0001|                            HOUSE BILL 886
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          WILLIAM E. PORTER
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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; AMENDING A SECTION OF THE PROPERTY TAX
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0012|     CODE PERTAINING TO VALUATION OF MANUFACTURED HOMES.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 7-36-26 NMSA 1978 (being Laws 1973,
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0016|     Chapter 258, Section 27, as amended) is amended to read:
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0017|          "7-36-26.  SPECIAL METHOD OF VALUATION--MANUFACTURED
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0018|     HOMES.--
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0019|               A.  The owner of a manufactured home subject to
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0020|     valuation for property taxation purposes shall report the
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0021|     manufactured home annually for valuation to the county assessor
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0022|     of the county in which the manufactured home is located on
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0023|     January 1.  The report shall be in a form and contain the
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0024|     information required by department regulation and shall be made
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0025|     no later than the last day of February of the tax year in which
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0001|     the property is subject to valuation.
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0002|               B.  The valuation method used for determining the
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0003|     value of manufactured homes for property taxation purposes
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0004|     shall be a cost method applying generally accepted appraisal
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0005|     techniques and shall generally provide for:
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0006|                    (1)  the determination of initial cost of a
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0007|     manufactured home based upon classifications of manufactured
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0008|     homes and sales prices for the various classifications;
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0009|                    (2)  deductions from initial cost for allowable
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0010|     depreciation, which allowances for depreciation shall be
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0011|     developed by the <s>[division; and]</s> <u>department</u>;
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0012|                    (3)  deduction from initial cost of other
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0013|     justifiable factors, including but not limited to functional
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0014|     and economic obsolescence; <u>and</u>
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0015|                    <u>(4)  measurement of the square footage of the
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<u></u>0016| <u>    manufactured home not including the tongue</u>.
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0017|               C.  Whether or not the presence of a manufactured
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0018|     home is declared and reported by the owner to a county assessor
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0019|     as required by this section, the county assessor shall
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0020|     determine the value for property taxation purposes of each
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0021|     manufactured home located in the county and subject to
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0022|     valuation.  County assessors shall use the information required
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0023|     to be furnished them under Sections 66-6-10 and 66-7-413 NMSA
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0024|     1978 to assure that accurate records of locations of
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0025|     manufactured homes are maintained.
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0001|               D.  Any person who intentionally refuses to make a
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0002|     report required of him under this section or who knowingly
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0003|     makes a false statement in a report required under this section
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0004|     is guilty of a misdemeanor and shall be punished by the
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0005|     imposition of a fine of not more than one thousand dollars
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0006|     ($1,000).
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0007|               E.  Any person who fails to make a report required
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0008|     of him under this section is liable for a civil penalty in an
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0009|     amount equal to five percent of the property taxes ultimately
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0010|     determined to be due on the property for the tax year or years
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0011|     for which he failed to make the required report.
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0012|               F.  Any person who intentionally refuses to make a
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0013|     report required of him under this section with the intent to
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0014|     evade any tax or who fails to make a report required of him
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0015|     under this section with the intent to evade any tax is liable
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0016|     for a civil penalty in an amount equal to twenty-five percent
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0017|     of the property taxes ultimately determined to be due on the
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0018|     property for the tax year or years for which he refused or
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0019|     failed to make the required report.
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0020|               G.  The civil penalties authorized under Subsections
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0021|     E and F of this section shall be imposed and collected at the
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0022|     time and in the manner that the tax is imposed and collected. 
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0023|     In order to assist in the imposition and collection of the
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0024|     penalties, the assessor having responsibility for determining
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0025|     the value of the property shall make an entry in the valuation
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0001|     records indicating the liability for any penalties due under
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0002|     this section."
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0003|          Section 2.  APPLICABILITY.--The provisions of this act
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0004|     apply to the 1998 and subsequent property tax years.
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0005|                                                         State of New Mexico
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0006|                      House of Representatives
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0007|   
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0008|                      FORTY-THIRD LEGISLATURE
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0009|                        FIRST SESSION, 1997
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0010|   
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0011|   
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0012|                                               February 24, 1997
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0013|   
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0014|   
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0015|   Mr. Speaker:
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0016|   
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0017|        Your TAXATION AND REVENUE COMMITTEE, to whom has
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0018|   been referred
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0019|   
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0020|                        HOUSE BILL 886
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0021|                               
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0022|   has had it under consideration and reports same with
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0023|   recommendation that it DO PASS, amended as follows:
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0024|   
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0025|        1.  On page 2, line 1, after the period, insert:  "If the
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0001|   department provides that the report required by this section
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0002|   include information on the size of a manufactured home, the
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0003|   department shall require that the owner not include the tongue in
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0004|   any measurement of the square footage of the manufactured home.".
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0005|   
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0006|        2.  On page 2, line 11, after the semicolon insert "and".
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0007|   
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0008|        3.  On page 2, line 14, strike "; and", strike all of line
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0009|   15 and strike line 16 up to the period. 
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0010|   
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0011|   
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0012|                                 Respectfully submitted,
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0013|   
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0014|   
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0015|   
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0016|                                                               <u>                                
</u>    |
<u></u>0017| <u>                                </u>
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0018|                                                               Jerry W. Sandel, Chairman
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0019|   
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0020|   
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0021|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0022| <u>   </u>
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0023|             (Chief Clerk)                       (Chief Clerk)
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0024|   
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0025|                        Date <u>            </u>
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0001|   
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0002|   The roll call vote was<u> 11 </u> For<u> 0 </u> Against
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0003|   Yes:      11
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0004|             Excused:  Russell, Sandoval
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0005|             Absent:   None
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0006|   
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0007|   
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0008|   .117690.1
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0009|   G:\BILLTEXT\BILLW_97\H0886  
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0010|   
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0011|                      FORTY-THIRD LEGISLATURE
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0012|                        FIRST SESSION, 1997
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0013|   
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0014|   
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0015|                                                  March 19, 1997
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0016|   
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0017|   Mr. President:
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0018|   
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0019|       Your WAYS AND MEANS COMMITTEE, to whom has been
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0020|   referred
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0021|   
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0022|                    HOUSE BILL 886, as amended 
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0023|   
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0024|   has had it under consideration and reports same with
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0025|   recommendation that it DO PASS.
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0001|   
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0002|                                Respectfully submitted,
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0003|   
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0004|   
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0005|   
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0006|                                
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0007|   __________________________________
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0008|                                Carlos R. Cisneros, Chairman 
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0009|   
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0010|   
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0011|   
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0012|   Adopted_______________________   Not
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0013|   Adopted_______________________
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0014|             (Chief Clerk)                          (Chief Clerk)
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0015|   
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0016|   
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0017|   
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0018|                     Date ________________________
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0019|   
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0020|   
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0021|   The roll call vote was <u> 7 </u> For <u> 0 </u> Against
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0022|           Yes:    7
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0023|           No:     0
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0024|                Excused:     Duran, McSorley
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0025|           Absent: None
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0001|   
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0002|   
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0003|   H0886WM1
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