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F I S C A L I M P A C T R E P O R T
SPONSOR Arnold-Jones
ORIGINAL DATE
LAST UPDATED 2-4-2006 HB 828
SHORT TITLE Statute of Limitations Technical Changes
SB
ANALYST Dearing
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
NFI*
*Please See Narrative
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the Courts (AOC)
Attorney General’s Office (AGO)
SUMMARY
Synopsis of Bill
House Bill 828 would clarify the current provision of law that suspends the statute of limitations
during which the State must make assessments or bring actions or proceedings to collect taxes or
to prosecute criminal cases. The bill clarifies that the suspension period also begins when a sub-
poena or summons is issued by the Secretary of Taxation and Revenue Department.
House Bill 828 makes one technical change to Section 7-1-4 NMSA 1978 such that it extends, to
include the secretary, in addition to the court, as the source of subpoena or summons issuance
when a tax liability is being established, relating to the suspension period while awaiting appeals.
The effective date of the provisions of this act is not currently stated within this bill.
FISCAL IMPLICATIONS
No fiscal impact incurred with the passage of this legislation.
*The Administrative Office of the Courts (AOC) does not believe that the bill has a fiscal or any
administrative impact on the courts.
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House Bill 828 – Page
2
SIGNIFICANT ISSUES
In light of the Secretary’s existing authority (provided in subsection B) to issues subpoenas and
summonses, the amendment proposed in this bill will clarify and thus ensure that the suspension
of the time during which assessments may be made and both civil and criminal actions and pro-
ceedings relating to tax liability may be brought applies to subpoenas and summons issued under
that authority.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Applicable Sections of the New Mexico Statutes Annotated code will remain intact, as currently
written.
POSSIBLE QUESTIONS
Should this bill contain an effective provision date.
PD/nt