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F I S C A L I M P A C T R E P O R T
SPONSOR Jennings
DATE TYPED 2-22-2005 HB
SHORT TITLE Leased Vehicle Surcharge Exemption
SB 430
ANALYST Taylor
REVENUE
Estimated Revenue
Subsequent
Years Impact
Recurring
or Non-Rec
Fund
Affected
FY05
FY06
($900.0)
Similar Recurring
General Fund
(Parenthesis ( ) Indicate Revenue Decreases)
SOURCES OF INFORMATION
LFC Files
Taxation and Revenue Department
SUMMARY
Senate Bill 430 would exempt New Mexico residents from the $2.00 per day surcharge for
leased vehicles.
The bill has an effective date of July 1, 2005.
FISCAL IMPLICATIONS
In FY04, leased vehicle surcharge brought in $5.9 million to the state general fund. Similar
amounts are expected in FY05 and FY06. Although it is difficult to estimate how much of this is
due to residents compared to non-residents, the revenue from residents is not inconsequential.
The Blue Ribbon Tax Commission considered an initiative to allow a deduction for replacement
vehicles. That deduction was estimated to reduce general fund revenues by $900 thousand. This
is likely the minimum impact, as it does not capture other possible leases by residents.
ADMINISTRATIVE IMPLICATIONS
TRD reports that the administrative impacts would be minimal and could be absorbed with exist-
ing resources.
pg_0002
Senate Bill 430-- Page 2
TECHNICAL ISSUES
TRD’s bill analysis included the following technical issues:
The bill would probably be interpreted as unconstitutional under Article IV, Section 2 of
the U.S. Constitution which states “The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.“
“New Mexico Resident” is not defined. It is unknown if this bill applies to part-year
residents. Proof of New Mexico residency and enforcement of this exemption is not ex-
plained. It is unknown whether liability for proof of residency rests with the owner or
lessee.
It would be more clear if section 7-14A-4 NMSA 1978 (Presumption of Taxability) and
7-14A-2 NMSA 1978 (Definitions) be included and amended to reflect the intentions of
this bill.
BT/lg