HB 494
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AN ACT
RELATING TO TAXATION; AMENDING CLAIMING EXEMPTIONS FOR
VETERANS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 7-38-17 NMSA 1978 (being Laws 1973,
Chapter 258, Section 57, as amended) is amended to read:
"7-38-17. CLAIMING EXEMPTIONS--REQUIREMENTS--
PENALTIES.--
A. Subject to the requirements of Subsection E of
this section, head-of-family exemptions, veteran exemptions,
disabled veteran exemptions or veterans' organization
exemptions claimed and allowed in a tax year need not be
claimed for subsequent tax years if there is no change in
eligibility for the exemption nor any change in ownership of
the property against which the exemption was claimed. Head-
of-family, veteran and veterans' organization exemptions
allowable under this subsection shall be applied
automatically by county assessors in the subsequent tax
years.
B. Other exemptions of real property specified
under Section 7-36-7 NMSA 1978 for nongovernmental entities
shall be claimed in order to be allowed. Once such
exemptions are claimed and allowed for a tax year, they need
not be claimed for subsequent tax years if there is no change HB 494
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in eligibility. Exemptions allowable under this subsection
shall be applied automatically by county assessors in
subsequent tax years.
C. An exemption required to be claimed under this
section shall be applied for no later than thirty days after
the mailing of the county assessor's notices of valuation
pursuant to Section 7-38-20 NMSA 1978 in order for it to be
allowed for that tax year.
D. A person who has had an exemption applied to a
tax year and subsequently becomes ineligible for the
exemption because of a change in the person's status or a
change in the ownership of the property against which the
exemption was applied shall notify the county assessor of the
loss of eligibility for the exemption by the last day of
February of the tax year immediately following the year in
which loss of eligibility occurs.
E. Exemptions may be claimed by filing proof of
eligibility for the exemption with the county assessor. The
proof shall be in a form prescribed by regulation of the
department. Procedures for determining eligibility of
claimants for any exemption shall be prescribed by regulation
of the department, and these regulations shall include
provisions for requiring the veterans' services department to
issue certificates of eligibility for veteran and veterans'
organization exemptions in a form and with the information HB 494
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required by the department. The regulations shall also
include verification procedures to assure that veteran
exemptions in excess of the amount authorized under Section
7-37-5 NMSA 1978 are not allowed as a result of multiple
claiming in more than one county or claiming against more
than one property in a single tax year.
F. The department shall consult and cooperate with
the veterans' services department in the development,
adoption and promulgation of regulations under Subsection E
of this section. The veterans' services department shall
comply with the promulgated regulations. The veterans'
services department shall collect a fee of five dollars
($5.00) for the issuance of a duplicate certificate of
eligibility to a veteran or to a veterans' organization.
G. A person who violates the provisions of this
section by intentionally claiming and receiving the benefit of
an exemption to which the person is not entitled or who fails
to comply with the provisions of Subsection D of this section
is guilty of a misdemeanor and shall be punished by a fine of
not more than one thousand dollars ($1,000). A county
assessor or the assessor's employee who knowingly permits a
claimant for an exemption to receive the benefit of an
exemption to which the claimant is not entitled is guilty of a
misdemeanor and shall be punished by a fine of not more than
one thousand dollars ($1,000) and shall also be automatically HB 494
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removed from office or dismissed from employment upon
conviction under this subsection."