0001|                           SENATE BILL 145
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          RICHARD M. ROMERO
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO TAXATION; PROVIDING AN ADDITIONAL METHOD OF
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0012|     PAYMENT WHEN A STATE AGENCY OWES MONEY TO A TAXPAYER;
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0013|     DECLARING AN EMERGENCY.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  A new section of the Tax Administration Act
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0017|     is enacted to read:
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0018|          "[<u>NEW MATERIAL</u>] PAYMENT WHEN STATE AGENCY OWES 
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0019|     TAXPAYER.--
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0020|               A.  When a taxpayer is owed money, including late
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0021|     payment charges pursuant to Section 13-1-158 NMSA 1978, by a
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0022|     state agency, the taxpayer may assign the account payable to
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0023|     the department for payment of taxes owed to the state.
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0024|               B.  The assignment shall constitute an acceptable
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0025|     method of payment of taxes as of the date the assignment is
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0001|     received by the department.  The assignment shall be for the
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0002|     entire amount owed to the taxpayer by the state agency, and,
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0003|     if the amount is more than the tax liability, the excess may
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0004|     be claimed as a refund by the taxpayer.  The assignment may be
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0005|     tendered as payment only if the taxes for which payment is
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0006|     being made constitute at least seventy-five percent of the
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0007|     amount assigned.
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0008|               C.  Assignment shall be in a form acceptable to the
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0009|     department and shall include a sworn statement that the money
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0010|     is owed the taxpayer on work accepted by the state agency and
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0011|     a copy of the invoice submitted to the state agency.
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0012|               D.  Assigning an account payable that the taxpayer
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0013|     knows or should know is disputed by the state agency shall
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0014|     constitute payment of taxes with a bad check."
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0015|          Section 2.  EMERGENCY.--It is necessary for the public
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0016|     peace, health and safety that this act take effect
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0017|     immediately. 
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0018|                                  
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