is no change in
4160 eligibility for the exemption nor any change in ownership of
42-the property against which the exemption was claimed. Head-
43-of-family, veteran and veterans' organization exemptions
44-allowable under this subsection shall be applied
45-automatically by county assessors in the subsequent tax
46-years.
47-B. Other exemptions of real property specified
48-under Section 7-36-7 NMSA 1978 for nongovernmental entities
49-shall be claimed in order to be allowed. Once such
50-exemptions are claimed and allowed for a tax year, they need
51-not be claimed for subsequent tax years if there is no change HB 494
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61+the property against which the exemption was claimed. Head-of-
62+family, veteran and veterans' organization exemptions allowable
63+.230909.1 underscored material = new
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78-in eligibility. Exemptions allowable under this subsection
79-shall be applied automatically by county assessors in
80-subsequent tax years.
81-C. An exemption required to be claimed under this
82-section shall be applied for no later than thirty days after
83-the mailing of the county assessor's notices of valuation
84-pursuant to Section 7-38-20 NMSA 1978 in order for it to be
85-allowed for that tax year.
90+under this subsection shall be applied automatically by county
91+assessors in the subsequent tax years.
92+B. Other exemptions of real property specified
93+under Section 7-36-7 NMSA 1978 for nongovernmental entities
94+shall be claimed in order to be allowed. Once such exemptions
95+are claimed and allowed for a tax year, they need not be
96+claimed for subsequent tax years if there is no change in
97+eligibility. Exemptions allowable under this subsection shall
98+be applied automatically by county assessors in subsequent tax
99+years.
100+C. [Except as set forth in Subsection H of this
101+section] An exemption required to be claimed under this section
102+shall be applied for no later than thirty days after the
103+mailing of the county assessor's notices of valuation pursuant
104+to Section 7-38-20 NMSA 1978 in order for it to be allowed for
105+that tax year.
86106 D. A person who has had an exemption applied to a
87-tax year and subsequently becomes ineligible for the
88-exemption because of a change in the person's status or a
89-change in the ownership of the property against which the
90-exemption was applied shall notify the county assessor of the
91-loss of eligibility for the exemption by the last day of
92-February of the tax year immediately following the year in
93-which loss of eligibility occurs.
107+tax year and subsequently becomes ineligible for the exemption
108+because of a change in the person's status or a change in the
109+ownership of the property against which the exemption was
110+applied shall notify the county assessor of the loss of
111+eligibility for the exemption by the last day of February of
112+the tax year immediately following the year in which loss of
113+eligibility occurs.
94114 E. Exemptions may be claimed by filing proof of
95-eligibility for the exemption with the county assessor. The
96-proof shall be in a form prescribed by regulation of the
97-department. Procedures for determining eligibility of
98-claimants for any exemption shall be prescribed by regulation
99-of the department, and these regulations shall include
100-provisions for requiring the veterans' services department to
101-issue certificates of eligibility for veteran and veterans'
102-organization exemptions in a form and with the information HB 494
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129-required by the department. The regulations shall also
130-include verification procedures to assure that veteran
131-exemptions in excess of the amount authorized under Section
132-7-37-5 NMSA 1978 are not allowed as a result of multiple
133-claiming in more than one county or claiming against more
134-than one property in a single tax year.
143+eligibility for the exemption with the county assessor. The
144+proof shall be in a form prescribed by regulation of the
145+department. Procedures for determining eligibility of
146+claimants for any exemption shall be prescribed by regulation
147+of the department, and these regulations shall include
148+provisions for requiring the veterans' services department to
149+issue certificates of eligibility for veteran and veterans'
150+organization exemptions in a form and with the information
151+required by the department. The regulations shall also include
152+verification procedures to assure that veteran exemptions in
153+excess of the amount authorized under Section 7-37-5 NMSA 1978
154+are not allowed as a result of multiple claiming in more than
155+one county or claiming against more than one property in a
156+single tax year.
135157 F. The department shall consult and cooperate with
136-the veterans' services department in the development,
137-adoption and promulgation of regulations under Subsection E
138-of this section. The veterans' services department shall
139-comply with the promulgated regulations. The veterans'
140-services department shall collect a fee of five dollars
141-($5.00) for the issuance of a duplicate certificate of
142-eligibility to a veteran or to a veterans' organization.
158+the veterans' services department in the development, adoption
159+and promulgation of regulations under Subsection E of this
160+section. The veterans' services department shall comply with
161+the promulgated regulations. The veterans' services department
162+shall collect a fee of five dollars ($5.00) for the issuance of
163+a duplicate certificate of eligibility to a veteran or to a
164+veterans' organization.
143165 G. A person who violates the provisions of this
144166 section by intentionally claiming and receiving the benefit of
145167 an exemption to which the person is not entitled or who fails
146-to comply with the provisions of Subsection D of this section
147-is guilty of a misdemeanor and shall be punished by a fine of
148-not more than one thousand dollars ($1,000). A county
149-assessor or the assessor's employee who knowingly permits a
150-claimant for an exemption to receive the benefit of an
151-exemption to which the claimant is not entitled is guilty of a
152-misdemeanor and shall be punished by a fine of not more than
153-one thousand dollars ($1,000) and shall also be automatically HB 494
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180-removed from office or dismissed from employment upon
181-conviction under this subsection."
196+to comply with the provisions of Subsection D of this section
197+is guilty of a misdemeanor and shall be punished by a fine of
198+not more than one thousand dollars ($1,000). A county assessor
199+or the assessor's employee who knowingly permits a claimant for
200+an exemption to receive the benefit of an exemption to which
201+the claimant is not entitled is guilty of a misdemeanor and
202+shall be punished by a fine of not more than one thousand
203+dollars ($1,000) and shall also be automatically removed from
204+office or dismissed from employment upon conviction under this
205+subsection.
206+[H. When a disabled veteran or the disabled
207+veteran's unmarried surviving spouse provides proof of
208+eligibility pursuant to Subsection E of this section, the
209+disabled veteran or the disabled veteran's unmarried surviving
210+spouse shall be allowed the exemption for the current tax year;
211+provided that the exemption shall not be allowed for property
212+tax due for previous tax years. ]"
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