46th legislature - STATE OF NEW MEXICO - first session, 2003

PROPOSING TO AMEND ARTICLE 8 OF THE CONSTITUTION OF NEW MEXICO BY AMENDING SECTIONS 5 AND 15 TO PROVIDE A ONE HUNDRED PERCENT PROPERTY TAX EXEMPTION FOR CERTAIN VETERANS.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. It is proposed to amend Article 8, Section 5 of the constitution of New Mexico to read:

"The legislature shall exempt from taxation the property of each head of the family to the amount of two thousand dollars ($2,000). The legislature shall [also] exempt entirely from taxation the property, including the community or joint property of husband and wife, of every honorably discharged member of the armed forces of the United States who served in such armed forces during any period in which they were or are engaged in armed conflict under orders of the president of the United States, and the widow or widower of every such honorably discharged member of the armed forces of the United States [in the sum of two thousand dollars ($2,000) in tax years prior to 2003; two thousand five hundred dollars ($2,500) in 2003; three thousand dollars ($3,000) in 2004; three thousand five hundred dollars ($3,500) in 2005; and four thousand dollars ($4,000) in 2006 and each subsequent year]. Provided that in every case where exemption is claimed on the ground of the claimant's having served with the armed forces of the United States as aforesaid, the burden of proving actual and bona fide ownership of such property upon which exemption is claimed, shall be upon the claimant and the exemption shall only be for the veteran's or widow's or widower's principal place of residence."

Section 2. It is proposed to amend Article 8 of the constitution of New Mexico by amending Section 15 to read:

"Unless exempted from property taxation under Article 8, Section 5 of this constitution, the legislature shall exempt from taxation the property, including the community or joint property of husband and wife, of every veteran of the armed forces of the United States who has been determined pursuant to federal law to have a one hundred percent permanent and total service-connected disability, if the veteran occupies the property as his principal place of residence. The legislature shall also provide this exemption from taxation for property owned by the widow or widower of a veteran who was eligible for the exemption provided in this section, if the widow or widower continues to occupy the property as his principal place of residence. The burden of providing eligibility for the exemption in this section is on the person claiming the exemption."

Section 3. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.